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Maya M. Eckstein
Partner
Litigation & Intellectual Property Practice

Richmond
(804) 788-8788 Phone
(804) 344-7999 Fax

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Practices
Appellate
Class Action,
  Multidistrict
  Litigation

Constitutional &
  Voting Rights

Intellectual
  Property

Litigation
National Business
  Tort and Product
  Liability

Open Source
Patent Practice

PublicationsNewsSpeechesBio
Maya M. Eckstein

As a Patent and IP litigator, Maya advises companies and organizations on how to protect intellectual property rights. She represents plaintiffs and defendants in patent infringement litigation, and counsels clients on a wide variety of IP issues. When clients face allegations of infringement, Maya collaborates with them to analyze the allegations and develop suitable responses. She advises clients on alternative approaches, and coordinates and implements the response, including litigation. When a client believes that patent or other intellectual property rights have been infringed, Maya develops a strategy to enforce her client's rights, and recommends a course of action to protect her client's interest. This includes analyses of the extent of infringement and damages, and the negotiation of favorable settlements. Maya has significant experience litigating disputes, but also finds ways to resolve disputes short of litigation, such as through negotiated licenses or other resolutions. Maya also has experience planning, coordinating and executing national defense of complex litigation involving multiple defendants and multiple jurisdictions.

Relevant Experience
  • Lead counsel for patent holder in infringement litigation involving cable television technology. The case is currently pending.
  • Lead counsel for defendants in patent infringement litigation involving stored-value gift cards. The case is currently pending.
  • Lead counsel in ICC arbitration involving dispute over patent license agreement. The case is currently pending.
  • Lead counsel for patent holder in infringement litigation relating to document security technology.  The case is currently pending.
  • Trial counsel for patent holder in Energy Transportation Group, Inc. v. Sonic Innovations, Inc. et al. Civ. Act. No. 05-422(GMS) involving hearing aid technology. The jury returned a verdict for client ETG, finding willful patent infringement and awarding damages of $31 million against two defendants.  The case is in post-trial briefing.
  • Lead counsel for defendants in patent infringement litigation involving above-ground storage tanks.  Case was favorably settled with no-cost license for defendants. (2009)
  • Counsel for Fortune 500 company in trademark infringement litigation against competitor. Case was favorably settled. (2008)
  • Lead counsel for defendant Interactive Communications International, Inc. in TGIP, Inc. v. AT&T Corp. et al, (E.D. Tex.).  After obtaining summary judgment of non-infringement on majority of products at issue, settlement reached resulting in dismissal before trial.  (2007)
  • Trial counsel for patent owner ePlus in ePlus, Inc. v. SAP, Civil Action No. 3:05cv281 (E.D. Va.) in infringement litigation involving electronic procurement systems.  Case was favorably settled while awaiting the court's decision following a four-week trial.  (2006)
  • Counsel for patent owner in infringement litigation to prevent defendant companies from using technology related to wireless email.
    Case was favorably settled after receiving jury verdict of infringement and validity.
  • Significant experience with software and business method patent litigation.
  • Counsels clients on legal issues related to use of open source software.
Additional Experience
  • Represented national railroad in slavery reparations litigation.  Cases were favorably resolved on pretrial motions.
  • Represented cigarette manufacturer in major product liability litigation, including coordinating national defense strategy with other defendants in courts throughout the United States.  Cases were favorably resolved on pretrial motions.
  • Represented manufacturer of gasoline additive in class action product liability litigation.  Case was favorably resolved on pretrial motions.
  • In international child abduction cases, represent parents in cases proceeding under the Hague Convention on International Child Abduction. Pro bono in cooperation with the National Center for Missing and Exploited Children.
Background
  • Judicial Clerk, Hon. Roger L. Gregory, U.S. Court of Appeals for the Fourth Circuit, 2001
Membership
  • Virginia Bar Association
  • New York Bar Association
  • John Marshall Inn of Court
Awards and Professional Recognition
  • AV® Peer Review Rated in Martindale-Hubbell
  • Listed in The Best Lawyers In America, Intellectual Property Law, 2009, 2011
  • Benchmark Litigation Guide, "Future Litigation Star", 3rd ed., 4th ed.
  • Chambers USA, Virginia -- Intellectual Property, 2009, 2010
  • Chambers USA "Up and Comers", 2008
  • Woman of Achievement Award, Metro Richmond Women's Bar Association, 2008
  • Listed in Who's Who in America
  • Listed in Who's Who of Emerging Leaders
  • Virginia Super Lawyer 2009
  • Virginia Super Lawyer Rising Star, 2007, 2008 
  • Virginia Business Magazine Legal Elite, 2005, 2008
  • American Inns of Court Sandra Day O'Connor Award for Professional Service, 2003
  • Inside Business Top 40 Under 40, 2002
  • Outstanding Young Lawyer of the Year Award, Virginia State Bar, 1999
Education
  • J.D., Syracuse University College of Law, magna cum laude, Order of the Coif; Associate Notes and Comments Editor, Syracuse Law Review, 1995
  • B.A., Kent State University, cum laude, Journalism, 1991
Languages
  • Hebrew


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