Paul Margulies concentrates his practice on intellectual property and patent litigation. He has represented both plaintiffs and defendants in a wide variety of cases, with a particular focus on matters relating to networking, imaging, microprocessors, telecommunications, semiconductors, software, and pharmaceuticals.
Paul has experience in every stage of litigation, from conducting pre-filing investigations and developing non-infringement and invalidity positions to conducting oral arguments and serving as second chair at trial. Paul has managed all aspects of discovery, taken and defended fact and expert depositions, prepared technical experts to testify at trial, drafted claim construction briefs, argued dispositive motions, and prepared opening and closing statements and direct and cross examination for arbitration and trial. Paul is also registered to practice before the US Patent and Trademark Office, and has prosecuted patents relating to both hardware and software.
In addition to his patent litigation practice, Paul has litigated cases involving claims of copyright and trade dress infringement, misappropriation of trade secrets, and unfair competition. He also works on cybersecurity and privacy issues revolving around technology for multinational corporate clients.
- Representing Nintendo in in the Southern District of New York in case relating to 3D image capture and display technology patent asserted against the Nintendo 3DS handheld gaming device. The case is on remand following the Federal Circuit’s reversal in Nintendo’s favor of the district court’s claim construction.
- Representing Time Warner Cable in the District of Kansas in a case brought by Sprint alleging infringement of VoIP patents.
- Represented Ateliers de la Haute Garrone in the District of Delaware against Brotje Automation, in which we asserted claims of patent and trade dress infringement and unfair competition claims relating to aviation riveting technology. The jury returned a verdict in favor of Ateliers regarding all patent and non-patent claims, and awarded compensatory and punitive damages.
- Represented Time Warner Cable in the Eastern District of Texas in a multi-patent case brought by a non-practicing entity, Constellation Technologies, relating to networking technology.
- Represented CA, Inc. (formerly Computer Associates), a major software company, in a trade secret and copyright infringement case in the Eastern District of New York where the client received a cash settlement of $50 million on the eve of a jury trial.
- Represented CA Technologies, Inc. (formerly Computer Associates) in an action in the Eastern District of Texas brought by Information Protection and Authentication of Texas (IPAT), a patent holding company and an Acacia entity. The patents-in-suit related to personal firewall technology. The case settled very favorably for CA after uncovering anticipatory prior art.
- Represented Rolls-Royce in the Eastern District of Virginia against UTC for infringement of a patent relating to jet engine fan blade design. The case settled as part of a global settlement between the parties.
- Represented Pfizer in a patent infringement case against Watson Pharmaceuticals based on Watson’s ANDA seeking FDA approval to sell a generic transplant rejection prevention drug, Rapamune®. Pfizer prevailed after a bench trial in the District of Delaware.
In the Market
- Kaye Scholer Announces 2016 Partner and Counsel Elevations December 11, 2015
- Kaye Scholer IP Report Offers Insights on Current Patent Law Developments and Future Outcomes May 2015
- How District Courts Have Responded to the Supreme Court’s Fee Shifting Rulings February 18. 2015