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  THEODORE K. CHENG    
Phone 212.969.3576
tcheng@proskauer.com
 
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NAPABA's Best Lawyers Under 40 - Leadership in Action

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New York Office:
1585 Broadway
Fax 212.969.2900

Practice Areas:
Copyright
Intellectual Property
Litigation
Trademark & False Advertising
Patent Law
Education:
NEW YORK UNIVERSITY SCHOOL OF LAW, J.D., 1997
HARVARD UNIVERSITY, A.B., CUM LAUDE, 1991
 
Bar Admissions:
05/04/1998 NEW YORK
01/08/1999 DISTRICT OF COLUMBIA
 
Court Admissions:
1998 U.S. COURT OF APPEALS, SECOND CIRCUIT
1998 U.S. DISTRICT COURT, NEW YORK, EASTERN DISTRICT
1998 U.S. DISTRICT COURT, NEW YORK, SOUTHERN DISTRICT
1999 U.S. DISTRICT COURT, NEW YORK, NORTHERN DISTRICT
2001 U.S. COURT OF APPEALS, THIRD CIRCUIT
2003 U.S. COURT OF APPEALS, SEVENTH CIRCUIT
2003 U.S. COURT OF APPEALS, NINTH CIRCUIT
2005 SUPREME COURT OF THE UNITED STATES
2006 U.S. COURT OF APPEALS, SIXTH CIRCUIT
 
Bar Affiliations:
ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK, MEMBER, 1999 - PRESENT
FEDERAL BAR COUNCIL, MEMBER, 2006 - PRESENT
ASIAN AMERICAN BAR ASSOCIATION OF NEW YORK, DIRECTOR, 2004-2005, 2006-2007
ASIAN AMERICAN BAR ASSOCIATION OF NEW YORK, RECORDING SECRETARY, 2005-2006
ASIAN AMERICAN BAR ASSOCIATION OF NEW YORK, JUDICIAL AFFAIRS COMMITTEE (MEMBER, 2001-PRESENT; VICE-CHAIR, 2004-2005; CO-CHAIR, DEVELOPMENT SUBCOMMITTEE, 2005-2006)
ASIAN AMERICAN BAR ASSOCIATION OF NEW YORK, LITIGATION COMMITTEE (MEMBER, 2004 - PRESENT; CO-CHAIR, 2001-2004)
ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK, CIVIL RIGHTS COMMITTEE, 2007 - PRESENT
ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK, MODERATE MEANS COMMITTEE, 2001-2003
FEDERAL BAR COUNCIL, SECOND CIRCUIT COURTS COMMITTEE, MEMBER, 2007 - PRESENT
 
Other Affiliations:
THE COPYRIGHT SOCIETY OF THE U.S.A. (2006 - PRESENT)
NEW YORK STATE COMMISSION ON INCREASING DIVERSITY IN THE STATE GOVERNMENT WORKFORCE, MEMBER, 2007 - PRESENT
AMERICAN INTELLECTUAL PROPERTY LAW ASSOCIATION, MEMBER, 2007 - PRESENT
NEW YORK INTELLECTUAL PROPERTY LAW ASSOCIATION, MEMBER, 2007 - PRESENT
 
Honors and Awards:
ORDER OF BARRISTERS AWARD (NATIONAL HONOR FOR MOOT COURT ABILITY AND SERVICE, 1997)
NORMAN S. OSTROW AWARD (OUTSTANDING DEDICATION TO THE MOOT COURT BOARD, 1997)
DAVID FRIEDMAN MEMORIAL AWARD (OUTSTANDING ACHIEVEMENT IN EVIDENCE, 1997)
2007 NATIONAL ASIAN PACIFIC AMERICAN BAR ASSOCIATION BEST LAWYERS UNDER 40 AWARD
 
Biography: Untitled Document

Theo Cheng is engaged in all aspects of the firm’s litigation practice, with particular emphasis on patent litigation and other intellectual property cases.  Over the years, he has handled a broad array of complex litigation matters involving patents, copyrights, trademarks, bankruptcy, securities, employment, trade secrets, white collar criminal defense, and general commercial disputes for clients in the high-tech, consumer products, medical devices, financial services, pharmaceutical, and entertainment industries.  His notable matters have included managing all aspects of copyright infringement actions brought by songwriters and music publishers against unlicensed peer-to-peer Internet file sharing companies Napster and Grokster; resolving copyright and trademark disputes over the unauthorized use of a corporate name and intellectual property; providing DMCA advice and consultation to a multimedia client in connection with potential acquisitions; second-chairing a patent damages jury trial over an animal vaccine manufactured by a pharmaceutical client; and handling various aspects of research analyst investigations, settlements, and litigations for a financial services client.
Theo also maintains an active and varied pro bono docket, representing clients in intellectual property and civil rights matters. 

For example, he recently first-chaired a federal jury trial that resulted in significant compensatory and punitive damages awards for an immigrant domestic worker seeking back wages.  On several occasions, Theo has also been appointed a special prosecutor by the New York County and Kings County District Attorney’s Offices to handle criminal appeals.  He was appointed in April 2007 by then former New York Governor Eliot Spitzer to the New York State Commission on Increasing Diversity in the State Government Workforce.  In November 2007, Theo was recognized as one of the Best Lawyers Under 40 by the National Asian Pacific American Bar Association.

Theo previously served as a law clerk to the Honorable Julio M. Fuentes (U.S. Court of Appeals, Third Circuit) and the Honorable Ronald L. Buckwalter (U.S. District Court, Eastern District of Pennsylvania).  At New York University School of Law, he served as editor-in-chief of the Moot Court Board.  He received an A.B. cum laude in Chemistry and Physics from Harvard University. Theo has also published in the areas of individual and civil rights, constitutional rights, and evidence and is an active member of several bar association committees.
 
   
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