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Nicholas L. Coch

Counsel

Phone: 212.715.9118 Fax: 212.715.8000 New York

Mr. Coch's practice focuses on patent, trademark, unfair competition, trade secret and copyright litigation and transactions and antitrust aspects thereof.

In his more than thirty years of practice, Mr. Coch has handled numerous complex trials, argued myriad appellate issues and has had significant experience in global and U.S. transactions involving intellectual property.

Mr. Coch and the Kramer team recently successfully defended Endo Pharmaceuticals permitting it to compete in the market for OxyContin, the highly profitable painkiller. The District Court, after previously preliminarily enjoining another competitor based on the same patents and having its decision affirmed by the Federal Circuit, found the patents unenforceable because they were procured through inequitable conduct before the PTO. Mr. Coch's varied career 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. Mr. Coch 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.  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 and in gaining reversal of a summary judgment of invalidity in Groz-Beckert v. Monarch Knitting Machinery .

Mr. Coch is a member of the American Intellectual Property Law Association, the American Bar Association and the New York Intellectual Property Law Association, where he has chaired committees and subcommittees on antitrust, inequitable conduct and patent misuse, trade secrets and FOIA. Mr. Coch is registered to practice before the U.S. Patent and Trademark Office.

Mr. Coch regularly lectures and writes on intellectual property issues. Such subjects include "Jury Trials in Patent Cases," "Preliminary Injunctions in the 1990's," "Risky Business in the Late 1990's-Tying," "The U.S. Patent System and its Challenge to Competition--Standard Setting, 2003," "Trademarks in the Global Marketplace," "Due Diligence Required of Exporters to the U.S." and "Trade Secret Considerations in Hiring, Continuing or Terminating Employees."

After serving as an officer in the U.S. Navy, Mr. Coch earned his J.D. from the New York University School of Law. Mr. Coch was a trial attorney with the United States Department of Justice, Antitrust Division, prior to commencing private practice.

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J.D., New York University School of Law, 1962
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B.S., Engineering, Columbia University School of Engineering and Applied Sciences, 1957
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A.B., Chemical Engineering, Columbia College, 1956
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New York, 1962
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U.S. Patent & Trademark Office, 1961
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District of Columbia Court of Appeals, 2001
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U.S. Court of Appeals, Federal Circuit, 1982
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U.S. Court of Appeals for the Eleventh Circuit, 1989
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U.S. Court of Appeals for the Ninth Circuit, 1976
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U.S. Court of Appeals for the Fifth Circuit, 1984
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U.S. Court of Appeals, Third Circuit, 1980
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U.S. Court of Appeals, Second Circuit, 1967
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U.S. District Court, Eastern District of Michigan, 1989
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U.S. District Court, Northern District of New York, 1977
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U.S. District Court, Southern District of New York, 1966
    -American Intellectual Property Law Association
    -American Bar Association, Member, Committee on Inequitable Conduct and Antitrust Matters, 1966-, Patent, Trademark and Copyright Law Section Committee of Patents, Trademarks and Know How, 1970-, Antitrust Law Section
    -American Corporate Counsel Association
    -Copyright Society
    -International Trademark Association
    -New York Patent, Trademark and Copyright Law Association, Member, Committee on U.S. Law and Practice, 1967-, Chairman: Subcommittee on Court Cases Involving Fraud Against the Patent Office of the Committee on Antitrust, 1969-1972, Subcommittee on Antitrust, FOIA and Trade Secrets, 1985-1988, Chairman, Committee on Antitrust Inequitable Conduct and Misuse, 1989
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