Michael P. Kahn

Partner

  • JD, Fordham University Law School, 2001; Editor, Fordham Intellectual Property, Media and Entertainment Law Journal
  • BA (Philosophy & Science and Economics), University of Pennsylvania, 1998

Qualifications

  • New York

Court Admissions

  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York

Michael P. Kahn

Partner

Michael is an experienced trial lawyer who focuses his practice on patent and trade secret litigation and advising clients concerning intellectual property strategy. He is experienced in all aspects of intellectual property litigation, from discovery through trial and appeal. Michael’s litigation and trial experience spans a variety of technologies, including pharmaceuticals, medical devices, e-commerce, software, consumer products and electrical, chemical, computer science and mechanical engineering.

During law school, Michael was an intern for the Honorable Marjorie O. Rendell at the United States Court of Appeals for the Third Circuit.

Experience

  • Bayer HealthCare Pharmaceuticals, Inc. and Dow Pharmaceutical Sciences, Inc. v. River’s Edge Pharmaceuticals, LLC (N.D. Ga.): Currently represent plaintiffs in ANDA litigation concerning topical gel for the treatment of atopic dermatitis. Trial is scheduled for Spring 2014.
  • Intendis GmbH et al. v. Glenmark Generics Ltd et al. (D.Del.): Currently represent plaintiffs in ANDA litigation concerning medication used to treat rosacea, acne and other skin irritations.
  • TravelClick, Inc. v. Variant Holdings, LLC, et al. (W.D.Wis.); Variant Holdings, LLC, et al. v. TravelClick, Inc. (E.D.Tex): Represented TravelClick in a series of litigations on multiple fronts concerning internet booking engines and e-commerce. We settled the matters favorably for our client.
  • Novartis Vaccines and Diagnostics Inc. v. Wyeth Pharmaceuticals, Inc. (E.D. Tex.): Represented Pfizer in a patent infringement case concerning recombinant Factor VIII protein used to treat hemophilia A patients. We settled the matter favorably for our client.
  • SPRI Partners, LLC v. TravelClick, Inc. (N.D. Ill.): Represented TravelClick as lead counsel in a breach of contract/quasi-contract case concerning software and systems for TravelClick’s internet booking engine. We settled the matter favorably for our client.
  • Suzanne Jaffe Stillman v. Bayer HealthCare LLC, et al. (C.D. Cal.) Represented Bayer in a patent infringement action concerning dietary supplements containing fiber, water and “encapsulated” probiotics. The plaintiff voluntarily dismissed with prejudice all direct infringement claims after the court granted our motion to dismiss all claims for indirect infringement.
  • Roche Diagnostics Operations Inc. and Corange Int’l. Ltd. v. Nova Biomedical Corp., et al (D.Del.): Currently represent Nova in a patent infringement case involving two patents relating to blood glucose test strips asserted by Roche Diagnostics.
  • AstraZeneca LP et al. v. Breath Ltd., Apotex Corp and Apotex Inc., and Sandoz, Inc. (D.N.J.): Represented AstraZeneca in ANDA litigation and 7-week trial involving pediatric asthma drug, PULMICORT RESPULES®, and patents concerning methods of treatment and sterilized compositions. The case is currently on appeal before the Federal Circuit.
  • Merit Industries, Inc. v. JVL Corporation: Represented JVL over the course of a five-year case in which Merit alleged JVL’s entire product line infringed three Merit patents. A federal jury found that none of JVL’s current products infringed any Merit patent, invalidated many of the asserted claims and denied Merit’s demand for lost profits, awarding instead only a token sum (less than seven percent of what was sought) for reasonable royalties for infringement by a subset of JVL’s past products. 
  • Analog Devices, Inc. v. Linear Technology Corporation; Represented Linear Technology in a patent infringement action relating to various patents on analog integrated circuitry. Along with denying that it had infringed any of Analog’s three asserted patents, our client counterclaimed for patent infringement based on eight of Linear’s U.S. patents.  We settled the matter favorably for our client.
  • VLT, Inc. v. Lucent Technologies, Inc.: Represented Lucent in a patent infringement action concerning a patent related to voltage regulator circuits.  We settled the matter favorably for our client.

Awards

  • New York Super Lawyers – Rising Stars (2012-2013)
  • Immigration Equality – Safe Haven Award : recognized for excellence in pro bono representation (2013)

Insights

Publications

Presentations

  • Speaker, “Divided Infringement Update,” Ropes & Gray IPMC Financial Services Roundtable (April 7, 2014)
  • Presenter, “Addressing the Influx of NPE Litigation,” NYIPLA Patent CLE Seminar (January 16, 2014)
  • Presenter, “The Progression of Video Games into Interactive Social Media Outlets,” LSI Gamer Tech Law Seminar (October 7-8, 2013)
  • Presenter, “Patent Drafting and Prosecution: A Trial Lawyer’s Perspective,” Practicing Law Institute Fundamentals of Patent Prosecution 2013 (June 14, 2013)
  • Presenter, “Divided Infringement Update,” IPMC Financial Services Roundtable (April 11, 2012)