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Stephen R. Buckingham has more than twenty years of experience litigating matters involving intellectual property and technology, at the trial and appellate levels, in both federal and state courts. Steve has litigated many matters involving patents, copyrights, trademarks, breaches of licenses and other agreements, as well as related common law torts. He also represents and counsels clients on a wide range of intellectual property right issues, including licensing agreements and disputes, and technology transfers. Steve is a member of the firm’s Intellectual Property Litigation and Tech groups, and is an Adjunct Professor at Rutgers University Law School where he teaches patent claim drafting.
Some of Steve's recent matters include:
The Zappa Family Trust v. RykoDisc, Inc., 08-396 (S.D.N.Y.), in which he currently represents RykoDisc, a subsidiary of Warner Music Group, in a case involving copyright and trademark infringement, breach of contract and related claims brought by the estate of Frank Zappa, which alleges that RykoDisc has marketed certain Zappa recordings in manners not permitted under the agreement pursuant to which RykoDisc acquired exclusive rights to exploit the Frank Zappa record catalog, and has failed to properly account for mechanical royalties. The case is expected to be tried to a jury in 2010.
Joyal Products Inc. v. Johnson Electric Industrial Manufactory, Ltd., 04-5172 (D.N.J.), in which he represented a patent owner in an infringement suit against an international manufacturing conglomerate regarding technology used in the production of motors. After obtaining a jury verdict for our client at trial, convincing the court to triple the damages amount, and then successfully defending an appeal to the Federal Circuit, Steve negotiated a $20 million settlement for our client, which exceeded the amount of the judgment.
Wright Medical Technologies Inc. v. LifeCell Corp., (2007 AAA Arbitration), in which he defended LifeCell in an arbitration brought by Wright Medical, in which it claimed that it was entitled under a license agreement to exclusive distribution rights to LifeCell's new xenograft tissue product. LifeCell prevailed on all counts following a five day evidence hearing before the arbitrator.
Gucci America, Inc. v. Daffy's Inc., 00-463 (D.N.J.), in which he represented Daffy's against trademark infringement and counterfeiting claims. After a bench trial, the court found Daffy's to be an innocent infringer, and denied Gucci's requests for an accounting of profits, a recall and a permanent injunction. Steve successfully defended the judgment on appeal, reported at Gucci America, Inc. v. Daffy's, Inc., 354 F.3d 258 (3d Cir. 2003).
Financial Systems Innovation, LLC v. Abercrombie & Fitch et al., 07-CV-122 (N.D. Ga.), in which he currently represents three national retail chains in a multi-defendant infringement suit brought by a subsidiary of Acacia Technologies, LLC over a fraud prevention feature of networked point-of-sale electronic cash register system.
Paramount Pictures Int'l et al. v. KirchMedia GmbH & Co. et al., Index No. 603597/01 (New York Supreme Court, New York County), in which he represented a German media company and defeated an expedited attachment action seeking to attach more than $100 million in intangible copyrights in films and visual works.
Creative Group Marketing v. Hasbro, Inc. et al., 02-1986 (D.N.J.), in which he defended the estate of the deceased inventor of the "Super Soaker" water gun against claims of theft of ideas and trade secret misappropriation, and obtained summary judgment dismissing all claims against our client.
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Lowenstein Sandler is highlighted for winning a significant patent infringement judgment for client Joyal Products, Inc. against the international motor manufacturing conglomerate Johnson Electric. The judgment reflected an award of treble damages and attorneys' fees based on willful infringement, as well as a permanent injunction and post-judgment royalties of 26% of gross revenues. David Harris and Stephen Buckingham led the Lowenstein team.,
IP Today, New Jersey Law Journal, Trial.com, March 2009
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David W. Field and Stephen R. Buckingham featured for defending, pro bono, 52 laid-off factory workers who had a $2.26 million default judgment entered against them unknowingly by their employer in an effort to avoid workers compensation claims.,
The Star Ledger, April 12, 2007
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Stephen R. Buckingham quoted in an article about the importance of protecting intellectual property to prevent the production and sale of knock-off products.,
Business Week SmallBiz, March 21, 2005
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