Joseph Drayton is an experienced trial attorney, who was recently named among the National Bar Association’s Nation’s Best Advocates: 40 Lawyers Under 40 (2010). Mr. Drayton’s practice background includes a broad range of intellectual property, complex commercial and antitrust matters. He practices before both state and federal courts, as well as the International Trade Commission. Mr. Drayton also counsels clients in all aspects of intellectual property acquisition, transfer, protection and enforcement. He is the Chair of the Intellectual Property Litigation Committee of the American Bar Association’s Section of Litigation.
Mr. Drayton represents leading companies in the telecommunications, banking, media, private equity, pharmaceutical, electronics and retail industries. Mr. Drayton is experienced in alternative dispute resolution and is a member of Kaye Scholer LLP’s Electronic Discovery practice group.
Mr. Drayton has been a lead member of numerous patent trial teams, four of which proceeded to trial in the last four years. He is experienced in trademark and copyright usage, trade dress, design patents and false advertising. He has handled temporary restraining orders, preliminary injunctions, all facets of motion practice and complex discovery.
Recent successes include:
- Representation of Pier 1 Imports, Inc. in a patent-infringement suit brought by Alexsam, Inc. concerning Pier 1’s gift card system. The jury returned a verdict finding that Pier 1 did not infringe either of Alexsam's two patents.
- Representation of a major semiconductor chip manufacturer in a patent infringement action at trial before the International Trade Commission.
- Representation of an international Voice Over IP telecommunications manufacturer in a patent infringement action at trial towards a favorable settlement.
- Representation of a Fortune 500 information technology and computer networking multinational company in a patent litigation towards a favorable settlement.
- Representation of a leading manufacturer of blades and cutting tools for the home and health industry in a patent litigation against its major competitor.
- Representation of a leading manufacturer of lighting controls worldwide in a patent litigation resulting in securing a favorable license of our client’s technology.
- Resolution of an authorship dispute over the manuscript of Hedge Fund Wives.
Publications and Speaking Engagements
Mr. Drayton is a regular speaker, author and lecturer on patent and intellectual property topics. Examples include:
- Author, “Patent Litigation: 10 Tips to Save Costs,” Corporate Counsel, October 25, 2011.
- Featured speaker for the PLI: One-Hour Briefing, "Tivo v. EchoStar: Federal Circuit Provides Guidance on Injunctive Relief and Contempt Hearings for Patent Cases" held on May 23, 2011.
- Author, “The Implications of the Digital Millennium Copyright Act on Social Media Sites,” National Bar Association Commercial Law Section Newsletter, February 2011.
- Lecturer on behalf of the New York City Bar Association and its Patent Committee at the Eastern District of New York at a program titled “Patent Ligation Fundamentals” in 2009 and 2010.
- Speaker for the panel discussion “Advising Emerging Business Entities in Protecting and Honoring Intellectual Property” at the annual National Bar Association’s Mid-Year Conference in St. Louis, Missouri on April 9, 2010.
- Featured speaker for the panel discussion “Trade Secret Litigation: The New Method to Protect Theft of Intellectual Property” at the annual Minority Corporate Counsel Association’s 9th Annual CLE Expo in Chicago on March 18, 2010.
Public Service
He is a member of the Board of Governors for the University of Maryland Alumni Association. He has devoted hundreds of hours providing pro bono legal services, including trial work and representing several indigent clients.
Mr. Drayton lives in New York with his wife of seven years and their three-year-old daughter.