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Jonathan M. Wagner
Partner

Mr. Wagner has been litigating trademark, advertising and other unfair competition suits for more than 20 years. He has litigated matters for the firm’s major intellectual property clients, including Procter & Gamble, Johnson & Johnson, Liz Claiborne and AstraZeneca, as well as for other smaller and medium sized clients, including software firms, consumer products companies and retailers. Mr. Wagner has extensive trial experience in the Lanham Act field.

Among the cases Mr. Wagner has litigated which have resulted in significant decisions under the Lanham Act are Sandoz v. Richardson-Vicks, Inc., 902 F .2d 222 (3d Cir. 1990); American Home Prods. v. Procter & Gamble, 871 F. Supp. 739 (D.N.J. 1994); Mobius Management Systems v. Fourth Dimension Software, 880 F. Supp. 1005 (S.D.N.Y. 1994); Zeneca v. Eli Lilly, 1999 WL 509471 (S.D.N.Y. 1999); Johnson & Johnson v. Ciba Corp., 348 F Supp. 2d 185 (S.D.N.Y. 2004), AstraZeneca v. TAP, 444 F. Supp. 2d 278 (D. Del. 2006); Schering-Plough v. Neutrogena, 642 F. Supp. 2d 304 (D. Del. 2009); Playtex Products v. Procter & Gamble, 635 F. Supp. 2d 313 (S.D.N.Y. 2009); and several other major matters.

Mr. Wagner also has extensive experience litigating complex commercial litigation, including securities, class action, and distressed-debt litigation. He litigated In re Siliconix Inc. Shareholders Litigation, 2001 Del. Ch. LEXIS 83 (Del. Ch. June 19, 2001), a landmark decision concerning the scope of the duties owed by a majority shareholder to minority shareholders in the tender offer context.

Representative Matters 

  • AstraZeneca v. TAP, 444 F. Supp. 2d 278 (D. Del. 2006) 
  • In re Siliconix Inc. Shareholders Litigation, 2001 Del. Ch. LEXIS 83 (Del. Ch. June 19, 2001) 
  • Johnson & Johnson v. Ciba Corp., 398 F. Supp. 2d 185 (S.D.N.Y. 2004) 
  • Zeneca v. Eli Lilly, 1999 WL 509471 (S.D.N.Y. 1999)
  • Mobius Management Systems v. Fourth Dimension Software, 880 F. Supp. 1005 (S.D.N.Y. 1994) 
  • American Home Prods. v. Procter & Gamble, 871 F. Supp. 739 (D.N.J. 1994) 
  • Sandoz v. Richardson-Vicks, Inc., 902 F.2d 222 (3d Cir. 1990)

Education
J.D., Columbia Law School, 1983
  • Editor, Columbia Law Review, 1982-1983
  • Harlan Fiske Stone Scholar, 1980-1983
  • Recipient, Whitney North Seymour Medal
B.A., with high honors, Phi Beta Kappa, Haverford College, 1980

Clerkships
Judge Charles P. Sifton, U.S. District Court, Eastern District of New York, 1983 - 1984

Bar Admissions
New York, 1984

Court Admissions
U.S. Supreme Court
U.S. Court of Appeals, Second Circuit
U.S. District Court, Western District of New York
U.S. District Court, Southern District of New York
U.S. District Court, Eastern District of New York
U.S. District Court, Eastern District of Michigan

Professional Affiliations
New York City Bar Association, Member, Committee on Trademark and Unfair Competition, 1997-2000
American Bar Association