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Aaron M. Frankel represents clients in complex patent, trademark and trade secret actions before a variety of courts and tribunals across the country. A seasoned trial lawyer, Mr. Frankel is recognized for his ability to clearly explain complicated technology in a way that is understandable to a judge and the jury, and for his emphasis on storytelling.
In recent years, Mr. Frankel has represented plaintiffs and defendants, ranging from Fortune 500 companies to small startups, in litigation relating to cellular networks, semiconductor and LED devices, computer security and networking, consumer electronic devices, automobile systems, virtual and augmented reality, and a variety of other technologies. Click here for a listing of Mr. Frankel’s representative matters.
Among his most notable work, Mr. Frankel was a senior member of the trial team that obtained a $32 million patent infringement verdict against Sprint on behalf of Omaha-based Prism Technologies, a result recognized by the National Law Journal as one of the top 100 jury verdicts of 2015. He defended publishing giant Condé Nast in litigation against patent infringement, trade secret and trademark claims relating to the online versions of Vogue magazine brought by a former website vendor. Mr. Frankel successfully argued for narrow claim construction, leading to the stipulation of noninfringement on all patent claims, and secured summary judgment dismissal of all other causes of action asserted against Condé Nast. Mr. Frankel also successfully defended ATMI Inc., a manufacturer of semiconductor materials, materials packaging and materials delivery systems, against a patent infringement action by demonstrating that the plaintiff’s asserted semiconductor gas delivery patents were unenforceable due to the inventors’ inequitable conduct. He subsequently defended that finding before the Federal Circuit, resulting in a favorable global settlement.
Mr. Frankel brings his litigation experience to bear in prosecuting and defending re-examination and inter partes review proceedings before the Patent Trial and Appeal Board (PTAB); in advising clients on intellectual property licensing, diligence and transactional matters; and in patent portfolio evaluation, acquisition and management projects. Mr. Frankel frequently publishes articles on developments in intellectual property litigation and case strategy.
The Deputy Chair of Kramer Levin’s Pro Bono Committee, Mr. Frankel for more than 10 years coordinated Kramer Levin’s award-winning pro bono asylum program, and served as lead attorney or supervisor for over three dozen teams that successfully obtained asylum for refugees fleeing persecution based on their ethnicity, gender, religion or sexual orientation. He was awarded the President’s Pro Bono Service Award by the New York State Bar Association in 2008, and received a Safe Haven Award from Immigration Equality in 2006 for his work on behalf of LGBT and HIV-positive asylees. Mr. Frankel also served on the Board of Directors of Immigration Equality for four years. Mr. Frankel is frequently invited to speak regarding pro bono, including on best practices and integrating pro bono into a successful commercial practice.