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Nicholas L. Coch

Counsel

Phone: 212.715.9118 Fax: 212.715.8000 New York

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.

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J.D., New York University School of Law, 1962
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B.S., Engineering, Columbia University Fu Foundation School of Engineering and Applied Sciences, 1957
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A.B., Columbia College, 1956  
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New York, 1962
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U.S. Patent & Trademark Office, 1961
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U.S.C.A., Federal Circuit
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U.S.C.A., 2nd Circuit
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U.S.C.A., 3rd Circuit
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U.S.C.A., 5th Circuit
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U.S.C.A., 9th Circuit
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U.S.C.A., 11th Circuit
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U.S.D.C., Eastern District of Michigan
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U.S.D.C., Northern District of New York
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U.S.D.C., Southern District of New York
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District of Columbia Court of Appeals
    -Woodward/White Inc.’s Best Lawyers (2007-2017)
    -Thomson Reuters’ New York Super Lawyers (2006-2016)
    -Lawdragon 3000 (2006)
    -Euromoney Institutional Investor PLC’s Benchmark Litigation (2008-2014)
    -Law Business Research Limited, Who's Who Legal, One of the World’s Leading Patents Lawyers (2016)
    -American Intellectual Property Law Association
    -American Bar Association, Committee on Inequitable Conduct and Antitrust Matters; Patent, Trademark and Copyright Law Section Committee of Patents, Trademarks and Know How; Antitrust Law Section
    -American Corporate Counsel Association
    -Copyright Society
    -International Trademark Association
    -New York Patent, Trademark and Copyright Law Association, Committee on U.S. Law and Practice; 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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