As counsel in the Litigation Department, Steven Herzog focuses on litigation and counseling in a broad range of civil matters, with an emphasis on patent, antitrust and other complex commercial matters. He has argued appeals and handled all phases of pre-trial and trial work in federal and state courts throughout the country, as well as before arbitral tribunals.

Mr. Herzog has extensive experience in intellectual property litigation, including patent, trade secret, copyright and trademark litigation, as well as antitrust and other litigation involving complex technological and economic issues.

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

Computer Software:

• System Management Arts v. Avesta Technologies, 87 F. Supp.2d (S.D.N.Y. 2000); (patent infringement action concerning network management software)
  
  
• PTEK Holdings, Inc. v. Z-Tel Technologies, No. 8:00-cv-1148-T-30B (M.D. Fla.); (patent infringement action concerning communications software)
  
  
• World Interactive Network, Inc. v. Advanced Total Systems, Inc., Case No: 00-15814 CA11 (Fla. Circuit Ct.); (trade secrets case concerning computer software code)

Consumer Products:

• Gillette v. Energizer, Civil Action No. 03 11514 (PBS) (D. Mass.); (patent infringement action concerning shaving products)
  
  
• 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)

Pharmaceuticals:

• Boehringer Ingleheim Vetmedica Inc. v. Schering-Plough Corp., Civil Action No. 96-04047 (HAA) (D.N.J.); (patent infringement action concerning vaccine)
  
  
• 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)

Medical Products:

Orasure Technologies, Inc. v. Schering-Plough Healthcare Products, Inc., Civil Action No. 2:04-CU-03507-NS (E.D.Pa.) (patent infringement action concerning cryosurgical device)


Becton Dickinson & Company v. Unipath, Case No. 93-346 Civ. 5-H (E.D.N.C.); (patent infringement action concerning home pregnancy tests)


Retractable Technologies, Inc. v. Becton Dickinson & Company, Case, C.A. 5:01-CV-036 (E.D. Tex.); (antitrust action concerning syringes and blood collection devices)

Electrical Products:

• Mitusbishi Heavy Industries, Ltd. v. Siemens Westinghouse Power Corporation, 6:01-cv-Orl-28JGG (M.D. Fla.); (contract action involving failure of electrical generator)

Mr. Herzog has also represented music publishers in both the defense and prosecution of claims alleging copyright infringement; a consumer products company in a trademark case involving a skin cream; a major cruise line in class action lawsuits brought in eight different states challenging the manner in which the cruise line charged its passengers; a large broker-dealer in claims arising from the 1993 bombing of the World Trade Center; a Japanese maker of turbines in a dispute involving the failure of an electrical generator in China; a New York investment bank in a lawsuit to enforce a contract for the sale of bank debt; a New York real estate developer in a partnership dispute involving the construction of a Manhattan office tower; and successfully represented two death-sentenced inmates challenging death sentences in Texas and Nevada.

Mr. Herzog served as articles editor for the New York University Law Review. He is a member of the American Bar Association.