Concentration

Summary

Mr. Sullivan has substantial experience in the preparation of patent validity and infringement opinions, and his practice regularly involves conducting and supervising United States and international patent prosecution, and assisting clients in the strategic development and assertion of patent portfolios.

Mr. Sullivan's litigation, opinion, and counseling practice covers a variety of technical arts, including flash memory cards, micromachined sensors, semiconductor fabrication, optical character recognition systems, and cryptographic and business method software, platforms, and systems. He also counsels clients as to patent portfolios and transactions involving MPEG and other compression/encryption standards for the electronic delivery of multimedia content, as well as satellite and cable television distribution systems, aircraft collision avoidance systems, interactive telephone systems, cellular telephony, blood substitutes, and various financial institution–related technologies.

Representative Engagements

• Elan v. Abraxis Bioscience (2008) – represented Elan in a two week jury trial involving patent infringement, invalidity and unenforceability claims. Jury found in favor of client, finding patents to be valid and enforceable. Jury also found infringement and awarded client $55.2 million in damages
• Fujifilm Medical Systems U.S.A. (2006-2009) – representation of client in multiple patent litigations brought by non-practicing entities in the United States District Court for the Eastern District of Texas. All matters settled on favorable terms for client following extensive discovery and claim construction briefing.
• Fuji U.S.A., Inc. – defense of patent infringement allegations involving flash memory cards and controllers used in digital cameras
• Verizon Communications, Inc. and Verizon Wireless – infringement/validity opinion and counseling work regarding telephone switching and call-handling systems and cellular telephony protocols
• Liberty Media – due diligence and negotiation regarding patent and other IP rights and portfolios relating to satellite and cable television systems in connection with various acquisition and joint venture transactions
• Dymo Corporation – successful application for a preliminary injunction against infringement of Dymo's patent relating to Internet postage distribution
• Fila U.S.A., Inc. – counseling and litigation with regard to various athlete/coach endorsement/product promotion contracts 

Publications, Speeches, and Presentations

Publications

• "When Copyrights And Car Repairs Collide," IP Law360, February 2010
• "A publicity right in video games?" National Law Journal, October, 2009
• "If It's Sort Of In The Game, Is It In The Game?: New Complaint Challenges Uncompensated Use Of Video Game Virtual Athlete Representations," Baker Botts Intellectual Property Report, May 2009
• "Aggressive IP Strategies Open Up New Revenue Streams," Intellectual Asset Management, October/November 2005
• "Symbol Technologies v. Lemelson, Prosecution Laches, and the Still-Unmet Challenges of Junking 'Junk Patents,'" American Intellectual Property Law Quarterly Journal, Summer 2005
• "MGM v. Grokster and Pending Legislation: What's at Stake for Peer-to-Peer Networks and Copyright Law," The Licensing Journal, June/July 2005 (David A. Bell, co-author)
• "Will the U.S. Supreme Court End the Heyday of Unauthorized Online Music-Sharing?" News Exchange, online newsletter of the Licensing Executives Society, Britain and Ireland, February/March 2005 (David A. Bell, co-author)
• "Will the Supreme Court or Congress Modify Copyright Law in an Era of Rampant Digital Piracy?" NYU Journal of Law & Business, Spring 2005 (David A. Bell, co-author)

Speeches and Presentations

• "Current Patent Damages Issues and Trends," Practising Law Institute, San Francisco, July 2010
• "How to Make Money Out of Your IP: The Importance of IP Licensing and Assertion," Licensing Executives Society International, Munich, Germany, June 2005
• "Emerging Internet Issues," New York City Bar Association, New York, March 2000