Justin A. MacLean

Justin A. MacLean


Justin A. MacLean is a shareholder in the Intellectual Property & Technology Practice of the firm's New York office. His areas of concentration include patent, trademark, copyright and trade secret litigation. Justin has been involved in all stages of litigation from pre-litigation diligence and enforcement and preliminary injunction proceedings through discovery (including electronic discovery), summary judgment, trial, and appeal as well as in inter partes review proceedings before the Patent Trial and Appeal Board. Justin has represented companies across a variety of industries and technologies both in enforcing their intellectual property rights and defending against claims of infringement.

In addition, Justin has wide-ranging experience in the areas of copyright prosecution, enforcement and counseling. He has filed copyright applications and designed copyright registration programs for clients in the apparel, software, consumer goods, and other diverse industries. A former examiner with the United States Copyright Office, he has advised clients from small, non-profit book publishers to leading digital music companies on issues such as copyright clearance, fair use, infringement avoidance, and licensing issues. Justin has also counseled writers, performing artists, publishers, and their heirs and representatives in connection with the assertion of statutory termination rights under the Copyright Act.


  • Patent litigation
  • ANDA Hatch-Waxman litigation
  • Inter partes review proceedings Trademark and copyright issues
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  • Represent Actavis/Teva in Paragraph IV challenge of Orexigen Therapeutics’ patents in the District of Delaware relating to Contrave® extended-release tablets indicated for the treatment of obesity and weight management.
  • Represent Actavis/Teva in Paragraph IV challenge of LEO Pharma A/S’s patents in the District of Delaware relating to Picato® gel indicated for the treatment of actinic keratosis.
  • Represent leading marine electronics company in patent and trademark infringement action brought by competitor in the District of Kansas.
  • Represent Samsung Telecommunications America, LLC and Samsung Electronics America, Inc. in patent litigation brought by non-practicing entity in the Western District of Tennessee. Also member of team representing the same defendants in inter partes review of plaintiff’s patent. The asserted patent generally relates to data management and retrieval over a network. The asserted patent was invalidated by the Patent Trial and Appeal Board, and that decision was upheld by the Federal Circuit.
  • Represent eBay Inc. in various patent infringement actions involving allegedly infringing products listed by users of eBay’s website. In one such action, summary judgment was granted for eBay on claims of direct infringement, contributory infringement, and inducement.
  • Represented Teva Pharmaceuticals in connection with Hatch-Waxman litigation involving nasal spray DYMISTA in the District of Delaware.
  • Represent Crye Precision LLC and Lineweight, LLC, in breach of contract actions against former licensees involving acclaimed camouflage pattern design and technology.
  • Represent leading digital music service providers in putative class-action litigations involving alleged infringement of common law copyrights in pre-1972 sound recordings.
  • Represented leading digital music service providers in actions for alleged copyright infringement filed by independent music publisher. All resulted in confidential settlements.
  • Represented 3M Company and 3M Innovative Properties Company in action for misappropriation of trade secrets, unfair competition and tortious interference against a competitor.
  • Represented SkillSurvey, Inc. in patent infringement action filed against competitor. The asserted patent relates to methods and systems for collecting and analyzing information from references identified by job candidates.
  • Represented 3M Cogent, Inc. in patent litigation filed by non-practicing entity. The asserted patents generally relate to digital content recognition technology.
  • Member of litigation team that represented an integrated textile company as a third-party defendant in patent litigation brought against the United States in the Court of Federal Claims and parallel inter partes review initiated at the Patent Office. The asserted patents generally relate to methods for treating fabrics. Resulted in dismissal of the plaintiff’s claims with prejudice.
  • Represented leading pharmaceutical ingredient manufacturer in enforcement of patent rights against competitor. The asserted patents generally relate to methods for manufacturing calcium carbonate granulation.
  • Represented B. Braun Medical Inc. in a multi-defendant patent lawsuit in the District of Delaware.  The asserted patent generally relates to wireless intravenous medical pump controls.
  • Represented B. Braun Medical Inc. in connection with the defense of a claim for patent infringement by CareFusion 303. The asserted patents generally relate to medical valve devices.  Resulted in a grant of summary judgment on B. Braun’s affirmative defense of laches, and dismissal of the case with prejudice as an evidentiary sanction against plaintiff.
  • Represented Enzo Biochem, Inc. and Enzo Life Sciences, Inc., in connection with seven patent and breach-of-contract litigations involving nucleic acid labeling and detection technology.
  • Represented Adaptive Marketing LLC in U.S. District Courts in Los Angeles and Connecticut related to claims for trademark, copyright and trade dress infringement, cybersquatting, trademark dilution and unfair competition brought by and against a major competitor regarding Internet paid search marketing and various related domain names used by the parties in the credit reporting and monitoring market.
  • Member of litigation team representing Pentair Filtration, Inc. and Everpure, LLC in connection with multiple patent litigations involving water filtration technology. Resulted in confidential settlement.
  • Member of litigation team defending Retail Decisions, Inc. in an action for alleged infringement of a patent for methods of detecting credit card fraud. Resulted in a grant of summary judgment of invalidity, which was subsequently affirmed by the Federal Circuit.
  • Intern, Office of the General Counsel, United States Copyright Office, 2008
  • Copyright Examiner, United States Copyright Office, 2002-2005

Recognition & Leadership

  • Listed, Super Lawyers magazine, New York Super Lawyers, "Rising Stars," 2013-2018
  • Member, American Bar Association
  • Member, New York State Bar Association


  • J.D., University of Michigan Law School, 2008
    • Associate editor, Michigan Law Review
    • Asian Pacific American Law Students Association
  • M.M., Johns Hopkins University, 2002
  • B.M., with highest honors, University of Michigan, 1999
  • New York
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Federal Claims
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of Texas