Attorneys serving Massachusetts, Rhode Island

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Howard J. Susser

Partner

Office Phone: 617.345.3738
Location: Boston, MA
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Practice:

Chair IP Litigation, Intellectual Property
Business Litigation
International Practice
Life Sciences
Science & Technology

Bar Admissions:

Massachusetts
New Jersey
New York
U.S. Patent and Trademark Office

Experience:

Howard Susser has extensive experience in litigation involving patent, trademark, false advertising, unfair competition, copyright, licensing, trade secret, employment, and antitrust laws.

Mr. Susser has represented clients in computer hardware and software, telecommunications, electronics, Internet, e-commerce, pharmaceutical, biotech, medical device, chemicals and numerous other high- and low-technology industries as to intellectual property and related matters.

In addition to litigating intellectual property cases throughout the U.S., Mr. Susser has conducted numerous commercial arbitration and mediation proceedings involving intellectual property. He regularly counsels clients in complex business transactions involving intellectual property assets, including drafting and negotiating research and development, sales, and license agreements, and supporting M&A, funding rounds, and other due diligence.

Mr. Susser also counsels clients regarding patent prosecution, and has conducted United States Patent & Trademark Office proceedings, including patent reexaminations and interferences, and trademark oppositions and cancellations.

Significant Cases:

Lead counsel in patent infringement litigation involving database management systems and web based spreadsheet services
Lead counsel for plaintiff in patent infringement suit on cell phone communication protocols
Lead counsel for plaintiff in patent infringement suit on cable television communication protocols
Counsel for plaintiff in patent infringement suit on 3-D scanning metrology devices
Counsel for defendant in products liability suit on oscillators for low-noise block down converters
Counsel for defendant weapons accessories manufacturer in contract and trade secret suit
Lead counsel for plaintiff in patent infringement suit on 3D virtual television graphics software and hardware
Lead counsel for defendant in patent infringement suit on plastic injection molding container manufacturing
Lead counsel for large international fuel additives defendant in false advertising suit on petroleum dyes
Counsel for plaintiff in patent infringement suit on crystalline forms of pharmaceuticals and processes
Lead counsel for plaintiff in trademark, unfair competition suit regarding national food products
Counsel for laser printer manufacturer in several patent infringement suits
Counsel for defendant home goods manufacture in copyright suit involving web and brochure photographs
Lead counsel for defendant energy technology company in contract and trade secret suit on natural gas compression technologies
Counsel for plaintiff in trademark infringement and dilution suit over international fashion products
Lead counsel for national men’s magazine in trademark infringement suit
Lead counsel for defendant in patent infringement suit on uninterruptible power supplies
Lead counsel for plaintiff in patent infringement suit on printed circuit boards and manufacture process
Lead counsel for defendant in patent infringement suit on automated insurance underwriting software
Counsel for plaintiff in unfair competition suit on MRI contrast agents
Counsel for plaintiff in patent and trade secret suit on ballistic armor manufacture
Counsel for defendant in patent infringement suit on medical catheters
Counsel for plaintiff in patent infringement suit on industrial catalytic processes
Counsel for plaintiff in ANDA litigations on pharmaceuticals
Counsel for plaintiff in patent infringement actions on PTFE medical devices

Memberships:

American Bar Association, Vice- Chair, Intellectual Property Litigation Sub-Committee; Business Law Section and Business and Litigation Committee
Boston Bar Association

Additional Information:

Mr. Susser has practiced in numerous federal and state courts throughout the US.
While attending George Washington University, Howard served as a full-time Intern for the Honorable Chief Judge Helen Nies of the U.S. Court of Appeals for the Federal Circuit.
While at Rutgers University, Mr. Susser was a J.J. Slade Scholar.

Education:

J.D., George Washington University
B.S., with High Honors, Chemical Engineering, Rutgers University

Quotes:

10/20/2010, PharmaWire - Roche could see advantage with respect to generic inequitable conduct arguments in Boniva trial
Howard Susser was quoted in this article by Sasha B. Coffiner.
10/8/2010, PharmaWire - Sanofi-Aventis has uphill climb to prevail on Taxotere patent litigation appeal
Howard Susser was quoted in this article by Sasha B. Coffiner.
9/21/2010, PharmaWire - Teva likely to prevail on indefiniteness at Copaxone trial, but may face enablement issues
Howard Susser was quoted in this article by Sasha B. Coffiner.
9/16/2010, PharmaWire - Otsuka/BMS's Abilify: Strong inequitable conduct challenge presented by generics at trial faces uphill battle
Howard Susser was quoted in this article by Sasha B. Coffiner.
8/30/2010, PharmaWire - Teva/Cubist patent litigation over Cubicin could be closely fought, attorneys say
Howard Susser was quoted in this article by Sasha B. Coffiner.
7/9/2010, PharmaWire - Sepracor faces uphill battle against generic challengers in Lunesta litigation on claim construction, infringement
Howard Susser was quoted in this article by Sasha B. Coffiner.
7/7/2010, PharmaWire - Myriad's BRAC Analysis method claims more likely to be found patentable on appeal based on Supreme Court's Bilski decision
Howard Susser was quoted in this article by Sasha B. Coffiner.
6/1/2009 - The Reel Truth: Everything You Didn't Know You Need to Know About Making an Independent Film
Howard Susser was quoted extensively in this book by Reed Martin.
2/18/2009, BusinessWeek - Facebook's Fine-Print Fiasco
Howard Susser was quoted in this article by Douglas MacMillan.
3/27/2007, InfoWorld - Unified Under Law
Howard Susser was quoted in this article by Ephraim Schwartz.
6/6/2006, www.technewsworld.com - Net2Phone Goes After Skype With New Patent Suit
Howard Susser was quoted in this article by Erika Morphy.
4/26/2006, MacNewsWorld - Burst.com wants a Piece of Apple
Howard Susser was quoted in this article by Erika Morphy.
3/31/2006, Lawyers Weekly - U.S. Supreme Court hears argument in case that could change face of patent law
Howard Susser was quoted in this article by Susan R. Miller.
1/31/2006, New England In-House - Supreme Court Could Change Face of Patent Law
Howard Susser was quoted in this story by Susan R. Miller in regards to eBay v. MercExchange.
2/28/2005, Massachsuetts Lawyers Weekly - "Ken's Steak House Dispute is Settled"
Howard Susser was quoted in the article.
2/18/2005, MetroWest Daily News - "Family Trademark Feud Nears End: Ken's Steak House, Ken's Foods Announce Settlement on Eve of Trial"
Howard Susser was quoted in the article.

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Recent Articles and Publications:

Changing the Focus of the Patent Damages Case
Business Law Today, November/December 2009

Contentious Changes to US Patent Law Looming
Vantage, WPI Venture Forum, May 2009

Broad Copyright Protection Extended To Corporate Training Materials, Even "Aggressively Vapid" Ones!
Intellectual Property Update, April 2009

Who Owns an Employee's Invention?
BSCES News - Boston Society of Civil Engineers Section / ASCE, March 2008

View more articles and publications

Speaking Engagements:

West LegalEdcenter Webinar, 6.22.2011
Role: Speaker
Topic: Patent Infringement after the Global-Tech Supreme Court Decision

"Intellectual Property and Technology Commercialization", 4.15.2008
Location: Technology Center, The University of Texas at San Antonio
Role: Presenter
Jesse Erlich spoke on Intellectual Property, Government Rights in IP and Export Control Laws Under Government Contracts, and Licensing. Howard Susser spoke on Enforcement of IP Rights. This program was hosted by the Institute for Economic Development - Small Business Development Center.

SBANE - Cutting Edge Series, 3.6.2008
Location: Doubletree Hotel, Waltham from 7:30 - 9:30
Role: Invited Speaker
Topic: Protecting the Crown Jewels: Your Intellectual Property Assests
This seminar will deliver practical, real-world information you can use to create an effective IP strategy that achieves your business objectives.

American Bar Association Committee Forum, 8.12.2007
Role: Speaker
Topic: Important Patent Law Developments for the Business Lawyer

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