With 35 intellectual property trial attorneys, 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 amassed an extraordinary track record representing 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 Northern, Central and Southern Districts of California, the Eastern District of Virginia, the District of Delaware, the Eastern District of Pennsylvania, the District of New Jersey, the Southern District of New York, the Northern District of Georgia, the Northern District of Illinois, the Eastern District of Texas, and the Southern District of Florida.
Many of the firm's intellectual property lawyers have advanced technical and scientific degrees, and have the technical skills to handle the most 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, The Legal 500, Daily Journal, Silicon Valley Business Journal, and Super Lawyers, and recently received the Burton Award for Legal Achievement.
In the computer science and electrical areas, for example, the firm’s intellectual property lawyers have represented some of the largest internet search and technology companies in the world in some of biggest and most complex matters in the country. In pharmaceuticals, in the last five years alone, the firm’s intellectual property lawyers have tried five patent Hatch-Waxman cases to judgment. The annual value of the markets involved collectively have 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.
- 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 is representing Hitachi in the appeal before the Federal Circuit.
- Yahoo!: Obtained summary judgment of invalidity in the Eastern District of Texas for Yahoo! against Paid Search Engine Tools, which alleged patent infringement by Yahoo!’s internet advertising technologies. Representing Yahoo! in the appeal of that victory, as well as in two matters in the District of Delaware against Walker Digital concerning internet advertising and game technologies and in another matter in the Northern District of California in a case involving digital rights management technology.
- Skype: Defending Skype against Eidos in the District of Delaware related to claims of patent infringement by Skype's VoIP, voicemail, SMS texting, and instant messaging
technologies.
- TransPerfect: Representing TransPerfect against MotionPoint in an infringement action involving eight web translation patents.
- 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.
- Conductus: The firm obtained a jury verdict and judgment finding invalid and unenforceable a patent held by ISCO International involving cellular technology.
- 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.
- Perkin-Elmer: After a three-week trial, the firm obtained a defense verdict for Perkin-Elmer in an action filed by TA Instruments alleging patent infringement involving temperature modulated differential scanning calorimetry.
- 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.
- Covidien, 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.