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Experience:
Joseph Melnik’s practice includes assisting clients in developing and implementing strategies to protect and commercialize intellectual property rights, counseling clients on strategies to avoid infringing third-party intellectual property rights, and representing clients in patent infringement litigation in various federal courts and before the US International Trade Commission.
His clients include national and international businesses involved in the creation, use, commercialization, and enforcement of technology and intellectual property rights. He counsels clients in the software, information technology, financial, display technology, and mechanical fields, among others.
Notable Engagements:
Represented a leading credit card company in defending patent infringement claims regarding the use of security features in contactless transactions.
Represented a leading biometrics company in defending patent infringement claims regarding the use of biometric information to authenticate an individual’s identity during a payment transaction.
Represented the holders of patents covering biometric payment systems in the enforcement of the patents against a key competitor.
Defended a client in a patent infringement lawsuit regarding the alleged use of cryptographic countermeasures to differential power analysis attacks on smartcards.
Represented a national auto parts retail chain in patent infringement litigation related to electronic cataloging.
Represented the leading provider of neutriceuticals in patent infringement litigation regarding nutritional supplements.
Represented a Silicon Valley semiconductor manufacturer in patent infringement litigation related to the manufacture of mono-crystal silicon ingots.
Represented an international manufacturer of garage door openers in patent infringement litigation related to encrypted radio frequency transmitters and receivers.
Represented a retailer in patent infringement litigation related to the sale of automatic lighters.
Represented a Major League Baseball franchise against charges of infringement based upon use of its primary logo.
Represented an international resort and spa in prosecuting claims of trademark infringement.
Represented a national distributor of video gaming devices against charges of infringement based upon the use of various software applications.
Represented numerous trademark owners in litigation to cause the return of domain names under the ICANN procedures.
Represented an international tobacco company in litigation charging violation of federal and state RICO laws.
Represented a corporation in obtaining multiple writs of prohibition to prevent the disclosure of confidential business records.
Rendered legal opinions on behalf of various institutions on issues of patentability, inventorship/ownership, infringement, invalidity and unenforceability.
Developed and assisted in the implementation of a strategy for the protection and worldwide commercialization of numerous technologies including those in the fields of computer networking, wireless communication, electronic security, and database management.
Provided legal and strategic advice for an international educational services provider in the negotiation of a strategic alliance with a UK company to commercialize technology for scoring of examinations over a distributed network.
Prepared and negotiated numerous international licensing, co-development and strategic alliance agreements covering a wide range of technologies and commercial opportunities.
Counseled an international provider of firearms simulation equipment on bidding on a multi-million contract in light of patent infringement allegations made before the US International Trade Commission.
Counseled numerous clients on strategies for the proper commercialization of their technology in the face of potentially infringed patents in the fields of computer systems and software.
Provided strategic counseling and prepared organizational documents for several international standards-setting bodies covering a broad range of technologies.
Counseled several clients on the intellectual property implications of various FAR clauses in bidding on US government contracts.
Represented clients in numerous licensing, corporate mergers and acquisitions, joint collaborations, technology development and similar transactions.
Education:
Case Western Reserve University School of Law, JD, 1994, The Ohio State University, BS, summa cum laude, 1991. | 