Stephen M. Hankins is a trial attorney concentrating in patent and other complex litigation.
Intellectual Property
Mr. Hankins is leader of Schiff Hardin's Intellectual Property Group. He has managed and tried patent infringement cases, including Hatch-Waxman claims, and related antitrust claims. He is experienced in federal and state trial and appellate courts in matters ranging from emergency injunctive relief to multi-month, complex jury trials.
Mr. Hankins has represented corporate parties in patent litigation involving:
- Electronics
- Software
- Healthcare computer systems
- Imaging systems
- Hatch-Waxman counseling and disputes
- Telecommunications systems
He has led efforts for plaintiffs and defendants in California, Illinois, Wisconsin, Virginia, New York and Texas. His clients include emerging industries as well as established Fortune 100 companies. Recently, he has litigated issues including:
- Emergency injunctive relief for patentees in "rocket dockets"
- Damages — application of entire market value rule
- Dispositive motions in "local rule" jurisdictions
- Scope of waiver for privilege of opinion counsel
- Inequitable conduct claims
- Federal and state antitrust issues
- Eleventh Amendment immunities
- Joint development rights and obligations
- Related trade secret issues
Mr. Hankins is experienced in all phases of patent litigation, from initial evaluation of rights and potential liabilities through complex cross-licensing settlements or judgment and appeal.
In addition to traditional patent litigation, Mr. Hankins represents corporate clients in federal copyright and trademark suits.
Labor and Employment
Mr. Hankins has represented employers in a wide range of labor and employment matters. His practice includes defending claims that are pending in a variety of state and federal agencies and courts as well as in binding arbitration and other ADR forums. He recently represented an employer in a six-week jury trial where the Los Angeles jury returned a defense verdict on whistleblower claims brought by a former employee.
Mr. Hankins' recent engagements include:
- Representing a multi-national Internet-content provider in claims brought by a former employee of wrongful termination and violation of California's whistleblower laws
- Representing a unionized manufacturer in an assortment of matters ranging from counseling on current employment relationships and workplace violence prevention strategies to concerns raised during disciplinary proceedings
- California and Federal OSHA trials and related counseling
- Representation of Fortune 100 company in whistleblower action pending in Los Angeles County Superior Court through trial and resulting in a defense verdict.
- Representation of technology and manufacturing companies in EEOC and DFEH proceedings for claims of pregnancy, race and sex discrimination
- Representing various companies in defending and bringing claims related to employee departures and trade secret protection
- Counseling employers on workplace violence prevention and successfully defending a company in action involving an employee's murder-suicide with related security company indemnity claims
- Successful binding arbitration of a variety of claims including discrimination claims compelled through a collective bargaining agreement as well as through traditional employment agreement arbitration provisions
- Representation of employees and employers in federal and state wage claims
Other Litigation
Mr. Hankins has been a trial attorney since graduating from law school, focusing on complex commercial litigation, including Business and Professions Code unfair practice claims, class actions and intellectual property litigation.
Mr. Hankins has represented multi-national companies in jurisdictions throughout the country defending purported class actions, false advertising and unfair competition claims.
In addition, Mr. Hankins has successfully defended Business and Professions code claims relating to sales of children's toys, cosmetics, and residential homes in more than 500 home developments. He has also successfully defended class action and Business and Professions Code allegations in employment suits alleging race, age and wage claims, as well as whistleblower and other claims brought by employees on behalf of the public.