Kasowitz's intellectual property group has extensive experience in all aspects of patent, trademark, trade secret, false advertising, copyright, right of publicity, and related antitrust and unfair competition litigation. The team has represented industry-leading clients in district courts throughout the country, as well as on appeal before the Federal Circuit and in matters before the United States International Trade Commission, Board of Patent Appeals & Interferences, and the Trademark Trial & Appeal Board. In particular, the firm’s intellectual property attorneys have a wealth of experience in the Eastern District of Texas, the District of Delaware, the Eastern District of Virginia, the Southern District of New York, the Eastern District of Pennsylvania, the Northern District of Illinois, the Southern District of Florida, the Northern and Central Districts of California, the District of New Jersey, and the Northern District of Georgia.
Many of the firm’s intellectual property lawyers have advanced technical and scientific degrees, possessing the technical skills necessary to handle complex cases involving a vast range of technologies including computer software and hardware, internet technologies, medical imaging and surgical devices, telecommunications, semiconductors, financial services, e-commerce, pharmaceuticals including Hatch-Waxman litigation, biotechnology, chemical processes, manufacturing processes, consumer products, and others.
Coupled with this technical pedigree, the group’s attorneys are acutely aware of the critical need to prepare cases to ensure that, should they end up in trial, the attorneys can present a powerful narrative that is accessible to a lay jury. As a result of this unique blend of legal talent, outstanding technical foundations, and battle-hardened trial experience, the firm's intellectual property lawyers have been consistently recognized as leading attorneys by Chambers USA, Best Lawyers in America, and Super Lawyers.
Examples of the firm's experience include, in the computer science area, representations of some of the largest international internet search and technology companies in the world in some of the most complex matters in the country and, in the pharmaceuticals area, trying six patent Hatch-Waxman cases to judgment in the last seven years alone. The annual value of the markets involved collectively exceeded $5 billion.
Notable representations include:
- Google, Inc.: Lead trial counsel for Google and YouTube in the Eastern District of Texas (Tyler) in a patent infringement action brought by Eolas and the University of California. Achieved a jury verdict of patent invalidity on behalf of Google, YouTube, and the joint defense group, defeating claims for hundreds of millions of dollars in damages as well as injunctive relief against interactive web pages. The firm is also defending Google on additional patent infringement matters concerning its search and caching technologies.
- Hitachi Global Storage Technologies: Obtained summary judgment for Hitachi and against M.I.T. and MagSil in the District of Delaware in 2011 by invalidating M.I.T.’s patent, after all of the other major players in the disk drive industry had paid tens of millions of dollars for licenses. The firm also represented Hitachi in the appeal to the Federal Circuit and again prevailed, defeating the appeal and preserving the district court’s summary judgment.
- Yahoo!: Defended Yahoo! against two matters in the District of Delaware against Walker Digital concerning internet advertising and game technologies.
- Apple: Defending Apple in multiple patent infringement suits alleging infringement by its iTunes, Mac, iPod, and iPad technologies.
- Oracle: Representing Oracle in a patent infringement action relating to its social networking software, and in a nine patent case relating to cloud technologies.
- Microsoft/Skype: Defending Skype and Microsoft against claims of patent infringement relating to peer-to-peer networking technology.
- TransPerfect: Representing TransPerfect against MotionPoint in an infringement action involving eight web translation patents.
- Dr. G. David Jang: Retained following an adverse judgment in the district court, Kasowitz won a Federal Circuit appeal, reversing the district court’s decision and reviving Dr. Jang’s claims. Dr. Jang seeks $100 million in compensation from Boston Scientific for its use of his patented cardiovascular stent designs. The firm now represents Dr. Jang in the soon-to-be reinstituted district court litigation.
- Adelphia Communications Corporation: Defended Adelphia in a multi-district patent infringement litigation over the provision of high-speed internet services via cable modems. After the completion of discovery and the submission of expert reports, the plaintiff Rembrandt dismissed its case against Adelphia, resulting in no liability for Adelphia and the release of a $35 million reserve established by the bankruptcy court to pay any judgment won by Rembrandt.
- Liggett: Defended Liggett in a trademark infringement litigation brought by Lorillard in the Middle District of North Carolina. The case was settled on favorable terms shortly before trial.
- Purolite: Obtained $38 million for Purolite in its action for trade secret misappropriation against a competitor, Thermax, relating to stolen manufacturing formulae.
- Shaklee Corp.: Represented Shaklee in patent infringement litigation against Masimo Corp. regarding pulse oximetry technology in the Central District of California.
- Watson Pharmaceuticals, Inc.: Representing Watson Pharmaceuticals in Hatch-Waxman patent litigations relating to a number of drugs, including Ultracet®, Aplenzin®, Renvela®, Intuniv®, and WelChol® in the District of Delaware, the District of New Jersey, the Southern District of Florida, and the Northern District of California.
- Mallinckrodt, formerly Tyco Healthcare: Representing Covidien, one of the world’s leading developers of pain management medications, in a number of Hatch-Waxman matters, and providing litigation and strategic counseling.
- United Promotions, Inc. and Promotoras Unidas Ltda.: Representing multi-national specialty chemicals companies in trade secret and other intellectual property matters.
- Healthier Choice: Representing Healthier Choice, one of the country’s leading “green” carpet cushion and acoustics companies, in patent, trademark, and trade dress infringement matters.