James Galbraith has more than 35 years experience in intellectual property litigation, including trials and appeals of patent, trademark and trade secret misappropriation cases. Mr. Galbraith’s litigation practice includes a variety of technical areas. In patent litigation he has represented polymer manufacturers in cases involving plastics and catalysts, manufacturers of pharmaceuticals, agricultural chemical producers, and producers of computer products and components, including Agilent Technologies, Alliant Techsystems, Applera, Aristech Chemical, Bristol-Myers Squibb, Colgate, Hercules, Hewlett-Packard, Novartis, Syngenta, and Teva Pharmaceuticals. Mr. Galbraith also counsels clients on intellectual property issues, including validity and infringement of intellectual property rights, and the transfer of intellectual property.

Active in bar associations, Mr. Galbraith is a member of the American Bar Association, the New York Intellectual Property Law Association and the Association of the Bar of the City of New York. He has served on the Committee on Patents of the City Bar Association and has contributed to the Association’s official publication. Mr. Galbraith is an active lecturer before bar associations and industry groups on a variety of topics related to intellectual property litigation, and is a co-author of Patent Litigation, published by the Practising Law Institute. Additionally, he has received recognition from a number of ranking legal publications, including being named to U.S. News - Best Lawyers for "Litigation - Patent" (2015) and The International Who’s Who of Business Lawyers (2013).

Practices
Representative Matters

 

Appeals argued in the Court of Appeals for the Federal Circuit:

  • Procter & Gamble Co. v. Teva Pharmaceuticals USA, Inc. 566 F.3d 989 (2009)
  • Leapfrog Enterprises v. Fisher-Price, Inc. 485 F.3d. 1157 (2007)
  • Abbott Laboratories v. Teva Pharmaceuticals USA, Inc., 452 F.3d 1331 (2006) 
  • Merck & Co., Inc. v. Teva Pharmaceuticals USA, Inc. 395 F.3d 1364 (2005)
  • In re Curtis, 354 F.3d 1347 (2004)
  • Merck & Co. v. Teva Pharmaceuticals USA, Inc., 347 F.3d 1367 (2003)
  • Abbott Laboratories v. Geneva Pharmaceuticals, Inc., 182 F.3d 1315 (1999)
  • Phillips Petroleum Co. v. Huntsman Chemical Co., 157 F.3d 866 (1998)
  • Studiengesellschaft Kohle mbH v. Hercules, Incorporated, 105 F.3d 629 (1997)
  • Abbott Laboratories v. Geneva Pharmaceuticals, Inc., 104 F.3d 1305 (1997)
  • Eli Lilly and Co. v. American Cyanamid Co., 82 F.3d 1568 (1996)
  • Ciba-Geigy Corp. v. Alza, Inc., 37 U.S.P.Q.2d 1337 (1995)
  • Joy Technologies, Inc. v. Flakt, Inc., 6 F.3d 770 (1993)
  • J.P. Stevens & Co. v. Lex Tex Ltd., 887 F.2d 1047 (1984)

 

Additional Representative Trial Experience:

  • Pfizer, Inc. v. Teva Pharmaceuticals USA, Inc. (D. Del. 2011)
  • Abbott Laboratories v. Glenmark Pharmaceuticals, Inc. USA (D.N.J. 2011)
  • Procter & Gamble Co. v. Teva Pharmaceuticals USA, Inc. (D. Del. 2006)
  • SmithKline Beecham, Inc. v. Teva Pharmaceuticals USA, Inc. (D.N.J. 2005)
  • Merck & Co. v. Teva Pharmaceuticals USA, Inc. (D. Del. 2003)
  • Merck & Co. v. Teva Pharmaceuticals USA, Inc. (D. Del. 2001)
  • Cordant Technologies, Inc. v. Alliant Techsystems, Inc. (D. Del. 1998)
  • AptarGroup, Inc. v. Summit Packaging Systems, Inc. (N.D. Ill. 1997)
  • Eli Lilly and Co. v. American Cyanamid Co. (S.D. Ind. 1995)
  • Studiengesellschaft Kohle mbH v. Hercules, Incorporated (D. Del. 1994)
  • Miles, Inc. v. Cookson Pigments, Inc. (Del. Chancery 1994)
  • Joy Technologies, Inc. v. Flakt, Inc. (D. Del. 1992)
  • Bristol-Myers Squibb Co. v. Kalipharma, Inc. (D.N.J. 1990)
  • In re Certain Cefadroxil Monohydrate (U.S. International Trade Comm’n 1990)
  • Phillips Petroleum Co. v. United States Steel Co. (D. Del. 1986)
  • Polaroid Corp. v. Eastman Kodak Co. (D. Mass. 1981)
Bar and Court Admissions
  • New York
  • Registered Patent Attorney: U.S. Patent and Trademark Office
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Federal Claims
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Western District of New York
  • U.S. Supreme Court
Professional Organizations

The American Bar Association; the New York Intellectual Property Law Association; the Association of the Bar of the City of New York