Antigone Peyton, Founder and CEO

Antigone focuses on intellectual property litigation and IP portfolio management and growth strategies involving patents, trademarks, trade secrets, and copyrights. Her litigation and counseling experiences also include unfair competition, DMCA violations, computer fraud, and social media issues. Antigone has acted as lead trial counsel and appellate counsel in federal civil lawsuits across the United States and has a significant litigation practice in the Eastern District of Virginia (the “Rocket Docket”). Additionally, Antigone has represented clients before the Patent Trial and Appeal Board (PTAB), in the U.S. Patent and Trademark Office (USPTO), and before the Trademark Trial and Appeal Board (TTAB).

Antigone has been recognized among the Virginia Legal Elite for her work involving intellectual property law and has been honored with an Influential Women of Virginia award for outstanding efforts in law and her community contributions, which includes a STEM mentorship program for students interested in careers involving scientific research and innovation.

Antigone’s clients range from technology start-ups to international corporations. She has represented companies involved in high stakes intellectual property litigation over technologies that range from pharmaceuticals and medical devices to Internet, software, cyber security, telecommunication, and aerospace technologies. Antigone has significant experience involving ediscovery related technologies and practices. She has also helped consumer products companies manage and grow brand-related assets, including companies focused on fitness, food, cosmetics, and apparel products.

Having worked for both a trial judge at the U.S. International Trade Commission (ITC) and an appellate judge at the Court of Appeals for the Federal Circuit (Federal Circuit), Antigone brings a practical perspective to her litigation and client counseling practice. Antigone also counsels attorneys, law students, and companies on business risks and best practices relating to business use of emerging technologies, social media, cloud computing, and relevant data transfer and privacy restrictions.

Before she founded Cloudigy Law, Antigone was a litigator at Finnegan, Henderson, Farabow, Garrett & Dunner LLP, in Washington, DC and managed the firm’s electronic litigation working group on e-discovery. Before law school, Antigone conducted scientific research involving clinical and pre-clinical biophysics and magnetic resonance studies at a large university medical center. This experience sharpened her focus on business needs and the practical aspects of innovation efforts when crafting legal solutions—a perspective often missing in the legal field.

She does much more than legal work, though. Antigone is an avid fruit and vegetable gardener and enjoys growing heirloom tomatoes in the summer.

Practice Areas

  • Patents
  • Copyrights
  • Trademarks
  • Trade Secrets
  • Unfair Competition
  • Internet and Social Media Law
  • Cross-Border Data and Privacy Issues
  • Civil Litigation

Representative Experiences

  • Offensive and defensive patent and copyright litigations involving between $20 million and $4 billion in damages.
  • Represented a large commercial general contractor and real estate developer in an architectural copyright infringement lawsuit.
  • Represented retail and e-commerce company in trademark infringement litigation involving apparel and accessories.
  • Represented Ferring B.V. at the Supreme Court in a case involving a patent covering hormone deficiency treatment.
  • Represented a national technology company in a copyright, unfair competition, and trade secret dispute involving a software program.
  • Represented Netscape in a patent infringement suit involving Web cookies technology.
  • Defended Eli Lilly in a suit filed by Pfizer related to the ED drug Cialis®.
  • Conducted an analysis of a biologic patent portfolio for a large pharmaceutical company.
  • Represented Abbott in a patent suit involving assays used in pregnancy tests.
  • Represented United Technologies Corporation in a patent suit involving jet engine technologies.
  • Represented Aventis in a patent suit involving a biologic hemophilia product.
  • Provided strategic patent and trademark portfolio management counseling to multi-national luxury goods company.
  • Developed trade secret protection processes and employee training materials for defense contractor and cyber security technology company.
  • Conducted IP portfolio audit and facilitated asset sale for dormant portions of technology company’s patent portfolio (over 200 patents).

Professional Activities

  • American Bar Association, Law Practice Management Section
  • American Intellectual Property Law Association
  • Federal Circuit Bar Association
  • Federal Circuit Historical Society
  • The Sedona Conference®

Recent Speaking Engagements

Legal Publications

  • “A Litigator’s Guide to the Internet of Things (IoT),” forthcoming in Richmond Journal of Law & Technology (2016)
  • “The Connected State of Things: A Lawyer’s Survival Guide in an IoT World,” forthcoming in the Catholic University Journal of Law and Technology (2016)
  • “Kill the Dinosaurs, and Other Tips for Achieving Technical Competence in Your Law Practice,” 21 Richmond Journal of Law & Technology 7 (2015)
  • “Trial Lawyers Tackle Twitter,” ABA Law Practice Magazine (April 2013)
  • “Social Media War Stories from Litigation,” ABA Law Practice Today (June 2012)
  • “2011 Trademark Law Decisions of the Federal Circuit,” 61 Am. U. L. Rev. 1151 (May 2012)
  • “Expert Blogs and Tweets: Are They Expert Publications?” Intellectual Property Today (Aug. 2010)
  • “On the Horizon: A New Federal Circuit,” The Federal Circuit Bar Journal (June 2010)

Scientific Publications

  • Coauthor, “Diagnostic Testing Fails the Test,” Nature (2002)
  • Coauthor, “In Vivo, In Utero Microscopic Magnetic Resonance Imaging: Application in a Rat Model of Diaphragmatic Hernia,” 44 Magnetic Resonance Medicine 331 (Aug. 2000)
  • “Gene Patenting,” Remarks Before the Secretary’s Advisory Committee on Genetic Testing by Dr. Merz (SACGT) (June 2000)
  • Coauthor, “Sodium Visibility and Quantitation in Intact Bovine Articular Cartilage Using High Field 23Na MRI and MRS,” 142 J. Magnetic Resonance 24 (Jan. 2000)

Editorial Positions

  • Senior contributing editor to The Sedona Conference® Commentary on Inactive Information Sources (published in 2009)
  • Served as the Federal Circuit Bar Journal editor-in-chief (2001-2002) and associate editor (2003-2009)

Bar & Court Admissions

  • District of Columbia
  • Virginia
  • U.S. District Court, E.D. Virginia
  • U.S. Court of Appeals, Federal Circuit
  • U.S. Court of Appeals, Fourth Circuit
  • U.S. Supreme Court
  • U.S. Patent and Trademark Office

Education

  • George Mason University School of Law
    J.D., Intellectual Property Track
  • University of Pennsylvania
    M.B.E, Bioethics
  • College of William & Mary
    B.S., Chemistry

Judicial Clerkships & Internships

Antigone worked for the Honorable Kimberly Moore at the U.S. Court of Appeals for the Federal Circuit and former Chief Administrative Law Judge Paul Luckern at the U.S. International Trade Commission.