Bryan J. Vogel

212.980.7403

Experience

Bryan J. Vogel, a founding-partner of the New York office, head of the firm’s International Trade Commission practice, a nationally-recognized trial attorney and globally-recognized IP strategist, represents clients in intellectual property and technology matters throughout the country and the world. A background in chemical engineering, his work in industry, years of practice in intellectual property matters, and extensive experience in various courts, agencies, tribunals and forums in the United States and around the world, sets Bryan apart from his peers.

Bryan has been recognized for his rare ability to represent clients in complex high profile matters, stemming from his unique experience and his meticulous, client-oriented approach to solving complex issues for clients. Notably, he has been recognized for his aptness in finding creative ways to attack problems from multiple angles, while mastering and communicating complex technologies and issues to judges, juries, investors, licensees/ors, and other decision-makers alike.

Bryan has acted as lead counsel for clients on a number of high profile matters and has an exceptional record of winning at all stages of litigation, including at jury trials, bench trials, arbitration, settlements, and on appeal. He regularly handles patent, trade secret, copyright, and trademark matters before the International Trade Commission, in Federal district court, the U.S. Patent Trial and Appeal Board, the Federal Circuit, and at the Supreme Court. Clients also regularly rely on Bryan in complex licensing negotiations, acquisitions, and other technology transactions.

Having lived and worked in Germany, clients also call upon Bryan to handle coordination and strategy for parallel IP matters in jurisdictions throughout Europe, Asia, Central and South America, and Canada.

Bryan’s clients come from a broad range of industries, including life sciences (such as pharmaceuticals and biotechnology), additive manufacturing/3D printing, clean technology, polymer and chemical arts, telecommunications, software, consumer products, electronics, and media and entertainment.

Bryan has been named to the IAM Strategy 300, listed in The Best Lawyers in America and New York City's Best Lawyers and has also been named “Patent Star” and “IP Star” by Managing Intellectual Property, and a “New York Super Lawyer” by Super Lawyers

During law school, Bryan 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.

Prior to law school, Bryan worked for Montell Polyolefins as a research engineer in the Advanced Materials Division and for Insight Integration, Inc. as a project engineer.

Bryan is a frequent lecturer and author on topics related to litigation, trials, licensing, and intellectual property issues, and he is often a resource for and quoted in the business and legal press.

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Selected Life Sciences, Additive Manufacturing/3D Printing, Clean Technology, and Polymer and Chemical Matters

Trial counsel for a global leader in the development and production of specialty microporous membranes in multiple patent and trade secret (under the Defend Trade Secrets Act) litigations in district court concerning lithium battery separator technologies.

Trial counsel for U.S. leader in the development and innovation of lithium battery technologies in patent litigation concerning high capacity electrode technologies.

Representation of leading Asian developer of innovative additive manufacturing machines, processes, and polymer materials in counseling on IP, IP monetization, and disputes concerning IP and technology.

Trial counsel for a leading U.S. contract research organization (CRO) focused on antibody discovery and a U.S. biotechnology company focused on gene editing technology in patent litigations in district court and the U.S. Patent Trial and Appeal Board. Issues in the latter case concerned mammalian host cell lines composed of genetically altered host cells capable of producing antibodies that lack a particular fucose sugar in a specific region of the antibody.

Representation of leading U.S. developer of innovative materials and other advanced technology for additive manufacturing in counseling on IP, IP monetization, and disputes concerning IP and technology.

Representation of leading U.S. developer of large-scale high speed precision power bed fusion additive manufacturing technology in counseling on IP, IP monetization, and disputes concerning IP and technology.

Representation of leader in the development and innovation of cutting-edge battery technologies in counseling on IP, IP monetization, and disputes concerning IP and technology.

Representation of Indian pharmaceutical company in ANDA/Hatch-Waxman case concerning drug for treatment of high uric acid levels.

Trial and appellate counsel for a global leader in the development and production of specialty microporous membranes in multiple patent litigations in district court, the International Trade Commission, the Court of Appeals for the Federal Circuit, the U.S. Supreme Court, and the U.S. Patent Trial and Appeal Board, including multiple inter partes review proceedings, as well as worldwide coordination and strategy for multiple patent proceedings in China, Japan, Korea, and Taiwan, concerning lithium battery separator technology.

Trial counsel for global leader in water, hygiene, and energy technologies in patent litigation involving mercury emissions control technology.

Representation of private equity firm in IP due diligence related to 3D printing/additive manufacturing technology.

Trial counsel for Indian pharmaceutical company in an inter partes review proceeding in the U.S. Patent Trial and Appeal Board concerning fluoroalkoxy-substituted benzamide dichloropyridinyl N-oxide compounds.

Representation of U.S. pharmaceutical company in multiple ANDA/Hatch-Waxman evaluations involving a variety of pharmaceutical products.

Trial counsel for a global leader in medical and safety technology in multiple patent litigations in the International Trade Commission, district court, and the U.S. Patent Trial and Appeal Board, including multiple inter partes review proceedings, concerning thermal support devices, infant incubators, infant warmers, and components thereof.

Trial counsel for a world leader in medical device technology and therapies in patent litigation involving bioprosthetic heart valve systems, embolic protection systems, and annuloplasty rings.

Representation of U.S. and Indian pharmaceutical company in multiple ANDA/Hatch-Waxman evaluations involving a variety of pharmaceutical products.

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 LLP)

Selected Telecommunications, Software, and Electronics Matters

Trial counsel for leader in the development and innovation of mobile telecommunications and cellular communications technologies in multiple patent litigations in the International Trade Commission, district court, and the U.S. Patent Trial and Appeal Board, concerning 3G- and LTE-compliant cellular communications devices and components thereof, including a 8-day patent infringement trial before the International Trade Commission.

Trial counsel for the U.S.’s oldest technological university in patent litigation in district court concerning natural language processing technology.

Representation of leader in the development and innovation of transportation software for traffic control and operations management in counseling on IP, IP monetization, and disputes concerning IP and technology.

Trial counsel for U.S. multinational semiconductor company in patent litigation concerning computer processors, graphics, and related technologies for business and consumer markets.

Trial counsel for U.S. consumer electronics company in trade secrets (under the Defend Trade Secrets Act), breach of contract, unfair trade practices, and trademark case involving high-end headphone technology, including successfully obtaining preliminary injunctive relief.

Trial counsel for leader in the development and innovation of technologies in patent litigation concerning integrated circuits and semiconductor processing technologies.

Representation of multinational consumer electronics corporation in patent litigation in the International Trade Commission concerning integrated circuits and products containing the same.

Representation of leader in the development and innovation of technologies that enhance the end-user experience of electronic systems in patent litigation in the International Trade Commission concerning set-top boxes, gateways, bridges, adaptors and components thereof.

Trial counsel for one of the world’s leading providers of imaging supplies, photoreceptors, and parts for imaging equipment in multiple patent litigations in the International Trade Commission and district court concerning toner cartridges and components thereof.

Trial counsel for a Fortune 100 company in multiple patent litigations in district court, the U.S. Patent Trial and Appeal Board, and the Court of Appeals for the Federal Circuit, including an inter partes review proceeding, concerning electronic control devices.

Representation of Finnish mobile technology and service company in counseling on IP, IP monetization, and disputes concerning IP.

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.

Representation of Japanese multinational manufacturer of cycling components in multiple patent actions in Germany and in the European Patent Office concerning multispeed hub technology. (Prior to joining Robins Kaplan LLP)

Representation of a global leader in construction machinery and equipment in worldwide coordination and strategy for multiple patent proceedings in various European countries. (Prior to joining Robins Kaplan LLP)

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 LLP) 

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 two-week trial involving copyright and licensing litigation against music users on the internet and on 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.

IP Star 2018
Super Lawyers 2018
  • Named to the “IAM Strategy 300: The World’s Leading IP Strategists” list (2019)
  • Named a “Patent Star” Managing Intellectual Property (2016-2018)
  • Named an “IP Star,” Managing Intellectual Property (2014-2015)
  • Listed in The Best Lawyers in America (2014-2019 editions)
  • Named an “IP Star,” IP Stars (2013)
  • Named a “New York Super Lawyer,”Super Lawyers (2013-2018)
  • 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)
Bar Admissions
  • U.S. Supreme Court
  • 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, Western District of New York
  • U.S. District Court, Northern District of New York
  • U.S. District Court, Southern District of New York
  • U.S. Patent and Trademark Office
Education
  • George Washington University, J.D.
  • Michigan State University, B.S. in Chemical Engineering, with honors, Phi Beta Kappa, Tau Beta Pi (invited) 
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) 
  • New York Intellectual Property Law Association
  • Federal Circuit Bar Association
  • American Chemical Society
  • American Institute of Chemical Engineers
  • International Trade Commission Trial Lawyers Association

Quoted in:

  • “3 Tips To Avoid 3D Printing Trade Secret Jams,” Law360 (October 21, 2015)
  • "3D Print Sculptor Challenges Copyright Claim Over 'Left Shark'," BNA's Patent Trademark & Copyright Journal (February, 20, 2015)
  • "Foodini: Presto Chango, Your Dinner Is Printed," TechNews World (November 7, 2014)
  • "Next on the Open Source Horizon: 3D Printing," Tech News World (May 28, 2014)
  • "Next on the Open Source Horizon: 3D Printing," LinuxInsider (May 28, 2014)
  • "Can 3D Printing Permanently Break the Law!?" Engineering.com (October 18, 2013)

  • From 3D Printing To Additive Manufacturing Technology Frontier For The Major Metal Print Platforms
    Moderator: IPO – Emerging Technologies Committee, New York, New York (August 7, 2019)
  • IoT in Health Care
    Moderator: IPO - Emerging Technologies Committee, New York, New York (July 10, 2019)
  • The Latest ITC Developments
    Boston Patent Law Association, Boston, Massachusetts (November 14, 2018)
  • Patent Lawsuit Risk Assessment: In Pharma the Question is No Longer If We are Sued, but Rather When We are Sued
    International IP Skills Summit, Hyderabad, India (June 28, 2018)
  • Keynote Address Alterations to the Hatch Waxman and BPCIA Regimes
    International IP Skills Summit, Hyderabad, India (June 28, 2018)
  • Amgen V Sandoz
    International IP Skills Summit, Hyderabad, India (June 27, 2018)
  • Mediating Patent Infringement Disputes: Current Trends and Future Considerations
    New York Intellectual Property Law Association and JAMS, New York, New York (June 19, 2018)
  • Determining the Business and Legal Actions Available to Combat Infringement
    The Legal, Regulatory and Business Conference on 3D Printing, Chicago, Illinois (June 14, 2018)
  • The 3D Printing Disruption and the Impact of the Patent Landscape
    Inside 3D Printing Conference & Expo, San Diego, California (December 5, 2017)
  • Extraterritorial Application of U.S. Law Under the Defend Trade Secrets Act
    Federal Circuit Bar Association Bench & Bar, Washington, DC (September 22, 2016)
  • Patent Litigation and Strategy Under the Biologics Price Competition and Innovation Act
    In-House Seminar, Kim & Chang, Seoul, South Korea (June 23, 2016)
  • New Ideas in 3D Printing
    Inside 3D Printing Conference & Expo, Seoul, South Korea (June 22, 2016)
  • Manufacturing, IP and the 3D Printing Disruption
    Inside 3D Printing Conference & Expo, Seoul, South Korea (June 22, 2016)
  • You First: Manufacturing, IP and the 3D Printing Disruption
    Inside 3D Printing Conference & Expo, New York, New York (April 10, 2016)
  • Hey, You Stole My 3D Printed Heart! and Related IP Issues
    Minnesota Journal of Law, Science & Technology 2016 Symposium, Minneapolis, Minnesota (March 4, 2016)
  • Additive Manufacturing and IP Strategies Jan 8
    In-House Seminar, Lockheed Martin / Sikorsky Aircraft Corp., Stratford, Connecticut (January 8, 2016)
  • Additive Manufacturing and IP Strategies
    Connecticut Intellectual Property Law Association Conference, New Haven, Connecticut (November 10, 2015)
  • 3D Printing and Intellectual Property
    Rutgers University Business School, Piscataway, New Jersey (November 3, 2015)
  • You First: Manufacturing, IP and the 3D Printing Disruption
    Inside 3D Printing Conference & Expo, Santa Clara, California (October 21, 2015)
  • Additive Manufacturing and IP Strategies Oct 1
    In-House Seminar, Honeywell International Inc., Morris Plains, New Jersey (October 1, 2015)
  • 3D Printing: Repair, Reconstruction, and Other Special Topics
    Webinar, Intellectual Property Owners Association (August 27, 2015)
  • 3D Printing Primer
    Computer & Technology Law Institute, Minneapolis, MN (November 18, 2014)
  • The Power and Pitfalls of 3D Printing
    Boston Bar Association, Boston, Massachusetts (October 22, 2014)
  • Thinking Outside (and About) the “3D Printed” Box: 3D Printing and The Intersection of Patent, Trademark, and Copyright Law
    IPO Annual Meeting, Vancouver, Canada (September 7, 2014)
  • Behind the Scenes: Strategies for Patent Licensing and Litigation
    Embassy Suites, Frisco, Texas (June 4, 2014)
  • The Great Divide: Induced Infringement of Method/Process Claims—An Industry Divide on What’s at Stake in Limelight v. Akamai
    BIO IP Counsels Committee Conference, Palm Springs, California (April 23, 2014)
  • Patenting Emerging Technologies 3D Printing
    IPO PTO Day, Washington, District of Columbia (March 25, 2014)
  • Recent US Circuit and District Court Decisions and Trends in Paragraph IV Disputes
    Global IP Convention, Hyderabad, India (January 16, 2014)
  • Biopiracy: Fact or Fiction? International Treaty Negotiations Could Affect Your IP Rights and Your Bottom Line
    IPO Annual Meeting, Boston, Massachusetts (September 16, 2013)
  • Patent Enforcement Before the ITC The Domestic Industry Requirement
    Jackson Hole, Wyoming (May 22, 2013)
  • 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 5, 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, 2012)
  • Clean Tech Reality Check Are Green Patents the Red Herring of International Climate Change Policy
    IPO Annual Meeting, San Antonio, Texas (September 10, 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, 2008)
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