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  1. Lawyers
  2. Bryan Vogel
Bryan Vogel
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Bryan J. Vogel

Partner
bjvogel@rkmc.com 212.980.7403 vCard Address
    • New York
    • 601 Lexington Avenue
    • Suite 3400
    • New York, NY 10022-4611

Practice Areas

  • Life Sciences and Hatch-Waxman Intellectual Property Litigation
  • Clean Technology
  • Intellectual Property Litigation
  • International Trade Commission
  • International Arbitration
  • Patent Office Trials
  • Education
    • George Washington University, J.D. (2000)
    • Michigan State University, B.S. in Chemical Engineering, with honors, Phi Beta Kappa, Tau Beta Pi (invited) (1997)
  • Professional Associations
    • Intellectual Property Owners Association, Committee Member and Vice Chair, Emerging Technologies (2013-present), Vice Chair, Green Technology Innovation (2010-2012), Committee Member, International Trade Commission (2009)
    • American Intellectual Property Law Association, Committee Member, International Trade Commission (2009)
    • New York Intellectual Property Law Association
    • Federal Circuit Bar Association
    • American Chemical Society
    • American Institute of Chemical Engineers
  • Bar Admissions
    • New York
    • U.S. Court of Appeals, Federal Circuit
    • U.S. Court of Appeals, Second Circuit
    • U.S. District Court, Eastern District of New York
    • U.S. District Court, Southern District of New York
    • U.S. Patent and Trademark Office
    • U.S. Supreme Court
  • Experience

    • Bryan J. Vogel’s practice focuses on intellectual property litigation, arbitration and counseling, with a particular emphasis on patent, trade secret and copyright litigation before the Federal Courts, the International Trade Commission, the U.S. Patent and Trademark Office, the U.S. Patent Trial and Appeal Board, the ICC International Court of Arbitration and the American Arbitration Association.
    • Mr. Vogel is a registered patent attorney with a background in chemical engineering, representing clients in a broad range of industries, including life sciences, clean technology, polymer and chemical arts, telecommunications, software, consumer products, electronics and media and entertainment.
    • Mr. Vogel has represented clients in numerous litigations and arbitrations, involving various technologies, including: pharmaceuticals, small molecules, specialty chemicals, polymers, solar technologies, extraction technologies, textiles, catheter technology, chewing gum, colloidal silica sols and particles for electronic applications, water-soluble polymers for waste-water treatment, integrated circuits, semiconductor processing, computer systems, computer software, telephony, international paging systems, financial systems, LCDs and a range of mechanical devices.
    • Mr. Vogel has also counseled clients concerning various IP issues, such as valuation and monetization of IP, and concerning various technologies, including:  biofuels, solar technologies, antibodies, small molecules, pharmaceuticals, soil erosion, waste-water treatment, assay systems, bone implants, specialty chemicals, skincare products, water-soluble polymers, computer software and a number of mechanical devices. 
    • Prior to law school, worked for Montell Polyolefins as a research engineer in the Advanced Materials Division and for Insight Integration, Inc. as a project engineer.
    • During law school, interned for the Honorable Paul R. Michel of the United States Court of Appeals for the Federal Circuit, as well as for the Honorable Marian Blank Horn of the United States Court of Federal Claims, and for the Office of Unfair Import Investigations of the United States International Trade Commission.
  • Recognition*

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    • Named an “IP Star,” IP Stars (2013)
    • Recognized by the Federal Circuit Bar Association for dedication and commitment to the Association's general, government, and veterans pro bono programs (2010 and 2011)

     
    *Being named to the list or receiving the award is not intended and should not be viewed as comparative to other lawyers or to create an expectation about results that might be achieved in a future matter.

  • Selected Case Results**

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    Selected Life Sciences, Clean Technology and other Chemical and Biotechnology Matters

    Representation of not-for-profit and research organization in Amicus Curiae brief in the U.S. Supreme Court case Bowman v. Monsanto Co. et al., No. 11-796.

    Representation of developer and manufacturer of sunscreen and dermatologic products in counseling on IP, IP monetization and disputes concerning IP.

    Representation of industrial designer and developer of various life sciences and clean technology products in counseling on IP, IP monetization and disputes concerning IP.

    Representation of solar developer and designer in counseling on IP, IP monetization and disputes concerning IP.

    Trial counsel for Canadian biopharmaceutical company in 3-week arbitration of trade secrets and breach of contract case involving inventorship and ownership of patent applications for methods of treating Alzheimer's disease and Type 2 diabetes, held under the auspices of the ICC International Court of Arbitration.  (Prior to joining Robins, Kaplan, Miller & Ciresi L.L.P.)

    Trial counsel for Spanish engineering company in patent and trade secret litigation involving extraction technology for the production of high purity zinc.  (Prior to joining Robins, Kaplan, Miller & Ciresi L.L.P.)

    Trial counsel for European and U.S. solar company in trademark litigation.  (Prior to joining Robins, Kaplan, Miller & Ciresi L.L.P.)

    Trial counsel for U.K. and U.S. pharmaceutical company in multiple ANDA / Hatch-Waxman litigations involving oral syrup for anti-ulcer medication.  (Prior to joining Robins, Kaplan, Miller & Ciresi L.L.P.)

    Trial counsel for U.K. and U.S. pharmaceutical company in ANDA / Hatch-Waxman litigation involving serotonin 5-HT3 receptor antagonist used to prevent nausea and vomiting caused by cancer chemotherapy, radiation therapy and surgery.  (Prior to joining Robins, Kaplan, Miller & Ciresi L.L.P.)

    Trial counsel for U.S. technology company in patent litigation involving colloidal silica sols and particles for electronic applications such as chemical mechanical polishing (CMP).  (Prior to joining Robins, Kaplan, Miller & Ciresi L.L.P.)

    Trial counsel for U.S. confectionary company in patent litigation involving the use of physiological cooling agents in confectionary compositions.  (Prior to joining Robins, Kaplan, Miller & Ciresi L.L.P.)

    Trial counsel for manufacturer of water-soluble polymers in patent litigation involving the use of water-soluble polymers for waste-water treatment.  (Prior to joining Robins, Kaplan, Miller & Ciresi L.L.P.)

    Trial counsel for major U.S. medical technology company in patent litigation involving catheter technology.  (Prior to joining Robins, Kaplan, Miller & Ciresi L.L.P.)

    Representation of high-tech industrial group in the areas of thin-film silicon solar modules, textile production and thin-film coatings in various patent-related actions and counseling.  (Prior to joining Robins, Kaplan, Miller & Ciresi L.L.P.)

    Representation of a start-up developer of multiple vegetable oil biofuel technologies in counseling on IP.  (Prior to joining Robins, Kaplan, Miller & Ciresi L.L.P.)

    Representation of manufacturer of water-soluble polymers in various opinions of counsel and counseling on patent issues concerning various technologies, including soil erosion and waste-water treatment.  (Prior to joining Robins, Kaplan, Miller & Ciresi L.L.P.)

    Representation of Japanese pharmaceutical company in intellectual property due diligence for major multi-billion dollar potential acquisition of rival U.S. pharmaceutical company.  (Prior to joining Robins, Kaplan, Miller & Ciresi L.L.P.)

    Representation of Japanese pharmaceutical company on various patent due diligence projects regarding acquiring or licensing patent rights in various jurisdictions and to various technologies, ranging from small molecules to antibodies.  (Prior to joining Robins, Kaplan, Miller & Ciresi L.L.P.)

    Representation of U.S., European and Asian companies in opinions of counsel, due diligence investigations and counseling on patent issues concerning various technologies, including pharmaceuticals, assay systems for the Cdc7-ASK kinase inhibitor, bone implants from autologous tissue, specialty chemicals, skincare products and water-soluble polymers.  (Prior to joining Robins, Kaplan, Miller & Ciresi L.L.P.)

    Selected Telecommunications, Software and Electronics Matters

    Trial counsel for video analytics software development company in multiple patent litigations in the International Trade Commission and district court concerning video analytics technology, including a 4-day patent infringement trial before the International Trade Commission.

    Trial counsel for inventor in 7-day jury trial of a patent infringement case involving computer hard disk drive technology.

    Trial and appeal counsel for European telecommunications company in patent litigation concerning international paging systems.

    Representation of start-up developer and designer of various software and electronics products in counseling on IP, IP monetization and disputes concerning IP.

    Representation of software innovator in counseling on IP and disputes concerning IP.

    Trial counsel for international designer and manufacturer of televisions, home appliances and telecommunications devices in patent and breach of contract case involving inventorship and ownership of patents for side-mounting LCD technology, held under the auspices of the American Arbitration Association.  (Prior to joining Robins, Kaplan, Miller & Ciresi L.L.P.) 

    Representation of financial business communications firm in dispute concerning ownership of intellectual property in business services software products.  (Prior to joining Robins, Kaplan, Miller & Ciresi L.L.P.)

    Trial counsel for US technology company in patent litigation concerning integrated circuit (IC) technology.  (Prior to joining Robins, Kaplan, Miller & Ciresi L.L.P.)

    Trial counsel for inventor in patent litigation concerning automated telephone services.  (Prior to joining Robins, Kaplan, Miller & Ciresi L.L.P.)

    Trial counsel for international consumer products companies in patent litigation concerning PLC control systems.  (Prior to joining Robins, Kaplan, Miller & Ciresi L.L.P.)

    Trial counsel for U.S. technology company in patent litigation concerning chip-scale packaging (CSP) technology.  (Prior to joining Robins, Kaplan, Miller & Ciresi L.L.P.)

    Trial counsel for international software, hardware and services company in patent litigation concerning mail management systems.  (Prior to joining Robins, Kaplan, Miller & Ciresi L.L.P.)

    Trial counsel for international computer company in patent litigation concerning computer systems.  (Prior to joining Robins, Kaplan, Miller & Ciresi L.L.P.)

    Representation of U.S., European and Asian companies in opinions of counsel, due diligence investigations and counseling on patent issues concerning various technologies, including computer software, integrated circuits, financial systems and a number of mechanical devices.  (Prior to joining Robins, Kaplan, Miller & Ciresi L.L.P.)

    Selected Media and Entertainment Matters

    Representation of established New York City-based photographer in copyright and licensing disputes.

    Trial counsel for established photographer based in New York City and London in breach of contract litigation.

    Trial counsel for performing rights organization in 2-week trial involving copyright and licensing litigation against music users on the Internet and wireless devices.

    Trial counsel for Japanese clock manufacturer in intellectual property litigation and licensing negotiations concerning use of music on IC chips. 

    Trial counsel for online retailer in trademark litigation.

    **Past results are reported to provide the reader with an indication of the type of litigation in which we practice and does not and should not be construed to create an expectation of result in any other case as all cases are dependent upon their own unique fact situation and applicable law.

  • Publications and Speeches

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    Publications

    • IP: India, generics and the impact of Novartis’ failed Gleevec claims
      InsideCounsel (April 23, 2013)
    • Will AIA Power Clean Technology?
      Law360 (March 7, 2013)
    • The "New" Prior User Rights Defense Under The AIA: What's To Come For The Clean Technology Industry?
      Intellectual Property Today (January 2013)
    • IP: Bring On The Biosimilars
      InsideCounsel (August 14, 2012)
    • IP: ITC Foreign-Based Misappropriation Of Trade Secrets Actions
      InsideCounsel (July 31, 2012)
    • IP: Generic Manufacturers Win In The Supreme Court
      InsideCounsel (July 17, 2012)
    • IP: Adding To The Popularity Of ITC Proceedings
      InsideCounsel (July 3, 2012)
    • IP: Injunctions And Irreparable Harm After eBay
      InsideCounsel (June 19, 2012)
    • IP: India's Compulsory Licensing Case
      InsideCounsel (June 5, 2012)
    • Valuation of Green Technology
      2011 IPO Articles & Reps., Pats. Sec. No. 2 (Co-author) (February 4, 2011)
    • Preventing Misuse of Leaked Confidential Information
      PLC Cross-boarder, Resource ID 6-500-7630 (November 6, 2009) (Co-author)
    • Foreign Procedures Corresponding to ITC Investigations Under Section 337 - Provisions for Barring Importation of Infringed Goods Into Other Countries
      2009 IPO Articles & Reps., Bus. and Lit. Issues Sec. No. 1 (July 31, 2009) (Co-author)
    • The Increasing Importance of Trade Secret Protection in the Biotechnology, Pharmaceutical and Medical Fields
      89 Journal of the Patent and Trademark Office Society 261 (April 2007) (Co-author)
    • Patent Claim Construction Strategy Critical: Courts Placing Increasing Reliance on the Public Notice Function of Intrinsic Evidence
      The New York Law Journal (October 21, 2002)

    Speeches

    • Avoiding Legal Traps in Developing Mobile Apps: A Guide to IP Law in the United States
      Global IP Convention, Bangalore, India (January 29, 2013)
    • Pharmaceutical and Biotechnology Patent Litigation and Strategy: Hot Topics
      Taj Mahal Palace & Tower Hotel, Mumbai, India (January 21, 2013)
    • The Intersection of Clean Technology and Intellectual Property: Current Trends
      University of Minnesota Law School, Minneapolis, Minnesota (November 12, 2012)
    • Clean Tech Reality Check: Are Green Patents the Red Herring of International Climate Change Policy?
      IPO Annual Meeting, San Antonio, Texas (September 10-11, 2012)
    • The What Million Dollar Question: Patent Litigation and Strategy Under the Biologics Price Competition and Innovation Act
      International Conference & Exhibition on Biowaivers & Biosimilars-2012, San Antonio, Texas (September 10-12, 2012)
    • Patent Law -- A Global Perspective: a review of major legal changes, challenges and developments in patent law in Europe, Asia and the U.S.
      Lovells LLP/Institut de la propriété intellectuelle du Canada (IPIC) Conference, Montreal, Canada (April 23, 2008)
    • Improving Your Global Patent Litigation Strategy
      16th Annual Biotech and Pharmaceutical Patenting Forum 2008, Munich, Germany (January 29-30, 2008)
  • In the News

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    • The Firm and Bryan Vogel Recognized by the Federal Circuit Bar Association
    • Robins, Kaplan, Miller & Ciresi L.L.P., A Leading Corporate Litigation Firm, Plans Expansion to New York City
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