Lewis R. Clayton concentrates on intellectual property litigation and counseling at Paul, Weiss, Rifkind, Wharton & Garrison LLP, where he has been a partner since 1986. He has been chair and co-chair of the Committee on Intellectual Property of the Commercial and Federal Litigation Section of the New York State Bar Association and is co-chair of the Paul, Weiss Intellectual Property Litigation Group. He writes regular columns on intellectual property litigation for the New York Law Journal and the National Law Journal.

He has handled major litigations and counseled clients in a broad range of patent, copyright, trademark and unfair competition matters. He has handled major patent litigations, both as plaintiff and defendant, concerning patents in the cosmetics, computer and medical devices industries (among others), including successful enforcement of Revlon’s patent on its revolutionary ColorStay lipstick.   He has represented Castrol, Inc., a major marketer of motor oil, in five advertising litigations, winning federal court injunctions against the continued broadcast of competitors’ nationwide advertising campaigns. He has handled major trademark litigations for Unilever, Revlon and other significant trademark holders. In 2001, he successfully represented Unilever in a groundbreaking trade secret dispute with Procter & Gamble. He recently represented CBS in copyright litigation concerning CBS’s reality television program Survivor.

Cases representative of Mr. Clayton’s experience in technology-focused litigation include:

• Gillette v. Energizer, Civil Action No. 03 11514 (PBS) (D. Mass.), 405 F.3d 1367 (Fed. Cir. 2005) (patent infringement action concerning shaving products)
• Orasure Technologies, Inc. v. Schering-Plough Healthcare Products, Inc., Civil Action No. 2:04-CV-03507-NS (E.D. Pa.) (patent infringement action concerning cryosurgical device)
• Black & Decker (U.S.) Inc. v. The Coleman Company, Inc., Civil Action No. 96-1552-A (E.D. Va.) (patent infringement action concerning flexible flashlights)
• L’Oreal v. Revlon, 2000 U.S. Dist. LEXIS 3128 (D. Del.); 2000 U.S. Dist LEXIS 3130 (D. Del.) (patent infringement action concerning mascara brushes)
• Revlon Consumer Products Corp. v. L’Oréal S.A., 170 F.R.D. 391 (D. Del. 1997) (patent infringement action involving transfer-resistant lipsticks)
• Smithkline Beecham Corporation, et al. v. Asahi Glass Co., Ltd., Civil Action Nos. 00C 5831 and 00C 2835 (N.D. Ill.) (patent infringement action concerning pharmaceutical)
• Asahi Glass Co., Ltd. v. Pentech Pharmaceuticals, Civil Action No. 03C 3646 (N.D. Ill.) (antitrust/patent action concerning pharmaceutical)
• PTEK Holdings, Inc. v. Z-Tel Technologies, No. 8:00-cv-1148-T-30B (M.D. Fla.) (patent infringement action concerning communications software)
• Helios Pharmaceuticals, Inc. v. Mjalli, No. 3:01-CV-491-H (W.D. Ky.) (trade secret action concerning drug development company)
• Castrol, Inc. v. Pennzoil Co., 987 F.2d 939 (3d Cir. 1993) (false advertising case concerning viscosity characteristics of motor oil)
• Castrol, Inc. v. Quaker State Corp., 977 F.2d 57 (2d Cir. 1992) (false advertising case concerning flow and anti-wear properties of motor oil)