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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 in the life sciences, software/computer, internet and other industries on a wide range of intellectual property right issues, including patent licensing and other contract work, pre-litigation resolution of contract disputes, patent prosecution, and opinions. 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-Civ-396 (S.D.N.Y.), in which he represented 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 settled favorably for Ryko in 2011.
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).
In re Rates-Viper Patent Litigation, 09-Civ-4068 (S.D.N.Y.), in which he represented Viper Networks, Inc. in a consolidated patent infringement litigation brought by Rates Technology, Inc. regarding least-cost VOIP telephone routing technology.
Financial Systems Innovation, LLC v. Abercrombie & Fitch et al., 07-CV-122 (N.D. Ga.), in which he represented three national retail chains in a multi-defendant patent infringement suit brought by a subsidiary of Acacia Technologies, LLC over a fraud prevention feature of networked point-of-sale electronic cash register system.
Dicar et al. v. Stafford Corrugated Products, Inc., et al., 05-CV-5426 (D.N.J.), in which he currently represents plaintiffs in a patent infringement litigation regarding rotary die-cutting blanket technology.
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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Rutgers University School of Law - Newark
(J.D., 1989),
with honors, Order of the Coif, Senior Articles Editor, Rutgers Law Review
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Lafayette College
(B.A., 1982)
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U.S. District Court, District of New Jersey, Judge Alfred Wolin
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New Jersey Supreme Court, Honorable Stewart G. Pollock
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New Jersey
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New York
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United States Patent and Trademark Office
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U.S. District Court, District of New Jersey
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U.S. District Court, Eastern District of New York
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U.S. District Court, Southern District of New York
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U.S. Court of Appeals, Federal Circuit
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U.S. Court of Appeals, Third Circuit
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U.S. District Court, Northern District of New York
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U.S. Court of Appeals, Second Circuit
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- New Jersey Supreme Court Committee on Model Civil Jury Charges (1998-2002)
- Member, Rutgers Venture Advisory Council (RVAC)
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