Kaye Scholer

Before joining Kaye Scholer, Mr. Glassman gained extensive trial experience as an Assistant United States Attorney for the Southern District of New York. He also served as Chief of the Civil Rights Section and gained intensive appellate experience as Chief Civil Appellate Attorney in the U.S. Attorney’s Office. He previously served as an Examiner in the U.S. Patent and Trademark Office, and was then active in government to industry technology transfer programs with NASA at its Washington, DC headquarters. He received his B.S. from the Massachusetts Institute of Technology (MIT), and J.D. from Georgetown Law Center, where he was an editor of the Georgetown Law Journal.

Mr. Glassman’s broad experience has included matters involving the financial and banking, pharmaceutical, chemical, electronics, and biotechnology industries. He has represented parties in individual, multi-district, and class actions, with major matters involving patents and intellectual property in all of the above fields, as well as electronic trading, foreign payments, manipulation of commodities markets, licensing, contracts, fraud, and mismanagement. He has represented major corporations and financial institutions including Alcoa, AlliedSignal (now Honeywell), AT&T, Chiron, Ciba Vision, CLS Bank, GTE, Oppenheimer, Pfizer, Sanofi-Aventis and Union Carbide (now Dow), and individuals ranging from artists to brokers and corporate officers and directors. Mr. Glassman is also experienced in mediation and arbitration and has advised on corporate acquisitions, investments and public offerings involving intellectual property and other issues.

Mr. Glassman has been active as a member of the Association of the Bar, has chaired continuing education and industry programs, and has written and lectured on a variety of matters, including jury trials, working with experts, the advantages of litigation or arbitration, reliance on advice of counsel, green technology issues, and multiple patent law topics.

Representative Intellectual Property Matters

• CLS Bank Int’l v. Alice Corp. (D.D.C., Fed. Cir.)
  Lead counsel in groundbreaking case involving patentability of business methods implemented on computers, establishing post-Bilski standard. Obtained summary judgment for CLS Bank invalidating 4 patents for methods and systems of exchanging financial obligations; accused systems settle foreign exchange transactions for 60 member banks, with average daily value of approximately $4 trillion.
  
  
• Pfizer Inc. v. Teva Pharmaceuticals USA, Inc. (E.D. Va)
  Senior trial counsel for Pfizer in patent infringement action involving challenge to patent covering use of blockbuster drug Viagra® to treat erectile dysfunction. Successfully obtained judgment of infringement and patent validity, preserving Viagra’s market exclusivity, and obtained attorney fees award for Pfizer after defeating Teva’s claim of inequitable conduct.
  
  
• Union Carbide Corp. v. Shell Oil Co. (D. Del., Fed. Cir.)
  Lead counsel for Union Carbide in litigation, trial and appeal of patent infringement suit involving advanced catalysts for production of ethylene oxide. Successfully obtained dismissal of Shell’s preemptive lawsuit in Texas. After 3-week trial in Delaware resulting in jury verdict for Shell, obtained District Court judgment for Union Carbide on all validity issues, and successfully appealed to Federal Circuit on claim construction and infringement issues.
  
  
• H-C Industries, Inc. v. Owens-Illinois (Ill.)
  Lead counsel for H-C, a subsidiary of Alcoa, in arbitration of dispute over a series of technology licensing agreements covering a 15-year period, more than 30 patents involving compression-molding technology, and complex technical know-how, as well as contract, export and antitrust issues. Obtained favorable settlement after completion of initial evidentiary hearings before arbitrator.
  
  
• Wesley-Jessen Corp. v. CIBA Vision Corp. (D. Del.)
  Lead counsel for CIBA Vision in patent litigation involving contact lens technology, having antitrust counterclaims. After extensive discovery in U.S. and Europe, obtained favorable settlement for CIBA Vision on eve of trial.
  
  
• Chiron Corporation v. F. Hoffman-LaRoche Ltd. (N.D. Cal.)
  Represented Chiron in litigation alleging that Roche’s blood-testing products infringed three Chiron patents for detection of hepatitis C virus. Case involved federal patent claims, pendent state law contract and fraud claims, and antitrust claims, with companion actions pending in U.K., Germany, Netherlands, Italy and Japan. Following extensive discovery and successful defense against summary judgment motions, case was settled on favorable terms.
  
  
• Pfizer Inc and Bayer A.G. v. Siegfried and Chase Pharmaceuticals et al. (S.D.N.Y.)
  Coordinated five patent litigations commenced in federal courts of New York, New Jersey, Delaware and Maryland on behalf of Bayer and Pfizer, involving major heart medication. After successful multidistrict consolidation and completion of discovery, including testimony in Germany and Netherlands, case was favorably settled on eve of trial.
  
  
• Mova Pharmaceuticals Corp. and The Upjohn Co. v. Secretary of HHS et al. (D. D.C., D.C. Cir.)
  Lead counsel for The Upjohn Company in patent/FDA matter. FDA had prematurely approved products of Mylan, a generic competitor, applying its regulations in manner harmful to Upjohn. Obtained favorable decision from DC Circuit for the first time recognizing a pioneer drug company’s interest under FDA statute, granting it right to intervene in FDA action, and enjoining FDA’s approval of competitor’s product.

Representative Securities and Commodities Matters

• MarketXT Holdings v. E*Trade (S.D.N.Y.)
  Lead counsel in securities fraud case involving sale of large electronic brokerage firm to E*Trade, involving non-disclosure of excessive executive compensation, contractual breaches, and failure to pay anticipated earn-out. After successful defense of E*Trade summary judgment motion, and mediation, case was settled on favorable terms.
  
  
• In the Matter of Northstar International Group, Inc.
  Lead counsel in defense of Commodity Futures Trading Commission (CFTC) investigation into alleged Ponzi scheme concerning investments in North American Globex Fund. The Fund’s assets were lost over a 7-year period, culminating in the market collapse of 2008. Successfully negotiated settlement with CFTC, resulting in order of restitution and civil monetary penalty.
  
  
• SEC v. Peister et al.
  Lead counsel in defense of SEC investigation and action involving alleged false and misleading financial statements. Matter was settled on favorable terms with consent to Final Judgment enjoining future violations of securities laws.
  
  
• In re Crazy Eddie Securities Litigation
  Defended lead underwriter in federal class action securities cases arising out of demise of major electronics retail chain. Obtained decisions dismissing Section 11 and 12 claims, and settled Section 10(b) claims on favorable terms.
  
  
• Fustok v. ContiCommodity et al.; Waltuch v. ContiCommodity
  Lead trial counsel for floor broker and corporate officer accused of conspiring to manipulate silver market, in federal class action and in proceeding brought by CFTC. Obtained dismissal or settlement on favorable terms for all claims and charges, and successfully sought indemnity for legal fees from employer and alleged co-conspirator.