Russell Tonkovich



650.825.4300 x106

Dr. Russell Tonkovich’s practice focuses on patent litigation and monetization. He is the Co-Chair of the firm’s Pharmaceutical & Life Sciences Practice focused on representing generic pharmaceutical companies in Hatch Waxman litigation. Russell is a nationally recognized patent litigator who has won verdicts in some of the largest patent infringement cases in the country. In 2023, he was selected as among the top 50 best performing and most active patent litigation attorneys in the United States, according to Patexia’s 2023 Patent Litigation Intelligence Report, for his work during the period 2017 through 2022.  Russell successfully leads patent litigation teams to success at trial in district courts and the PTAB, and has achieved significant settlements for his clients.

Russell has represented Fortune 500 companies as well as startup companies in patent litigation involving a wide variety of technologies relating to pharmaceuticals, biotechnology, DNA arrays and sequencing, semiconductors, LED technology, smartphones and tablets, consumer electronics, optical networking, internet technologies, computer software, and computer networking.

Russell has represented both plaintiffs and defendants in variety of venues throughout the country including in district courts, the Patent Trials and Appeals Board, and the International Trade Commission. Russell also has significant experience representing clients in the Federal Circuit regarding appeals and writs of mandamus.

Russell has over 19 years of experience in patent litigation. Prior to joining Kramer Alberti, Russell worked at Wilmer Hale and Kirkland & Ellis as a patent litigator.

significant matters
University of Michigan v. Leica Microsystems, Inc. (N.D. California) Dr. Tonkovich represents University of Michigan in an important patent infringement action enforcing the university’s leading edge patented microscope technology.
Broadband iTV, Inc. v. AT&T, DirecTV, Dish Network LLC (W.D. Texas) Dr. Tonkovich represents pioneering video on demand and content management technology company, BBiTV, in three consolidated 5-patent cases filed in December 2019.
Polaris PowerLED Technologies, LLC v. Samsung Electronics Ltd. (E.D. Texas) Dr. Tonkovich represented Polaris in a patent infringement case involving automatic brightness control technology implemented in Samsung mobile phones and televisions. Polaris won the claim construction and nearly all pre-trial motions. The case settled favorably on confidential terms on the eve of jury trial after defeating Samsung’s motions for summary judgment, Daubert motions and motions to strike expert opinions, and motions in limine.
Finisar Corp. v. Nistica, Inc. (N.D. Cal. and Fed. Cir.) Dr. Tonkovich represented Nistica in an appeal and secured a victory in the Federal Circuit Court of Appeals. The Federal Circuit unanimously affirmed Nistica’s verdict of noninfringement in two jury trials in the Northern District of California.
Millenium Pharmaceuticals, Inc. v. Sandoz, Inc. et al. (D. Del.) Represented Millenium Pharmaceuticals in patent infringement litigation against Sandoz, Accord Healthcare, Acatavis, and Fresenius arising out of their filing of abbreviated new drug applications (ANDAs). Millenium asserted infringement of two patents relating to pharmaceutical formulations.
Cubist Pharmaceuticals, Inc. v. TEVA Parenteral Medicines, Inc. (D. Del.).  Represented Cubist Pharmaceuticals in patent infringement litigation arising from TEVA’s abbreviated new drug application (ANDA). Achieved a favorable settlement on behalf of Cubist Pharmaceuticals.
Centocor, Inc. v. Genentech, Inc. et al. (C.D. Cal.). Represented Genentech in a declaratory judgment action brought by Centocor seeking a declaration that one of Genentech's patents is invalid, unenforceable, and not infringed by Centocor's products. Achieved a favorable settlement.
Juris Doctor
Harvard Law School

Medical Doctor (M.D.)
University of Illinois

Bachelor of Science (with Honors), Biochemistry
University of Wisconsin-Madison
N.D. California
C.D. California
E.D. Texas
Federal Circuit
Registered to practice before the USPTO
venue experience
N.D. California
C.D. California
E.D. Texas
International Trade Commission
W.D. Texas