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MELVIN C. GARNER
PARTNER
Direct Dial: 914.821.8005
Garner@LeasonEllis.com
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PROFESSIONAL PROFILE:
MELVIN C. GARNER
specializes in the procurement and litigation of patent, trademark,
trade secret and copyright matters involving various technologies
including laser applications, video circuits, cellular telephones,
office products, medical products and computer hardware and
software. Mr. Garner's clients range from Fortune 500 and Forbes
International 500 corporations such as Pitney Bowes, Carl Zeiss and
Sanyo to small and mid-sized companies.
Mr. Garner represents both plaintiffs and defendants in a wide range
of intellectual property litigation matters. He was lead counsel for
the plaintiff in a case in which patents on dental implants were
asserted. After defeating five summary judgment motions by the
defendants, he successfully negotiated a settlement worth over
$5,000,000 for the inventors. He has, for example, successfully
registered a trademark in a shape that was previously the subject of
a utility patent and was later able to enforce that trademark in a
litigation against an infringer. Mr. Garner has also defended a
major media company against charges of unfair business practices in
a dispute over a computer software development contract.
Mr. Garner also frequently provides infringement opinions for
potential plaintiffs, non-infringement opinions for potential
defendants and validity opinions for both litigants and inventors.
For example, he helped one client, which was operating under a
burdensome patent license, to develop and patent its own technology.
As a result of Mr. Garner's strategy, the client was able to avoid
the patent covered by the license and the original licensor was
forced to become a licensee of his client and pay an even larger
royalty.
Mr. Garner has appeared as an expert witness in key trials
throughout the United States and frequently lectures on a variety of
technology-related legal issues. He is a Past President of the New
York Intellectual Property Law Association and of the American
Intellectual Property Law Association, and a board member of the
National Inventors Hall of Fame. Mr. Garner is also a founder and
executive member of the Hon. William C. Conner Inn. Mr. Garner is
listed in Euromoney's Guide to the World's Leading Patent Law
Experts; Who's Who Legal - Patents; New York Super Lawyers,
Intellectual Property, 2007 and as a Finalist, Lawdragon 500 Leading
Lawyers in America, 2007. Mel has also been a commentator on patent
issues, CNBC television program "Power Lunch."
BAR ADMISSIONS
New York
Registered to practice before U.S. Patent and Trademark Office
COURT ADMISSIONS
United States Supreme Court
U.S. Court of Appeals 2nd Circuit
U.S. Court of Appeals Federal Circuit
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