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Marcus A. Colucci

Associate

Phone: 212.715.9148 Fax: 212.715.8000 New York

Mr. Colucci is a member of Kramer Levin’s Intellectual Property Group. His practice primarily involves litigation matters, focusing on intellectual property as well as general commercial disputes. His litigation experience includes complex patent infringement actions involving satellite radio devices and services, telecommunication devices and services, digital imaging technology, medical devices, and Hatch-Waxman Act based disputes. Mr. Colucci’s practice also includes negotiating and drafting technology and licensing agreements.

Representative cases include: 

  • Graceway Pharm., LLC, et al. v. Perrigo Co., et al., Civil Action No. 10-cv-937 (D.N.J.) – Defending Nycomed US Inc. in a patent infringement action relating to imiquimod cream, 5%.
  • WABCO Holdings Inc. v. Bendix Commercial Vehicle Sys. LLC, Civil Action No. 09-cv-3179 (D.N.J.) – Representing WABCO in a patent infringement action relating to air compressors.
  • Bendix Commercial Vehicle Sys. LLC, et al. v. WABCO Auto. Control Sys., Inc., et al., Civil Action No. 09-cv-177 (N.D. Ohio) – Defending WABCO in a patent infringement action relating to air disc brakes.
  • Lear Corp. v. TS Tech USA Corp., et al., Civil Action No. 09-cv-993 (S.D. Ohio) – Defending TS Tech in a patent infringement action relating to active headrests for vehicle seats.
  • Keystone Autonics Inc. v. Sirius XM Radio Inc. (E.D. Tex.) — Defended Sirius XM Radio in a patent infringement action relating to over-the-air activation of radio devices brought by a “non-practicing entity” in the U.S. District Court for the Eastern District of Texas, resulting in “walk-away” stipulation of dismissal by plaintiff patentee after a decisive claim construction ruling. 
  • Broadcast Data Retrieval Corp. v. Sirius Satellite Radio Inc. (S.D.N.Y.) — Defended Sirius Satellite Radio in a patent infringement action relating to over-the-air transmission of display data brought by a subsidiary of Acacia Research, resulting in a “walk-away” stipulation of dismissal by plaintiff patentee. 
  • Gebre v. Sirius Satellite Radio (D. Utah) — Defended Sirius Satellite Radio in a patent infringement action relating to the integration of traffic data with GPS navigation systems, resulting in a favorable settlement.
  • Savient Pharmaceuticals Inc. v. Barr Labs. (D.N.J.) — Represented Savient Pharmaceuticals in an ANDA patent litigation, resulting in a favorable settlement. 
  • Praxair, Inc. and Praxair Technology, Inc. v. ATMI, Inc. and Advanced Technology Materials, Inc. (D. Del.) — Obtained for ATMI a summary judgment of invalidity for indefiniteness against one patent (231 F.R.D. 457) and showed that the two remaining patents were unenforceable due to inequitable conduct. 489 F. Supp. 2d 387. The Federal Circuit affirmed the inequitable conduct ruling against one patent and remanded the other two patents for further proceedings after significantly narrowing the claim construction in ATMI’s favor. Nos. 2007-1483 (Fed. Cir. September 29, 2008).
  • Midsummer Fin. Prods., Inc. v. Rapid Filing Servs. (N.Y. Sup. Ct.) — Defended Rapid Filing Services, a startup Internet-based tax preparation company, in an action based on theft of trade secrets. Prior to making an entry of appearance in the case, Rapid Filing Services was crippled by a temporary restraining order during the middle of tax season. After entering the case, successfully vacated the temporary restraining order and then obtained an award of costs and dismissal of all claims against our client.

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J.D., Northwestern University School of Law, 2002
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B.A., Biology, summa cum laude, Manhattanville College, 1997
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New York, 2003
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U.S. District Court, Southern District of New York, 2003
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U.S. District Court, Eastern District of New York, 2003