Cozen O’Connor: Intellectual Property Litigation

Intellectual Property Litigation

Recent News:

Cozen O’Connor Recognized As a Best Law Firm in 25 Practice Areas Nationwide, 106 Practice Areas Regionally

The U.S. News – Best Lawyers “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations and peer review from leading attorneys in their field.

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Cozen O’Connor’s intellectual property litigators practice at the cutting edge of both law and science. We represent a range of companies, from small startups to multinational blue chips, that work in many sectors, including pharmaceuticals, biotech, industrial science, engineering, defense, computer software, finance, education, manufacturing, telecommunications, managed services, retail, arts and sports. Our attorneys handle high-stakes disputes over patents, copyrights, trademarks and trade secrets and routinely appear before federal and state courts, government agencies, and arbitration panels.

With the hiring of additional IP litigators in recent years, Cozen O’Connor has positioned itself as one of the nation’s leading advocates for generic pharmaceutical companies. Our group is a recognized leader in Hatch-Waxman litigation and has successfully tried these matters in jurisdictions throughout the country.

In most IP disputes, the concepts at issue are highly technical. It is essential that IP counsel have the requisite scientific training to understand those issues thoroughly and communicate with clients at a sophisticated level. More than half of our team holds advanced degrees in the natural sciences and nearly all have experience as research scientists in industry or academia. Our attorneys have worked at pharmaceutical companies and research universities, and have published work in top scientific journals. 

Most importantly, our attorneys are capable of distilling complicated information to its essence for judges and juries. We know the key to winning a patent claim is to make the science clear and comprehensible.

At Cozen O’Connor, we combine scientific ability with legal prowess. As one of the best trial firms in the country, our experienced team of litigators includes some attorneys who have been trying cases for more than 30 years. With experience comes the ability to quickly identify the issues on which a client can ultimately prevail and develop an effective legal strategy around those issues. We are fully prepared to take the largest and most complex IP litigations to trial, but recognize when mediation or settlement will better serve a client’s interests. Our prescient legal analysis, insight into the thinking of fact finders and opponents, and calm under pressure serve clients equally well in the courtroom and the conference room.

Intellectual Property Appeals

Appeals constitute a unique subfield in IP litigation. Most IP matters are heard by the U.S. Federal Circuit Court of Appeals, the only circuit court in the country whose jurisdiction is determined by topic rather than geography. Because it is such a specialized court, clients need counsel who are deeply familiar with the institution and its judges, fluent in its vernacular, and capable of serving as both interpreter and guide.

Cozen O’Connor’s appellate attorneys have been successfully arguing cases before the Federal Circuit for decades — and have experience taking high-profile IP matters to the court both as private practitioners and lead government counsel. In addition to filing appeals, members of the IP group are often retained to advise clients on appellate issues during trial and post-trial proceedings. They analyze lower court rulings, guide trial attorneys on how best to present and preserve potential appellate issues, and assess the likelihood of appellate success. They also regularly draft amicus curiae briefs.

Our work at the Federal Circuit is part of a broader, sophisticated appellate practice. Cozen O’Connor’s appellate team includes more than 50 attorneys around the country with post-trial experience. They have collectively handled hundreds of appellate matters in courts across the country, served in prestigious judicial clerkships (including at the U.S. Supreme Court), authored law review articles, and served on law review editorial boards.

One thing that distinguishes Cozen O’Connor’s IP appellate practice is the amount of in-house legal experience we bring to the table. The team includes several former industry and government general counsels. During their tenures as senior in-house counsel, these attorneys oversaw hundreds of IP appellate matters — experience that critically informs the firm’s work today. It gives us tremendous insight into the needs and expectations of clients and allows us to communicate effectively about the hard business decisions that attend every piece of IP litigation.

SERVICE AREAS

  • Represent clients in patent, trademark, trade dress, or copyright infringement and dilution claims
  • Handle inter partes review and post grant review
  • Police and protect propriety marks and domain names worldwide
  • Obtain compensation for creators when work is copied without consent
  • Secure injunctions against the copying of works; conversely, defend rights of fair use
  • Represent clients in disputes under license, joint development and assignment agreements
  • Enjoin terminated distributors or franchisees from continuing to utilize trade name or marks
  • Handle claims regarding the misappropriation of ideas or trade secrets
  • Seize or block the importation of knock-offs or pirated goods; pursue counterfeiting violations
  • Lead Hatch-Waxman Act litigation for generic pharmaceuticals
  • Monitor and manage appellate issues during trial and post-trial proceedings
  • Argue intellectual property cases before the U.S. Federal Circuit Court of Appeals

Experience

Publications

Right of Publicity and Fair Use: Sure to Raise Eyebrows [New York Law Journal]

August 23, 2019

Edward Weisz and Brianne Polito wrote about companies using the name of a celebrity as a tie-in to a product seeking to connote a celebrity's characteristic or feature.

When Does Early Mediation Work? Certain Cases Are Right for It [Daily Business Review]

March 25, 2019

Thomas Dye discussed how Florida courts generally require mediation prior to a specified time before trial.

Fair Use And Other Foibles

January 15, 2019

Samuel Lewis, a member of Cozen O'Connor's Intellectual Property department, wrote in Digital Photo Pro about the use of copied photos.

Is Your Agent Really Your Agent?

October 02, 2018

Samuel Lewis, a member of Cozen O'Connor's Intellectual Property department, wrote in Digital Photo Pro about agents and stock photo agencies.

Increasing Scrutiny on Franchise “No Poach” Clauses [Intellectual Property Alert]

August 22, 2018

Tom Dye discusses the increasing momentum in the ranks of legislators, the U.S. Department of Justice, and state attorneys generals to investigate and take action against companies who enter into agreements between two or more employers not to hire the other’s employees.

Attorney-Client Privilege Can Protect Multi-Purpose Corporate Communications [Intellectual Property Alert]

July 05, 2018

Martin B. Pavane and Darren S. Mogil discuss the Court of Appeals for the District of Columbia Circuit's decision in the Court of Appeals for the District of Columbia Circuit, Federal Trade Commission v. Boehringer Ingelheim Pharmaceuticals, Inc.

“Legitimate Business Interests” Justifying Non-Competes Are Not Limited to those Listed in Statute [Intellectual Property Alert]

October 17, 2017

Thomas Dye discusses Restrictive covenants in an employment contract and what employers and employees should know about the laws that govern their agreements.

Storytelling in the Complex Case [Daily Business Review]

July 12, 2017

Tom Dye, a member of Cozen O'Connor's Intellectual Property Department, discusses storytelling in the complex case in the Daily Business Review.

Trade Secrets Act Provides Muscle to Address Data Theft

May 06, 2016

Thomas Dye, a member of Cozen O’Connor’s Intellectual Property Litigation group, discusses the new Defend Trade Secrets Act.

Defending Your Copyright Could Cost You [Digital Photo Pro]

April 14, 2016

Samuel A. Lewis discusses how a recent court decision may impact copyright owners who send Digital Millennium Copyright Act takedown notices.

Apple Encryption Order Raises Constitutional Concerns [Daily Business Review]

February 23, 2016

Samuel A. Lewis discusses an order requiring Apple Inc. to produce a hackable version of its smart phone operating system.

The Transforming Nature of Fair Use [Digital Photo Pro]

November 05, 2015

Samuel A. Lewis, a member of Cozen O’Connor’s Intellectual Property department, discusses the potential pitfalls of the fair use concept.

U.S. Implements New Treaty, Streamlines Foreign Industrial Design Protection

October 27, 2015

Rob Weaver discusses the impact of the Hague Agreement for U.S. design patents in Apparel Magazine.

Will the Inventor of the Handheld Cash Register Ever Cash-In? [Inventors Digest]

December 15, 2014

Aaron Lukas, an associate in Cozen O'Connor's Intellectual Property Department, authored an article for Inventors Digest titled ‘Will the Inventor of the Handheld Cash Register Ever Cash-In?’ The article addresses recent rulings in cases involving CardSoft and Teva and changes to how patent validity is decided in patent litigation cases.

Disclosure of Trade Secrets in Trade-Secret Litigation: A Frequent Catch-22 [ABA Section of Litigation]

May 19, 2014

Aaron Krauss, member of the Philadelphia office’s litigation department, wrote an article for americanbar.org, detailing the difficulties of safeguarding trade secrets in the modern era, and in the event that a client’s trade secrets are exposed, how to defend them in court.

ESI: My Amex! Litigators and Clients Must Work Together to Reduce E-Discovery Costs [Westlaw Journal Computer & Internet]

May 19, 2014

Chad Stouffer and Aaron Lukas, associates in Cozen O'Connor's Intellectual Property Department, discuss various e-discovery solutions and how to implement a cost-effective discovery strategy.

Zombie Killers: How Microsoft Uses IP to Fight Cybercrime [Intellectual Property Magazine]

April 07, 2014

Camille Miller, co-chair of the Intellectual Property Department, and Chanel Lattimer, associate in the Intellectual Property Department, discuss how Microsoft has received mixed reactions in their efforts to fight online fraud.

Promotional Benefits Or Rights Grab? [Digital Photo Pro]

February 12, 2014

Samuel A. Lewis, a member of Cozen O’Connor’s Intellectual Property Litigation group, discusses the potential pitfalls of posting photographs on social media.

Pay Attention to the Details [Digital Photo Pro]

October 07, 2013

Samuel A. Lewis discusses the importance of reading license agreements online before accepting the terms.

Facebook v. Typosquatters: Statutory Damages Under Anticybersquatting Consumer [Intellectual Property Alert]

May 14, 2013

Magistrate Judge Westmore recommended that the U.S. District Court for Northern California award Facebook $2.8 million in damages from typosquatters under the Anticybersquatting Consumer Protection Act (ACPA). Facebook v. Cyber2Media, Inc. et al., Case No. 4:11-cv-03619, (N.D.Ca., April 30, 2013).

Patent Law and Uneasy Compromises at the U.S. Supreme Court [The Legal Intelligencer]

May 09, 2013

At oral argument in Association for Molecular Pathology v. Myriad Genetics, the U.S. Supreme Court recently grappled with the question of whether human genes are patentable. Justice Stephen Breyer seemed to capture the justices' sentiment in the lively argument session: "The patent law is filled with uneasy compromises." The compromises that the justices choose will affect the future work of the U.S. Patent and Trademark Office (PTO) and shape the path of genetic research in the future.

Design Patents and Clothing: Fashion Forward or Passing Fad?

May 08, 2013

Rob Weaver discusses the intellectual property rights related to fashion and clothing design in Daily Business Review.

Click On The Dotted Line [Digital Photo Pro]

February 20, 2013

Samuel Lewis discusses the legal evolution of digital signatures and the implications for contracts.

Arbitration Friend or Foe? [Digital Photo Pro]

October 16, 2012

Samuel A. Lewis discusses the increasingly common use of alternative dispute resolution procedures like mediation and arbitration.

Summer 2012 [Business Law Observer]

July 01, 2012

This issue of the Business Law Observer covers several areas of business activity, anticipating problems, and how to deal with them before they become insurmountable, including: Venture Capital, Intellectual Property, Governmental Risks, China Practice and Public and Project Finance.

Stealing Inspiration [Digital Photo Pro]

June 12, 2012

Samuel A. Lewis discusses the artistic learning process and the distinction between inspiration, plagiarism and copyright infringement.

Laws In Collision [Digital Photo Pro]

April 19, 2012

Samuel A. Lewis discusses the “collision” of first amendment, fair use protection and trademark rights in a case regarding the rights of trademark owners.

Supreme Court Prometheus Decision On Patent-Eligible Subject Matter [Intellectual Property Group Alert!]

March 21, 2012

Supreme Court Prometheus Decision On Patent-Eligible Subject Matter - Intellectual Property Group Alert! - On March 20, 2012, the Supreme Court of the United States in Mayo Collaborative Services v. Prometheus Laboratories, Inc. held Prometheus' patent claims covering processes that help doctors determine whether a given dosage level of thiopurine drugs is too low or too high are not patentable and are invalid under 35 U.S.C. § 101, for “effectively
claim[ing] the underlying laws of nature themselves.”

The Stop Online Piracy Act and the High Seas of the Internet Age [The Legal Intelligencer]

February 15, 2012

The Stop Online Piracy Act and the High Seas of the Internet Age - The Legal Intelligencer -

The Fair Use Quandary [Digital Photo Pro]

December 14, 2011

Samuel A. Lewis discusses the dilemmas of fair use, which he describes as “one of the more difficult concepts in U.S. copyright law.”

Creative Anti-Counterfeiting: Solutions for Combatting Counterfeiting Online [ACC Docket: The Journal of the Association of Corporate Counsel]

November 01, 2011

Creative Anti-Counterfeiting: Solutions for Combatting Counterfeiting Online - ACC Docket: The Journal of the Association of Corporate Counsel - A recent study on Internet traffic reported that websites featuring pirated digital contents or counterfeit goods were visited 53 billion times last year, representing 146 million times every day, of which 87 million visits were to websites selling counterfeit goods, such as prescription drugs and luxury items. This article discusses ways brand owners can protect their intellectual property rights through monitoring, enforcement and preventive measures to combat online sales of...

Patent Pools, Patent Misuse and Antitrust Rule of Reason Analysis [The Legal Intelligencer]

November 02, 2010

Patent Pools, Patent Misuse and Antitrust Rule of Reason Analysis - The Legal Intelligencer - The Court of Appeals for the Federal Circuit (CAFC) recently decided a very important case at the intersection of patent and antitrust laws. It presented the question of whether it was "patent misuse" to tie together, for purposes of licensing, a group of the patents owned by different companies who were competitors.

Events & Seminars

Upcoming Events

Assessing and Calculating Trade Secret Damages in 2020: Tools, Techniques and Best Practices

May 05, 2020 - Webinar

Jim Gale will be presenting a webinar on trade secret damages.

Past Events

Bench & Bar Conference 2019

March 01, 2019 - Miami, FL

AIPLA 2018 Annual Meeting

October 25, 2018 - Washington D.C.

Legends of the Board Room

October 19, 2018 - Miami, FL

8th Annual IP Symposium

March 30, 2017 - Fort Lauderdale, FL

Inaugural Corporate Counsel Summit

February 24, 2017 - Coral Gables, FL

AIPLA Mid-Winter Institute

February 01, 2017 - Ft. Lauderdale, FL

6th Annual Summit on Biosimilars

June 01, 2015 - New York, NY

9th Annual Paragraph IV Disputes Conference

April 27, 2015 - New York, NY

Building Business Value Through IP Management

March 28, 2012 - Rancho Palos Verdes, CA

27th Annual Joint Patent Practice Seminar

April 27, 2011 - New York, NY

Drug Patent Settlements - Reverse Payments

March 21, 2011 - Camden, NJ

In The News

Cozen O’Connor Recognized As a Best Law Firm in 25 Practice Areas Nationwide, 106 Practice Areas Regionally

November 05, 2019

The U.S. News – Best Lawyers “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations and peer review from leading attorneys in their field.

Four Cozen O'Connor Attorneys Named Managing Intellectual Property IP Stars

October 15, 2019

Four members of Cozen O'Connor’s Intellectual Property Group, Frank Abramonte, Thomas Fisher, James Gale, and Hugh Marbury, have all been named IP Stars by Managing Intellectual Property.

Cozen O'Connor's Intellectual Property Department Continues to Rank Among Top Trademark Litigation Firms in the Country

October 08, 2018

Cozen O'Connor has been named among the top law firms for trademark litigation by Lex Machina in its intellectual property analytics for 2018.

Cozen O’Connor Welcomes Commercial Litigator Miguel Alexander Pozo to its Minneapolis Office

July 25, 2018

Pozo Further Strengthens the Firm’s Commercial, Employment and Trademark Litigation Bench

Rob Weaver Named President of the University of Miami's College of Engineering Alumni Association

July 23, 2018

A. Robert “Rob” Weaver, a registered patent attorney and Florida bar board certified specialist in intellectual property law with Cozen O’Connor’s Intellectual Property department, has been elected the president of the University of Miami’s College of Engineering Alumni Association (CoEAA).

Car Seat Maker Gets Attys’ Fees In Contract Dispute

May 31, 2018

Thomas Dye, a member of Cozen O'Connor's Intellectual Property Litigation group, led a Cozen O'Connor legal team in securing summary judgment for client, KidsEmbrace and then recovering an intermediate award of attorney’s fees $205,946.80 as the plaintiff refused an Offer of Settlement.

Washington, D.C. Super Lawyers Recognizes 15 Cozen O'Connor Attorneys

May 15, 2018

Fourteen Cozen O’Connor attorneys have been named 2018 Super Lawyers or Rising Stars by Super Lawyers Magazine Washington, D.C. edition, published by Thomson Reuters.

Cozen O'Connor Intellectual Property Attorneys Featured in IP Stars 2017

May 26, 2017

Six Cozen O'Connor Intellectual Property attorneys were featured in IP Stars 2017.

Cozen O’Connor Continues Expansion of Minneapolis Office with Two Intellectual Property Litigators

May 22, 2017

Cozen O’Connor has expanded its Intellectual Property Department in Minneapolis with the addition of two nationally recognized intellectual property litigators from the international law firm Norton Rose Fulbright: Erik Swenson and Patrick J. Gallagher.

11 Cozen O'Connor Attorneys Recognized as Washington, D.C. Super Lawyers and Rising Stars

May 15, 2017

Selection to Super Lawyers is based on peer nominations and evaluations are combined with independent research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement.

Judge Halts Seawall Construction at Singer Island Condo Tower

November 03, 2016

Simeon Brier, Matthew Criscuolo and Thomas Dye discuss an emergency motion filed to halt construction of a seawall behind their client’s condominium.

Sixty-Two Cozen O’Connor Lawyers Named to the Best Lawyers in America

August 15, 2016

Sixty-two Cozen O’Connor lawyers from 13 of the firm’s national offices have been selected for inclusion in the 2017 edition of The Best Lawyers in America.

Fed. Circ. Highlights Peril of Using ‘Common Sense’ at PTAB

August 15, 2016

James Gale discusses a recent Federal Circuit decision that faults the Patent Trial and Appeal Board for using the expression “common sense” in patent law.

Cozen O’Connor Finalizes Addition of Intellectual Property Lawyers from Nationally Recognized IP Powerhouse, Feldman Gale, P.A.

June 27, 2016

The addition continues the firm’s growth in South Florida and California and brings substantial intellectual property strength in areas such as patent procurement, opinion work, and patent litigation in both federal courts and the U.S. Patent and Trademark Office, trademark procurement and litigation, non-compete litigation, information technology law, trade secrets, copyrights and business litigation.

Cozen O’Connor Grows South Florida and West Coast Presence with Addition of 14 Intellectual Property Lawyers from Nationally Recognized IP Powerhouse, Feldman Gale, P.A.

June 02, 2016

The transaction will boost the expansion of Cozen O'Connor’s Intellectual Property Department and continue the firm’s growth in South Florida and California.

Marilyn Neiman Quoted in Intellectual Property Watch Regarding Anti-Patent Troll Law

February 19, 2015

Marilyn Neiman, a member in the firm's Intellectual Property practice group, is quoted in Intellectual Property Watch in an article discussing the Innovation Act, and how this bill aimed at patent trolls would cause many changes to US patent law. Marilyn also discusses the effects this would have on patent litigation.

David Sunshine Discusses U.S. Supreme Court Case With Law360

January 26, 2015

In an article titled "Lawyers Weigh In On High Court Trademark Tacking Ruling," David Sunshine, a member of Cozen O'Connor's Intellectual Property Department, comments on the U.S. Supreme Court ruling in the Hana Financial Inc. v. Hana Bank case.

Contacts

James A. Gale

Co-Chair, Intellectual Property Litigation

jgale@cozen.com

(305) 358-1991

Barry P. Golob

Co-Chair, Intellectual Property Litigation

bgolob@cozen.com

(202) 912-4815

People

Related Practice Areas

Upcoming Event:

Assessing and Calculating Trade Secret Damages in 2020: Tools, Techniques and Best Practices

Webinar 05/05/2020

Jim Gale will be presenting a webinar on trade secret damages.

Event Details