Mr. Wagner has been litigating trademark, advertising and other unfair competition suits for over 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. Mr. Wagner has also published and spoken widely on many Lanham Act topics.
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.
Along with Harold Weinberger, in 2009 Mr. Wagner represented PBM Products in its suit against Mead Johnson, obtaining one of the largest jury verdicts ever in a Lanham Act false advertising case.
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
- PBM Products v. Mead Johnson, 639 F.3d 111 (4th Cir. 2011)
- Schering Plough v. Neutrogena, 2011 U.S. Dist. LEXIS 61165 (D. Del. June 8, 2011)
- In re Answers Corp. Shareholders Litigation, 2011 Del. Ch. LEXIS 57 (Del Ch. Apr. 5, 2011)
- AstraZeneca v. TAP, 444 F. Supp. 2d 278 (D. Del. 2006)
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In re Siliconix Inc. Shareholders Litigation, 2001 Del. Ch. LEXIS 83 (Del. Ch. June 19, 2001)
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Johnson & Johnson v. Ciba Corp., 398 F. Supp. 2d 185 (S.D.N.Y. 2004)
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Zeneca v. Eli Lilly, 1999 WL 509471 (S.D.N.Y. 1999)
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Mobius Management Systems v. Fourth Dimension Software, 880 F. Supp. 1005 (S.D.N.Y. 1994)
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American Home Prods. v. Procter & Gamble, 871 F. Supp. 739 (D.N.J. 1994)
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Sandoz v. Richardson-Vicks, Inc., 902 F.2d 222 (3d Cir. 1990)