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Intellectual Property Litigation

Kasowitz's Intellectual Property Practice 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.  We represent industry-leading clients in district courts throughout the country, as well as in appeals before the Federal Circuit and in matters before the United States International Trade Commission, Board of Patent Appeals & Interferences, the Trademark Trial & Appeal Board, and the U.S. Court of Appeals for the Federal Circuit.

Our intellectual property lawyers have advanced technological 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, our attorneys are acutely aware of the critical need to prepare cases to ensure, should they end up in trial, the presentation of 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, our intellectual property lawyers have been consistently recognized as leading attorneys by Chambers USA, Best Lawyers in America, and Super Lawyers.

Examples of our 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.  In the pharmaceuticals sector, our attorneys tried 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.  We 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.  Our attorneys are also defending Google on additional patent infringement matters concerning its search and caching technologies.
  • Dr. G. David Jang:  Successfully secured a jury trial verdict in favor of Dr. G. David Jang against medical device manufacturer Boston Scientific Corporation for infringing Dr. Jang’s patent on a stent he invented for treatment of certain atherosclerotic lesions and for breaching its contractual obligations to pay him royalties on its sales of the stent.  The royalties due to Dr. Jang, together with prejudgment interest, amount to more than $200 million.  The two-and-a-half-week trial in federal court in the Central District of California followed a successful appeal by Kasowitz, after replacing prior counsel in 2011, to the Federal Circuit Court of Appeals, which reversed the district court’s adverse claim construction ruling and remanded the action for trial.
  • 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.  Our attorneys 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.
  • Defended a leading Silicon Valley technology company in multiple patent infringement suits alleging infringement by its consumer products.
  • Oracle: Represented Oracle in a patent infringement action relating to its social networking software, and in a nine-patent case relating to cloud technologies.
  • Microsoft/Skype: Defended Skype and Microsoft against claims of patent infringement relating to peer-to-peer networking technology.
  • TransPerfect: Successfully represented TransPerfect Global, Inc., a privately held translation services company, in a trial of a patent infringement action in the Northern District of California against website translator MotionPoint Corp.  TransPerfect defended the suit against MotionPoint’s claims of patent infringement and counterclaimed based on its own patent.  The federal jury verdict found the three patents owned by MotionPoint to be invalid and not infringed by TransPerfect, and also found that MotionPoint had infringed TransPerfect’s valid patent.  The jury further awarded TransPerfect monetary damages and a 4% running royalty.
  • 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 Mallinckrodt, 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.

Highlights 

Legal 500 US 2016 Recommends Kasowitz's Intellectual Property Litigation Group

Legal 500 US 2016 has again recommended Kasowitz, highlighting the firm as providing the most cutting edge and innovative advise to corporate counsel nationwide. To read more, please click here.


Partner Jonathan Waldrop Initiated as Litigation Counsel of America Fellow

Intellectual Property Litigation partner Jonathan K. Waldrop was initiated as a Litigation Counsel of America fellow, a highly selective, invitation-only trial lawyer honorary society.  To read more, please click here.


Partner Jeffrey Toney Awarded Georgia IP Litigator of the Year

Intellecual Property litigator Jeffrey J. Toney was named "Georgia IP Litigator of the Year" by Managing Intellectual Property.  To read more, please click here.