James J. Kozuch

Related Representative Matters

• Served as an arbitrator in a case in the process control field with claims for alleged breaches of a non-compete clause in a shareholders agreement and cross claims for alleged breaches of fiduciary duty and breaches of contract.
• Served as an arbitrator in a case involving inventorship, ownership of patents, and ownership of downhole production tools developed for the oil & gas industry.
• Served as a sole arbitrator in two royalty dispute cases involving oil & gas leases in the Marcellus Shale gas play
• Served as an arbitrator in a dispute over alleged breaches of a license agreement for proprietary rights relating to cannabis transdermal patches, plus counterclaims for fraud and tortious interference
• Represented six generic pharmaceutical manufacturers in eleven ANDA litigations in five jurisdictions (DE, NJ, NY, IL, PA)
• Prepared memorandum on patent infringement damages for pharmaceutical client and assisted in decision which saved hundreds of millions of dollars
• Successfully represented generic pharmaceutical company in ANDA litigation involving Niaspan® (niacin extended release)
• In re ‘318 Patent Litigation, 578 F.Supp.2d 711 (D. Del. 2008), aff’d, 583 F.3d 1317 (Fed. Cir. 2009). Represented one of generic manufacturers in a patent infringement suit filed under 35 U.S.C. § 271(c)(2) regarding ANDA filing for an Alzheimer’s drug sold under the name Razdyne®/Reminyl® (galanthamine)
• Obtained jury verdict of $404,000 for client and defeated $216,000 counterclaim in action against consultant for failure to properly design computerized information system. Judgment was affirmed on appeal
• Procured family of patents on multiple inventions in eight countries for technology which client licensed in a multi-million dollar deal
• Salvaged valuable patent coverage from patent applications narrowly drafted and ineffectively prosecuted by prior counsel for medical device manufacturer
• Served as an arbitrator in a medical device case involving a claim for breach of a royalty agreement and a counterclaim for patent misuse/antitrust violation, and various defenses, including forgery and conspiracy
• Served as an arbitrator in an energy-related case involving claims for breach of a covenant not to compete, misappropriation of trade secrets, breach of contract, and trademark infringement
• Served as an arbitrator in a chemicals supply case for breach of a supply agreement and payment of royalties pursuant to a royalty agreement, plus a counterclaim for damages and a patent infringement defense
• Served as an arbitrator in a dispute over an alleged breach of a franchise agreement for a restaurant in which the claimant sought damages and an order that respondent be required to discontinue use of trade names, trademarks, and service marks
• Served as an arbitrator in a dispute over alleged breaches of several related agreements between a manufacturer of metal alloys and an exclusive sales agent for the metal alloys
• Schmidt v. Finish Line, Inc., 2000 U.S. Dist. LEXIS 6248 *; 2000 WL 565216 (E.D. Pa. 2000). Successfully represented plaintiff in trademark infringement case
• Obtained favorable settlement for client in copyright infringement case when defendant agreed to remove all infringing merchandise from its chain of stores