Stuart W. Yothers

Counsel

  • JD, cum laude, The Fordham Law Alumni Association Medal in Constitutional Law, Fordham University Law School, 2005; Staff Member, Fordham Intellectual Property Media and Entertainment Law Journal
  • BS (Civil Engineering), magna cum laude, Columbia University, 2001
  • BS (Physics), magna cum laude, Wofford College, 2001

Qualifications

  • New York, 2005
  • Massachusetts, 2005
  • U.S. Patent and Trademark Office

Court Admissions

  • Supreme Court of the United States
  • 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
  • U.S. District Court for the District of Massachusetts
  • U.S. Court of Appeals for the Second Circuit
  • American Bar Association
  • New York County Lawyers Association
  • New York Intellectual Property Law Association
  • New York State Bar Association
  • The Association of the Bar of the City of New York
  • Human Rights Campaign Greater New York Steering Committee (2006-present)
  • Lambda Legal Metro New York Leadership Committee (2011-present)
  • Society of Columbia Graduates (2011-present)

Stuart W. Yothers

Counsel

Stuart represents clients across a broad technical spectrum, including wireless communications, semiconductor manufacturing and pharmaceuticals. His practice focuses primarily on patent litigation -- ranging from pre-suit investigations to trial. Stuart has served as the senior associate on numerous cases, efficiently managing all aspects of fact and expert discovery, claim construction, summary judgment and trial. He has argued in court numerous discovery matters, claim construction and summary judgment – having successfully argued summary judgment in a federal employment discrimination case. His 10-plus years of experience also include intellectual property due diligence, drafting intellectual property licenses, and pursuing patent protection for clients.

Experience

  • Motorola Mobility, Inc. v. Microsoft Corporation, Civil Action No. 11-01408 (JLR) (W.D. Wa.),Microsoft Corporation v. Motorola, Inc. et al., Civil Action No. 10-01823 (JLR) (W.D. Wa.): represented Motorola in a multiple-patent dispute against Microsoft. 
  • Wi-LAN Inc. v. LG Electronics Mobilecomm U.S.A., Inc. et al., Civil Action No. 08-00247 (TJW) (E.D. Tx.): We represented LGEMU against Wi-LAN, a non-practicing entity, in a patent dispute involving IEEE 802.11 “WiFi” technology and CDMA2000 technology. The case was settled in January 2011.
  • Entegris, Inc. v. Pall Corporation, Civil Action Nos. 03-10392, 06-10601 and 06-11494 (GAO) (D. Mass.): We represented Entegris in a multi-patent dispute against its chief competitor related to a mechanism for the quick connection of filters employed in clean room fabrication plants. The case was settled in January 2011.
  • Steven D. Lukens v. Hillary Rodham Clinton, Civil Action No. 08-00243 (RMC) (D. D.C.): Stuart served as lead counsel in a disability-related employment discrimination action against the U.S. State Department’s Foreign Service. The case was settled in the spring of 2012.
  • Cancer Research Tech. Ltd. and Schering Corp. v. Barr Laboratories, Inc. et al., Civil Action No. 07-457 (SLR) (D. Del.): After a seven-day ANDA trial involving the patent covering TEMODAR®, which is the leading chemotherapy drug used in the treatment of glioma (a type of brain cancer), the District Court prevented Barr from entering the market pending appeal; the Federal Circuit confirmed the enforceability of the patent-in-suit on appeal.
  • Represented a medical device company before the Federal Circuit regarding the appeal of an interference proceeding related to pulse oximeter technology.

Awards

  • New York Metro Super Lawyers - Rising Stars (2012-2013)
  • Empire State Counsel (2012)

Insights

Presentations

  • Speaker, 30th Annual Joint Patent Practice Seminar (JPPCLE), "Supreme Court Standard for Awarding Attorney Fees – Highmark v. Allcare Health Management Systems, Inc., cert granted (2013); and Octane Fitness, LLC v. Icon Health & Fitness, cert granted (2013)," April 2014 
  • Speaker, "Ropes & Gray West Coast Lunchtime Legal Briefing Teleconference - Patent Litigation Before The ITC: Recent Developments And Trends," March 2013