Ethan Plail
Biography
Overview
Ethan Plail has represented many of the country's leading life sciences and high technology companies in their most important intellectual property and commercial disputes. Mr. Plail, an Associate in White & Case's Washington, D.C. office, is an experienced patent litigator focusing on intellectual property and other complex commercial disputes. He has extensive experience with Section 337 investigations before the International Trade Commission (ITC), post-grant and inter partes review proceedings before the United Patent and Trademark Office (USPTO), and patent litigation before Federal District Courts. With a background in chemical engineering, Mr. Plail has represented clients in industries ranging from oil refining, biotech, and medical devices to artificial intelligence, computer software and hardware, cellular and wireless devices and networks, semiconductors, and consumer products. Mr. Plail has experience with all stages of litigation, including pre-suit investigations, fact and expert discovery, pre-trial submissions, trials, post-trial briefings, and appeals.
Before joining White & Case as an associate, Mr. Plail worked in the litigation department of another leading international law firm.
During law school, Mr. Plail was a teaching assist for Computer Programming for Lawyers and Technology & Access to Justice. Mr. Plail was also a litigation intern in the Federal Trade Commission's Bureau of Consumer Protection.
Mr. Plail's pro bono experience includes representing clients in immigration and asylum matters and representing amicus before the United States Supreme Court.
Experience
Represented leading connected fitness equipment technology company in complex multi-forum litigation (ITC, PTAB, and Federal District Court) against multiple competitors. Developed successful domestic industry, (non)infringement, (in)validity, and damages arguments as both defendant and plaintiff in collaboration with experts, engineers, and business leaders.
Represented Complainant in 14-Respondent ITC investigation involving seven accused products. Acted as managing associate responsible for all aspects of the investigation from pre-suit through final hearing, including discovery, contentions, depositions, expert discovery, and pre and post-hearing briefing.
Earned rare dismissal under Section 101 in the Eastern District of Texas for Defendant, and subsequently invalided the same patents at the USPTO.
Represented leading technology company in complex multi-patent litigation. Led custodian and fact gathering interviews with dozens of client engineers and in-house legal counsel.
