Experience
Representative Experience:
Sheiner v. Supervalu (S.D.N.Y. 2024)
Successful defense of class action alleging deceptive practices involving labeling of lidocaine patch product. Motion to Dismiss granted.
Blue Spike v. Universal Music Group (C.D. Cal. 2024)
Successful defense of patent infringement claims relating to the encryption of digital content. Settlement following favorable claims construction ruling.
Surratt v. CVS Pharmacy (N.D. Ill. 2024)
Defended CVS in putative class action alleging deceptive practices involving labeling of infant formula. Motion to Dismiss granted.
Davis v. Ricola (N.D. Ill. 2024)
Defended Ricola against labeling claims on cough drops. Summary judgment granted following denial of motion for class certification.
Mobile Acuity v. Blippar Ltd. (C.D. Cal. 2022; aff’d Fed. Cir. 2024)
Represented leading augmented reality content creator in defense of patent infringement claims. Successfully invalidated asserted patents.
Swiatek v. CVS Pharmacy (N.D. Ill. 2024)
Successful defense of class action alleging deceptive practices involving labeling of dry mouth disc product. Motion to Dismiss granted.
Martelli v. Rite Aid Corp. (S.D.N.Y. 2023)
Successful defense of Rite Aid in claims arising from labeling of transition formula product. Motion to Dismiss granted.
Absorption Pharmaceuticals v. Reckitt (D.N.J. 2022)
Defended Reckitt against allegations of fraud and trade secret misappropriation relating to an OTC pharmaceutical product. Competitor claimed over $450 million dollars in damages. Following a four-week trial, the jury unanimously returned a verdict in favor of Reckitt on all claims asserted by Absorption.
Gordon v. Target Corp. (S.D.N.Y. 2022)
Defended Target in putative class action alleging deceptive practices involving the nutritional content of infant formula. Motion to Dismiss granted.
Alvogen v. Fera Pharmaceuticals (E.D.N.Y. 2021)
Successful defense of pharmaceutical manufacturer in claims arising out of asset purchase agreement involving ANDAs for five products. Motion to Dismiss granted in part.
Comfort v. Ricola (W.D.N.Y. 2020)
Defended Ricloa in putative class action alleging deceptive trade practices involving labeling claims. Motion to Dismiss granted in part.
PetIQ v. Merial (N.D. Ga. 2019)
Trial counsel to pet medicines company asserting breach of contract claims under a patent license agreement. Multimillion dollar verdict at jury trial.
DigiMedia v. Beasley Broadcasting, Inc. et al. (D. Del. 2018)
Represented iHeartMedia in a patent infringement suit relating to digital music broadcasting. Following entry of a stay pending outcome of reexamination proceedings in the USPTO, which resulted in substantial amendments to the patents, case dismissed with prejudice by Plaintiff.
First Manhattan Consulting v. Novantas (N.Y. Supreme 2017)
Member of trial team defending Novantas and its executives in competitor litigation seeking nearly $12 million in damages. Following a four day jury trial, secured a verdict finding no liability on contract and tortious interference claims sent to the jury, completed by a ruling from the court on claims for unfair competition and misappropriation of trade secrets.
Montobacco v. Marley Green (S.D.N.Y. 2017)
Defending MARLEY NATURAL brand in trademark and unfair competition litigation. Plaintiff’s preliminary injunction motion denied.
Nelson v. MillerCoors (E.D.N.Y. 2016)
Defended MillerCoors in putative class action alleging deceptive trade practices involving geographic designations used in beer labeling. Motion to Dismiss granted.
American Well v. Teladoc (D Mass. 2016; PTAB)
Successful defense of Teladoc, first and largest telehealth platform in the U.S., in computer systems patent litigation. Motion to dismiss granted invalidating asserted patent.
Merial v. FidoPharm (N.D. Ga. 2015)
Represented FidoPharm in false advertising litigation brought by Merial in connection with FRONTLINE pet care product. Defense of preliminary injunction motion allowed comparative claims to remain in the market.
Beastie Boys v. Monster Energy (S.D.N.Y. 2014)
Trial counsel to iconic hip-hop group in an eight-day trial. Obtained complete jury verdict on claims for copyright infringement and false endorsement.
Parallel Networks v. Abercrombie & Fitch et al. (E.D. Tex. 2014)
Represented Sony Electronics in patent infringement suit involving a method and apparatus for client-server communication. Won summary judgment of noninfringement following early claim construction.
G. Pohl-Boskamp v. Perrigo (D. Mass. 2013)
Lead counsel for Perrigo in trademark and trade dress litigation re NITROLINGUAL (nitroglycerin). Successful defense of preliminary injunction motion.
Bayer v. Sergeant's Pet Care (S.D.N.Y. 2013)
Lead counsel to Sergeant's in false advertising and unfair competition suit brought by Bayer Healthcare involving flea and tick control products. Settlement following expedited discovery and a three day evidentiary hearing on plaintiff's preliminary injunction motion, in which Court ruled for Sergeant's on 7 of the 8 advertising claims targeted by Bayer.
Imaginal Sys v. Leggett & Platt (C.D. Cal. 2012, aff’d Fed. Cir. 2013)
Trial counsel for Imaginal in patent litigation involving manufacture of box springs. Multimillion dollar verdict at jury trial affirmed on appeal.
CIF Licensing v. Lenovo Group (S.D.N.Y. 2011)
Represented Lenovo in patent infringement suit involving MPEG-2 digital video compression and transmission standards.
Cartier International AG v. Philippe's Watches (C.D. Cal. 2011)
Represented Cartier and Panarei in action against gray market retailer.
Cartier International AG v. American Exchange (S.D.N.Y. 2010)
Represented Cartier in trade dress and design patent infringement litigation resulting in destruction of watches, injunctive relief, and disgorgement of profits.
Rexall Sundown Inc. v. Perrigo (E.D.N.Y. 2010)
Lead trial counsel for Perrigo, a manufacturer of OTC pharmaceutical and nutritional products, in a four week false advertising jury trial involving glucosamine chondroitin dietary supplements. Jury verdict in Perrigo's favor on all claims asserted by Rexall, and awarding monetary damages against Rexall on Perrigo's counterclaims.
