Evan S. Day

Evan S. Day is a patent litigation attorney at Perkins Coie LLP, focusing his practice on defending technology companies in complex intellectual property disputes. His experience spans patent litigation in federal district courts, U.S. International Trade Commission (ITC) Section 337 investigations, and post-grant proceedings before the Patent Trial and Appeal Board (PTAB) of the USPTO.

Mr. Day primarily represents defendants and respondents, specializing in technologies such as software, internet platforms, electronics, and virtual reality systems. He has defended clients in matters involving web design tools, touchscreen controllers, movable barrier operator systems, and virtual reality headsets. His representation in EXPRESS MOBILE, INC. v. Wix.com Ltd. involved defending Wix.com, Inc. in patent litigation. He has also successfully served as counsel for respondents in ITC investigations, including Shenzhen Carku Technology Co., Ltd. and Shenzhen Huiding Technology Co., Ltd., securing favorable outcomes such as initial determinations of no Section 337 violation or favorable settlements.

His practice includes significant experience with post-grant procedures, having litigated multiple inter partes review (IPR) cases through oral hearings and final written decisions that favored his firm's clients. Notably, in a case involving HTC America, Inc., the PTAB canceled all claims of one asserted patent, followed by a grant of summary judgment of no infringement on the remaining patent. Mr. Day has also contributed to legal scholarship on PTAB proceedings, co-authoring an article on real parties in interest and privity in AIA trials.

Mr. Day earned his J.D. from Georgetown University Law Center in 2007 and a B.A. in Biology, cum laude, from Harvard University in 2003. He is admitted to the State Bar of California and registered with the U.S. Patent and Trademark Office.