2013 Copyright Litigation / Internet Infringement
The firm's Tim Bukher wins major copyright decision against four of the largest
US textbook publishers. Dismissing 71 out of 74 claims on summary judgment, the
court held that copying of unregistered derivative works does not infringe the copyrights
of the registered originals when the derivatives reproduce no protected material
from the originals. Pearson Education, Inc., et al. v. Frances, 11-cv-6081 (S.D.N.Y.,
April 3, 2013).
2012 Patent Litigation
The firm's Anthony Handal and David Dushane obtain a major jury award, with an additional
judgment of $200k in attorneys' fees, in the Central District of California involving
the infringement of smoking pipe technology. Lee v. Mike’s Novelties, 10-cv-02225
(DC CD Cal. 2012).
2010 Patent Prosecution
The Handal & Morofsky litigation team succeeds in obtaining protection for an innovative
treatment for uterine fibroids after appearing for oral argument before a three
member panel at the European Patent Office on behalf of U.S. healthcare innovator
2009 Intellectual Property Litigation (Patent and Trademark)
Anthony Handal represents Dayco in action against Dorman Products. The action is
based on Dorman’s alleged mimicking of the look of Dayco automotive aftermarket
belt tensioners and seeks to enjoin use of Dorman’s trademark as deceptive.
2008 Patent Litigation
United States Supreme Court petition for certiorari filed to challenge the doctrine
of specific preclusion as inconsistent with the flexible bar mandated by Festo in
2005 Fashion / Copyright Litigation
Anthony Handal succeeds in obtaining Second Circuit decision overruling the Learned
Hand precedent which had previously denied copyright protection to clothing. See,
Chosun Int’l v. Chrisha Creations, Ltd., 413 F.3d 324 (2nd Cir. 2005).
1999 Trademark Litigation
Handal & Morofsky obtains summary judgment against Hermes International, preventing
it from enforcing alleged trade dress rights in several of its leading handbags,
including the legendary “Kelly” bag popularized by Princess Grace of Monaco.
1994 Patent Prosecution
Handal & Morofsky represents Hoechst Celanese in patent contest involving rights
to the radar-transparent aircraft fuselage material employed in the Stealth bomber.
1992 Tech Patent & Corporate
Handal & Morofsky represents the founders of the professional site WebMD to patent
their service and later helps implement a $175 million buyout.