Second Circuit Denies En Banc Rehearing of Stored Communications Act Decision in Microsoft Case
Advertising Litigation Report: Vol. 2, No. 1
Nicholas L. Coch counsels and represents clients in patent, trademark, unfair competition, trade secret and copyright litigation and transactions, with a particular focus on antitrust. An accomplished advocate, in his more than 40 years of practice, Mr. Coch has handled numerous complex trials and argued myriad appellate issues, and has advised on and handled significant global and U.S. transactions involving intellectual property.
Among his more notable work, Mr. Coch successfully defended Endo Pharmaceuticals in a patent action, permitting the company to compete in the market for OxyContin, the highly profitable painkiller. After previously enjoining another competitor based on the same patents (a decision affirmed by the Federal Circuit), the district court found the patents unenforceable because the holder procured them through inequitable conduct before the U.S. Patent and Trademark Office. Mr. Coch was also lead attorney in successfully obtaining back-to-back preliminary injunctions in patent litigations in Genentech v. Novo Nordisk and in Genentech v. Bio-Technology General (involving process patents covering recombinant human growth hormone).
Mr. Coch’s varied career also includes defending the Associated Press in Kregos v. The Associated Press, a copyright infringement action that was among the first to amplify the Supreme Court’s Feist decision concerning the copyrightability of databases. He was also the lead attorney in Keene v. Paraflex and Coach House v. Coach and Six, which clarified the trademark law of aesthetic functionality and acquiescence, respectively, and gained reversal of a summary judgment of patent invalidity in Groz-Beckert v. Monarch Knitting Machinery (involving patents related to knitting machines).
Mr. Coch served as an officer in the U.S. Navy before attending law school. He was a trial attorney with the United States Department of Justice, Antitrust Division.