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The Intellectual Property Litigation attorneys at Lowenstein Sandler understand how innovation and creativity influence businesses today. Valued for providing strategic advice from a legal perspective, our lawyers help clients navigate business relationships, opportunities, and liability. When disputes arise concerning patents, trademarks, copyrights, trade secrets, or other types of intellectual property, Lowenstein Sandler is a powerful and steady-handed partner, measuring our strength in the courtroom against alternative solutions that best serve our clients' goals and interests.
As noted by Chambers USA, our team "impresses clients with a creative approach ... accessibility and diligence." We consider how each legal matter is aligned with corporate strategy, knowing that the costs of winning a case can sometimes exceed the benefits of an amicable resolution. We have successfully litigated many types of cases to completion, including licensing disputes; patent, trademark, trade secret, and copyright infringements; disputes regarding IT projects; and patent reexaminations, trademark oppositions, and cancellation proceedings in the U.S. Patent and Trademark Office.
As an Intellectual Property Law firm we run lean, multidisciplinary teams with experience across several industries, products, and services. Many of our clients are on the leading edge of technology, including businesses in biotech and life sciences, semiconductor and LED technologies, biometrics, and software. Our patent prosecutors hold degrees in physics, chemistry, biology, electrical engineering, and mathematics, allowing key insights into the processes that create virtually every imaginable product and patentable method or process. We counsel businesses in media and safeguard the rights of professional authors, artists, and other creatives, including inventors. We provide a full range of trademark and trademark-related services to ensure the protection of valuable client products, services, and business names, symbols, slogans, domain names, and trade dress.
The IP Litigation team integrates the work of complementary practices at the firm to best serve a business. By working with colleagues focused on transactions or financing, for example, we are empowered to lend a dealmaker's perspective to litigation and a litigator's perspective to making deals. In every representation, our lawyers offer comprehensive counsel, protection, and strategic legal guidance.
Represented a leading public university in defending an antitrust, RICO, and declaratory judgment action in which plaintiff alleged that the university had fraudulently obtained certain patents and entered into exclusive license agreements premised on those patents. Motion to dismiss granted.
Defended Rutgers University in a patent and antitrust matter in which a terminated patent licensee sued Rutgers to invalidate 24 of Rutgers' patents, and asserted antitrust and RICO claims based on alleged anticompetitive licensing practices and unlawful enforcement of invalid patents. Case was dismissed in a published decision, Jersey Asparagus Farms, Inc. v. Rutgers Univ., 803 F. Supp. 2d 295 (D.N.J. 2011), which was not appealed.
Prevailed at jury trial in obtaining for Joyal Products an $18 million judgment of patent infringement against a Chinese motor manufacturer; after successfully defending an appeal of the judgment before the Federal Circuit, settled for more than the amount of the judgment.
Achieved a favorable ruling for Rutgers University against Scan-Tech following a nine-week bench trial in which the court ruled in favor of Rutgers' claim for money damages and dismissed the defendant's counterclaim for the misappropriation of trade secrets related to cutting-edge X-ray technologies that are now used in airports.
Successfully defended a subsidiary of Warner Music Group against copyright, trademark, and breach of license agreement claims brought by the Estate of Frank Zappa relating to digital distribution rights; obtained summary judgment on counterclaims finding that the plaintiff had infringed the record label's rights, which led to a settlement.
Litigated and settled numerous cases on behalf of many clients in patent infringement litigations brought by non-practicing patent-holding corporations throughout the U.S.
Represented Rutgers University for many years in disputes with licensees of Rutgers' patent rights.
Successfully defended the estate of the deceased inventor of the popular Super Soaker water gun against claims of theft of ideas and trade secret misappropriation, obtaining summary judgment dismissing all claims against our client.
Successfully defended retailer Daffy's against trademark infringement and counterfeiting claims by Gucci. After a bench trial finding Daffy's to be an innocent infringer and denying Gucci's requests for an accounting of profits, a recall, and a permanent injunction, successfully defended the judgment on appeal, reported at Gucci America, Inc. v. Daffy's, Inc., 354 F.3d 258 (3d Cir. 2003).
Prevailed for Joyal Products following a 50-day hearing in an AAA international arbitration. The panel ruled that the respondent violated a trade secret and know-how license that Joyal granted to Axis, an Italian company, in connection with Axis's purchase of commutator fusing machines for incorporation in the automated assembly machinery that it manufactured.
Prevailed in a jury trial on Joyal Products's patent infringement claim against Johnson Electric Company, including willful infringement, resulting in the court awarding all our attorneys' fees and trebling the jury verdict.
Settled a bitterly fought patent case for Dicar after defeating Stafford Products Inc.'s antitrust claims.
Coordinating the litigation defense of a $150 million copyright claim brought against SNL Financial in New Jersey federal court.
Successfully represented a record label in a case involving copyright and trademark infringement, breach of contract, and related claims brought by a major recording artist. The case settled favorably for our client.
David Leit is interviewed by Financial Planning in an article about FinancialApps’ suit against former partner Envestnet|Yodlee for fraud and misappropriation of trade secrets. He comments on the lack of specific breach of contract claims and reliance on alleged statements made outside of the agreement’s contracts: “The problem with these kinds of cases is that you have to prove that the defendant was lying or defrauding at the time they started working with the plaintiff. … If the defendant can show that either it never made such promises, or that whatever promises it made at the time were genuine, that is a strong defense.” Leit observes that FinApps must prove that the code it provided Evestnet constituted a trade secret: “The formula for Coke may be a trade secret, but if I come up with my own formulation for a drink that tastes just like Coke, that isn’t trade secret misappropriation.” He also remarks that hiring President Donald J. Trump’s personal attorney, Marc Kasowitz, indicates that FinApps is pursuing a “bet the company” strategy.
Stephen R. Buckingham secured a preliminary injunction which stopped a U.S.-based film distributor from selling video recordings of the plays performed by or using trademarks belonging to The Shakespeare Globe Trust, which owns and operates the Globe Theatre, as reported by Law360. The Globe Theatre was originally was built in 1599 and served as the home of William Shakespeare and his acting company; it was revived centuries later with the establishment of the Shakespeare Globe Trust in 1970. (subscription required to access article)
Lowenstein Sandler was featured prominently in Diversity in Action magazine in a piece focused on opportunities in tech law for diverse people with backgrounds in STEM. Madhumita Datta, Ph.D., discusses her transition from engineer to patent agent to intellectual property lawyer, finding satisfaction in working with inventors by “giving voice to their invention, protecting their legal rights, and bringing their inventions closer to market.” Kathleen A. McGee considers lawyers working the area of tech law “to be some of the luckiest because we get to shape the law in the way that very few practices do.”
The article also highlights the work of Ed Zimmerman, Chair of Lowenstein’s Tech Group, on behalf of LGBTQ rights and against gender bias in the tech field. Ed comments on how recent law school graduates are attracted to tech law because “they grew up in the space and are early adopters.” A. Faith English, the firm’s Manager, Diversity & Inclusion, adds that her early experiences in private practice, public policy, and social justice have enhanced her ability to develop successful diversity initiatives, remarking on the importance of “having someone who looks like you at the power table.”
The PE Hub Network, The Deal, and Law360 (December 12, 2018; January 24, 2019) note Lowenstein Sandler as lead counsel to Cerberus Capital Management, L.P. in its acquisition of Sparton Corporation (NYSE: SPA). (Lowenstein deal team: Marita A. Makinen, Robert G. Minion, Jeffrey Blumenfeld, Mary J. Hildebrand, Nicholas G. Mehler, Christine Osvald-Mruz, Matt Savare, Jeffrey M. Shapiro, James C. Shehan, Michael Walutes, Jack Sidorov, Norman W. Spindel, Stuart S. Yusem, Manali Joglekar, Sabrina Cua, Allison Gabala, Megan Monson, Alex H. Rosenthal, Bryan Sterba, Matthew Tippy, Lauren E. Killeen, and Lauren M. Troeller.) (subscription required to view certain content) View Lowenstein’s news announcement about this transaction.
American Banker and PYMNTS.com quote Mark P. Kesslen in an article discussing USAA’s patent infringement lawsuit against Wells Fargo. In both articles, Kesslen notes that this is likely the first time one bank has sued another for patent infringement. In American Banker, he indicates that the suit may pressure other banks to reach a quicker resolution with USAA. (subscription required to access American Banker)
Law360 quotes Mark P. Kesslen on obviousness as a barrier to patentability in an article exploring hurdles to securing patents related to distributed ledger technology and blockchain.
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