607 14th Street, NW, Suite 800 Washington, D.C. 20005
(202) 783-6040 Fax:
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Mr. Lieberman was born in New York City and admitted to the
Bar of the State of New York in 1985 and the Bar of the District of Columbia in 1993. He is also admitted to practice before the United States Supreme Court; the United States Courts of Appeals for the Federal Circuit, the D.C. Circuit, the Second Circuit and the Fourth Circuit; and the United States District Courts for the Southern, Eastern and Northern Districts of New York; United States District Court for the Southern and Northern District of California; the United States District Court for the District of Maryland, and the United States District Court for the District of Columbia.
Mr. Lieberman received an A.B. degree from Princeton
University, summa cum laude, in 1980 and a J.D. degree from
Columbia University Law School in 1984 (Stone Scholar all three years). He is a member of the Giles S. Rich American Inn of Court (President, 2003-04; Vice President 2002-03); the Association of the Bar of the City of New York (Communications Law Committee, 1990-93); the New York State Bar Association (Committee on Media Law, 1993-99); and the American Bar Association.
Following a clerkship with the Honorable Edmund L. Palmieri in
the Southern District of New York, Mr. Lieberman was a litigator with Cahill, Gordon & Reindel where he handled a wide range of lawsuits and litigation related matters. During part of that time, Mr. Lieberman also served as a pro bono Special Counsel to the Disciplinary
Committee of the New York Appellate Division, First Department. Mr. Lieberman has been litigating patent cases since 1991.
In the area of patent litigation, Mr. Lieberman has handled a variety of lawsuits in the
pharmaceutical, biotech, veterinary, and medical products fields in both the district courts (and on appeal) and before the International Trade Commission. These actions include representing Burroughs Wellcome Co. in a number of lawsuits including actions relating to AZT (Retrovir) as a therapy for humans infected with the virus that causes AIDS; Zeneca Inc. in an action relating to its prostate cancer therapy Casodex; and Mylan Pharmaceuticals Inc. in actions relating to, inter alia
, buspirone, nifedipine, nitroglycerin patches, diltiazem, amlodipine and cimetidine. Mr. Lieberman's representation of Mylan in its patent and antitrust actions against Bristol-Myers Squibb arising from Bristol’s improper listing of a buspirone metabolite patent in the Orange Book recently resulted in Bristol paying $535 million to settle antitrust claims brought against it by Mylan, 29 state Attorneys General, and private class action plaintiffs.
Mr. Lieberman also regularly represents clients on intellectual property matters relating to
electronic commerce. Mr. Lieberman’s clients in this area include both Fortune 500 companies and Internet start-up entities. For example, Mr. Lieberman currently represents The New York Times Company, Dow Jones, News Corporation of America, Disney, LGE, HarperCollins, Simon & Schuster, Random House, Advance Publications, ALM Media, American Media, Cox Broadcasting, CNBC, Fox News, Fox Interactive Media, Fox Sports Interactive Media, Univision, Hulu, Time Warner, CBS Interactive Inc., Spear Pharmaceuticals, Cypress Pharmaceuticals, Gannett, Investment Technology Group (ITG), Cognizant and the McGraw-Hill Companies in
litigation or litigation-related matters. He also advises companies with respect to evaluation of potentially patentable inventions, strategic planning for protecting intellectual property relating to Internet businesses, and potential infringement issues. Mr. Lieberman recently obtained several summary judgment rulings of invalidity or non-infringement on behalf of accused infringers and obtained a judgment (after trial) of willful infringement for an e-commerce client that had sued a competitor for copying several of its online advertisements. In addition to finding willful infringement following a bench trial, the Court in that case awarded Mr. Lieberman's client both statutory damages and more than $250,000 in attorneys' fees and costs.
Mr. Lieberman also advises clients regarding matters having to do with electronic
commerce and privacy issues. He has successfully represented several clients in investigations initiated by the Federal Trade Commission regarding privacy matters.
Mr. Lieberman also has particular expertise in the First Amendment area. At Cahill,
Gordon & Reindel he worked extensively with Floyd Abrams and Dean Ringel on a variety of media matters including many high-profile defamation suits. Currently, Mr. Lieberman advises clients on First Amendment issues, litigates First Amendment cases, and has served as an expert witness on U.S. defamation law. Mr. Lieberman served as co-counsel to The New York Times in a defamation action brought by the former chief medical examiner of the City of New York that was dismissed on summary judgment after fifteen years of litigation. He recently co-authored an amicus brief to the United States Supreme Court on behalf of the American Bar Association in the First Amendment/copyright case Golan v. Holder
Mr. Lieberman is a past President of the Giles S. Rich American Inn of Court, the D.C.
Inn devoted to the practice of intellectual property law. He has served as chairman of the Defamation and New Technologies Subcommittee of the Committee on Media Law of the New York State Bar Association; chairman of the Media Law Resource Center ("MLRC") Cyberspace Committee; chairman of the Patent Enforcement Issues Subcommittee of the ABA Section on Intellectual Property Law Committee 101; member of Editorial Advisory Board for BNA's Pharmaceutical Law & Industry Report. Mr. Lieberman is a co-author of the District of Columbia section of the MLRC's annual 50-State Survey of Media Privacy and Related Law
; has written on the subject of defamation and the Internet; has written on a variety of issues relating to patent litigation and the use of patents in the pharmaceutical industry, defamation and the Internet; has edited two collections of articles on Internet defamation issues for the New York State Bar Association and the MLRC; and has appeared on television, on the radio and in print as a commentator on First Amendment and/or intellectual property issues. Mr. Lieberman appeared as Guest Speaker, Food and Drug Law Institute ("FDLI") Enforcement and Litigation Issues in Drug and Medical Device Law: Trouble in Court and How to Stay Out of It by FDLI (2002); Guest Lecturer, Institute for International Research Conference on Generic Drugs (2002); Breakout Session Leader, NAA/NAB/LDRC Libel Conference (Cyberlaw) (1997, 1999, 2002); Invited Speaker, Georgetown Law School, Hatch-Waxman Act (2002); Invited Speaker, Syracuse University College of Law, Patent Policy in the Pharmaceutical Industry (2003); Invited Speaker, FDLI, FDA’s New Rule on Patent Listing Requirements and 30-Month Stays (2003); Guest Speaker, Global Generics Strategy Summit: The Battle for “Authorized Generics”: Is There a Future? (2007); and Invited Speaker for the IP Organizing Subcommittee of the Maryland State Bar Association: A Trademark as a Sponsored Link: Is it an Actionable “Trademark Use” and is it Infringement? (2007); and author of “Selected Issues Regarding Patent Infringement Lawsuits Brought by Non-Practicing Entities (Or How to Deal With Patent Trolls in the Digital Age)”, MLRC Bulletin, No. 1, Legal Frontiers in Digital Media (2013).
Mr. Lieberman has lectured on patent litigation in a wide variety of for a, including
Georgetown University Law School, George Washington Law School, the Giles S. Rich American Inn of Court and the United States Patent and Trademark Office. Mr. Lieberman has received a number of awards/recognitions, he is ranked in IAM Patent 1000 (2013) for the DC Metro Area, and he was selected as a Washington, D.C., Super Lawyer in the field of intellectual property litigation (2007-2013); featured on the cover of Super Lawyers 2012 Pro Bono Awards; profiled in Chambers USA (2012-2013) in the area of intellectual property litigation; selected for The International Who's Who of Patent Lawyers 2010 and The International Who's Who of Business Lawyers (2011); rated by Martindale-Hubbell as an AV® Preeminent™ lawyer; and ranked in the Chambers USA 2012 Guide as "Leader in Their Field" for Intellectual Property and Intellectual Property Litigation. He has also been honored by Ohev Sholom – The National Synagogue, Yeshivat Chovevei Torah and the Association for Safe International Road Travel for his work on behalf of those organizations.
Mr. Lieberman serves or has served on the boards of a number of non-profit
organizations including the Charles E. Smith Jewish Day School, Beth Sholom Congregation and Talmud Torah (of which he is currently a Vice-President), and the Association for Safe International Road Travel. Mr. Lieberman is Chairman of the Board of Yeshivat Chovevei Torah ("YCT"), an open Orthodox rabbinical school. He regularly represents clients on a pro bono
basis in cases involving religious liberties, including a pending case against the District of Columbia arising from its scheduling of a special election on a Jewish holiday.
Areas of Concentration:
A.B. Politics from Princeton University - 1980 (summa cum laude
J.D. from Columbia University Law School - 1984 (Stone Scholar, all 3 years)
U.S. Court of Appeals for the Federal Circuit U.S.D.C. for the Northern District of New York U.S. Court of Appeals for the District of Columbia Circuit U.S. Court of Appeals for the Second Circuit U.S. Court of Appeals for the Fourth Circuit U.S.D.C. for the Southern District of New York U.S.D.C. for the Eastern District of New York U.S.D.C. for the Southern District of California U.S.D.C. for the Northern District of California U.S.D.C. for the District of Maryland U.S. Supreme Court
Co-author, District of Columbia section of the Media Law Resource Center's annual 50-
State Survey of Media Privacy and Related Law
Lectures and Presentations:
Guest Lecturer, Institute for International Research Conference on Generic Drugs (2002);
Breakout Session Leader, NAA/NAB/LDRC Libel Conference (Cyberlaw) (1997, 1999, 2002)
Invited Speaker, Georgetown Law School, Hatch-Waxman Act Invited Speaker, Syracuse University College of Law, Patent Policy in the Pharmaceutical
Invited Speaker, Georgetown University, Latest Thinking on Attacking/Defending Patents
in the U.S. Pharmaceutical Market (2003)
Invited Speaker, FDLI Audioconference, FDA' s New Rule on Patent Listing
Representative Litigation Matters:
Bristol-Myers Squibb v. Mylan Pharmaceuticals
Schering and Roussel UCLAF v. Zeneca
Elliot M. Gross v. The New York Times Company et al.
Burroughs Wellcome v. Barr Labs and Novopharm, Ltd.
Outdoor Optics Inc. d/b/a Olympic Optical Co. v. Wolf Peak International Inc.
DENTSPLY International Inc. v. Great White
Rabbi Avi Weiss v. Howard Univ. et al.
Dr. Vladislav Sklyarevich v. Center for Remote Sensing, Inc.
Skechers U.S.A., Inc. v. Superga U.S.A., Inc. et al.
Fosber America, Inc. v. Mitsubishi Heavy Industries, Ltd.
InternetAd Sys., LLC and JS Technologies, Inc. v. ESPN, Inc., Travelocity.com, Inc. & The New York Times Co.
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