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James Galbraith
Partner | New York
James Galbraith has more than 30 years experience in intellectual property litigation, including trials and appeals of patent, trademark and trade secret misappropriation cases. Mr. Galbraith's litigation practice includes a variety of technical areas. In patent litigation he has represented polymer manufacturers in cases involving plastics and catalysts, manufacturers of pharmaceuticals, agricultural chemical producers, and producers of computer products and components, including Agilent Technologies, Alliant Techsystems, Applera, Aristech Chemical, Bristol-Myers Squibb, Colgate, Hercules, Hewlett-Packard, Novartis, Syngenta, Teva Pharmaceuticals and Wyeth. Mr. Galbraith also counsels clients on intellectual property issues, including validity and infringement of intellectual property rights, and the transfer of intellectual property.
Active in bar associations, Mr. Galbraith is a member of the American Bar Association, the New York Intellectual Property Law Association and the Association of the Bar of the City of New York. He has served on the Committee on Patents of the City Bar Association and has contributed to the Association's official publication. Mr. Galbraith is an active lecturer before bar associations and industry groups on a variety of topics related to intellectual property litigation, and is a co-author of Patent Litigation, published by the Practising Law Institute.
Mr. Galbraith has argued a number of appeals before the United States Court of Appeals for the Federal Circuit, including the following:
J.P. Stevens & Co. v. Lex Tex Ltd., 887 F.2d 1047 (1984)
Joy Technologies, Inc. v. Flakt, Inc., 6 F.3d 770 (1993)
Ciba-Geigy Corp. v. Alza, Inc., 37 U.S.P.Q.2d 1337 (1995)
Eli Lilly and Co. v. American Cyanamid Co., 82 F.3d 1568 (1996)
Abbott Laboratories v. Geneva Pharmaceuticals, Inc., 104 F.3d 1305 (1997)
Studiengesellschaft Kohle mbH v. Hercules, Incorporated, 105 F.3d 629 (1997)
Phillips Petroleum Co. v. Huntsman Chemical Co., 157 F.3d 866 (1998)
Abbott Laboratories v. Geneva Pharmaceuticals, Inc., 182 F.3d 1315 (1999)
Merck & Co. v. Teva Pharmaceuticals USA, Inc., 347 F.3d 1367 (2003)
In re Curtis, 354 F.3d 1347 (2004)
Merck & Co. v. Teva Pharmaceuticals USA, Inc., 395 F.3d 1364 (2005)
Sicom Systems, Ltd. v. Agilent Technologies, Inc., 427 F.3d 971 (2005)
Abbott Laboratories v. Teva Pharmaceuticals USA, Inc., 452 F.3d 1331 (2006)
Leapfrog Enterprises, Inc. v. Fisher-Price, Inc., 485 F.3d 1157 (2007)
Representative trial experience includes:
Polaroid Corp. v. Eastman Kodak Co. (D. Mass. 1981)
Phillips Petroleum Co. v. United States Steel Co. (D. Del. 1986)
In re Certain Cefadroxil Monohydrate (U.S. International Trade Comm'n 1990)
Bristol-Myers Squibb Co. v. Kalipharma, Inc. (D.N.J. 1990)
Joy Technologies, Inc. v. Flakt, Inc. (D. Del. 1992)
Miles, Inc. v. Cookson Pigments, Inc. (Del. Chancery 1994)
Studiengesellschaft Kohle mbH v. Hercules, Incorporated (D. Del. 1994);
Eli Lilly and Co. v. American Cyanamid Co. (S.D. Ind. 1995)
AptarGroup, Inc. v. Summit Packaging Systems, Inc. (N.D. Ill. 1997)
Cordant Technologies, Inc. v. Alliant Techsystems, Inc. (D. Del. 1998).
Merck & Co. v. Teva Pharmaceuticals USA, Inc. (D. Del. 2001)
Applera Corp. v. Micromass U.K. Ltd. (D. Del. 2002)
Merck & Co. v. Teva Pharmaceuticals USA, Inc. (D. Del. 2003)
SmithKline Beecham, Inc. v. Teva Pharmaceuticals USA, Inc. (D.N.J. 2005)
Procter & Gamble Co. v. Teva Pharmaceuticals USA, Inc. (D. Del. 2006)
BAR AND COURT ADMISSIONS New York
Registered Patent Attorney: U.S. Patent and Trademark Office
U.S. Court of Appeals for the Federal Circuit
U.S. Court of Appeals for the Fifth Circuit
U.S. Court of Federal Claims
U.S. District Court for the Eastern District of New York
U.S. District Court for the Southern District of New York
U.S. District Court for the Western District of New York
U.S. Supreme Court
Professional Organizations
The American Bar Association; the New York Intellectual Property Law Association; the Association of the Bar of the City of New York. |
