Patent Litigation

• Greatbatch Ltd. v. AVX Corp. et al. (U.S. District Court, D. Del. and U.S. Court of Appeals, Federal Circuit): Represented patent owner in patent infringement action over key components for pacemakers and implantable defibrillators. Jury verdicts found infringement of three U.S. Patents and awarded lost profits and price erosion. Judgment on the jury verdict exceeded $27 million in damages. The judgment was affirmed by the Federal Circuit Court of Appeals.
• MAX International Converters, Inc. v. Iconex, LLC (U.S. Dist. Court, D. Del.): Counsel in patent infringement action relating to repositionable linerless labels.
• Arbitration proceeding (AAA): Trial counsel in confidential arbitration over breach of settlement agreement and patent infringement.
• NuClimate v. Airtex (U.S. Court of Appeals, Federal Circuit 2012): Successfully defended judgment of non-infringement on appeal.
• Izzo Golf, Inc. v. King Par Golf, Inc. (U.S. District Court, WDNY 2010): Plaintiff's counsel in a patent infringement action resulting in a jury verdict of over $3 million and finding of willful infringement.
• Eastman Kodak v. Apple, Inc. (U.S. District Court, WDNY; 2010): Co-counsel for Kodak in claims for infringement by Apple products of Kodak digital still camera and software architecture patents.
• Redcom Laboratories, Inc. v. Cisco Systems, Inc. (U. S. District Court, WDNY; 2006): Counsel in patent infringement case involving telephone switching equipment; multimillion-dollar settlement obtained after Markman ruling.
• Honeywell vs. Eastman Kodak (U.S. District Court; 2005): Defense of Kodak in patent infringement dispute involving liquid crystal displays for digital still cameras.
• Amesbury Products v. Caldwell Manufacturing: Defense counsel in a patent infringement suit involving patents for window hardware balances.
• Neutrik AG v. Switchcraft (U.S. Court of Appeals, Federal Circuit): Appeal of a grant of summary judgment on non-infringement.

Additional Trial Experience

• Trafalgar Power v. Stetson-Harza (U.S. District Court and U.S. Court of Appeals, Second Circuit): Part of team of Harris Beach Murtha attorneys who obtained and defended on appeal a plaintiff’s jury verdict of $11.1 million in an engineering malpractice action.
• Jackson v. Guardsmark (Supreme Court Monroe County): Lead trial counsel where no-cause verdict was obtained in alleged toxic exposure case after trial lasting more than two weeks.
• In the Matter of JPMorgan Chase (Monroe Co. Surrogate's Court): Two-week trial representing JPMorgan in contested trust accounting matter regarding claim of negligent retention of securities. Judgment unanimously reversed on appeal in client’s favor.
• In the Matter of JPMorgan Chase (Westchester Co. Surrogate's Court): Represented JPMorgan in contested trust accounting matter regarding claim of negligent retention of securities in a trial lasting more than two weeks.
• In the Matter of JPMorgan Chase (Monroe County Surrogate’s Court): Obtained $300,000 award of fees for trust fiduciary resulting from successful defense of surcharge proceeding.

Patent Prosecution

• Prepared and prosecuted patents for cancer immunotherapies, peptides, medical devices, optical parts, and catalysts, among other technologies.
• Participated in post-issuance proceedings, including PTAB and ex parte reexamination proceedings.
• Provided freedom to operate and non-infringement opinions in the chemical field.

Trademark Prosecution and Enforcement

• Conduct trademark searches and product clearances.
• File and prosecute trademark applications, both domestic and international.
• Coordinate foreign associates’ prosecution of trademarks filed directly or under the Madrid protocol.
• Advertising, marketing and copyright clearance and counseling.
• IP due diligence/M&A support.
• Trademark opposition and cancellation proceedings before the Trademark Trial and Appeal Board.
• Trademark and trade dress litigation in state and federal court.