Kenneth Rubenstein is co-head of the Patent Law Group and a Partner in the New York office. He also is a registered patent attorney before the U.S. Patent & Trademark Office and a former member of the legal staff at Bell Laboratories. While there are numerous patent law groups at various firms, Ken and his group distinguish themselves from competitors by being able to deal with very sophisticated technology.
Ken has been employed in the patent field since 1979, first as a trainee, then as a registered Patent Agent, and starting in 1983 as an attorney. He has experience in patent litigation, patent procurement, licensing, and technology transfer, particularly in high technology fields, such as consumer electronics, telecommunications, computers, networking, optics, audio processing, video-processing, and semiconductors. His most significant activity since 1993 has been working on patent pools.
Ken and his group have provided the following services:
Patent Evaluation and Review:
We have an extensive practice related to infringement and validity analyses of patents. In particular, we study patents submitted by companies and compare them to relevant technical standards to determine whether or not the submitted patents are infringed when implementing the respective standard.
We have unique patent licensing experience, having worked on the most complicated patent licensing programs ever undertaken. In particular, we counsel clients about the infringement by potential licensees of patents and participate in discussions with potential licensees to explain why a license for particular patents is needed. We also have assisted in the negotiation and formation of patent pools and the successful signing of licensees to pool licenses, resulting in the collection of billions of dollars in royalties.
We have vast experience in competition law as it relates to patent licensing and patent exploitation. In particular, we have appeared before the EU Director General for Competition as well as the U.S. Department of Justice Antitrust Division in connection with patent pools. We have made such appearances both to assist in obtaining a favorable negative clearance letter/business review letter, as well as to answer questions in conjunction with an investigation of a pool license by the respective regulatory authority.
We have significant patent litigation experience in both the U.S. and in other countries such as Germany and the UK, especially in cases where we represented multiple parties. In particular, we have assisted groups of multiple parties in over 15 litigations in the U.S., the UK, Germany and France. We have successfully assisted licensors in enforcing their patents, including obtaining favorable judgments and settlements.
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