Lee Carl Bromberg

Ranked in United States: Massachusetts
WTR Research

The WTR 1000 focuses exclusively on trademark practice and has firmly established itself as the definitive 'go-to' resource for those seeking world-class legal trademark expertise

Silver - Individuals: enforcement and litigation

Combining a mastery of brand building, IP management and value creation with cultivated litigation skills, McCarter & English aligns itself as a key partner to rights holders across the trademark lifecycle. Many of its lawyers have fine-grained patent and brands knowledge and field a diverse array of challenging instructions, which keeps them sharp and ready for anything. This is certainly true of Keith Toms, an “extremely strategic lawyer” who is enthusiastically endorsed by clients and peers alike. One source comments: “Keith is fantastic to work with on contentious and non-contentious matters. He is extremely proactive and gives precise opinions with just the right level of information to enable effective decision making. On top of that, he is great value for money.” Also highly recommended, Lori Shyavitz is “excellent on prosecution and disputes. Her grasp of substantive trademark law is truly amazing, as is her strategic judgement; she does an incredible job for her clients”. Dyed-in-the-wool litigators Lee Carl Bromberg and Erik Paul Belt are prime picks for lead counsel roles. Throughout his 40-year career, Bromberg has won numerous important verdicts, netting clients millions of dollars in the process. Belt has handled many cases of first impression and has whetted trial skills as a result.

Lee Carl Bromberg's Profile

Lee Carl Bromberg has over 40 years of experience in trademark, copyright, trade secret, unfair competition and patent infringement cases. He has represented national companies in trademark and trade dress cases, as well as in copyright and patent disputes.

Mr Bromberg won a decision in the Second Circuit for famous high-fashion women’s shoe designer Christian Louboutin, upholding a single colour as a valid trademark and preserving Louboutin’s RED SOLE mark. In a false advertising case involving musical instruments, he won a jury verdict of $20.7 million, described as “the largest financial judgment in music industry history” by Music Trades Magazine. He has also represented Harvard University in a series of trademark cases and domain name disputes.

Mr Bromberg excels in presenting complex technical and scientific subject matter to courts and juries for clients in the pharmaceuticals, medical devices, life sciences, power systems, software and electronics industries. In a medical device case, he secured a jury verdict denying any recovery on a claim for over $30 million in patent infringement damages. In a pharmaceutical case, he obtained a jury verdict of $65 million – the largest verdict of the year in Massachusetts. Mr Bromberg obtained a verdict of infringement for Abbott Laboratories which upheld a multi-year licensing programme for patents directed to immunochemical diagnostic devices. He also obtained an arbitration award of over $11 million, including an award of attorneys’ fees, on behalf of an R&D lab for its groundbreaking medical technology. In 2012 he won a non-infringement jury verdict defeating a software patent claim for $90 million.

Mr Bromberg has been named:

  • as one of the world’s leading patent litigators by IAM Patent Litigation 250;
  • as a leader in his field by Chambers USA from 2007 through 2019; and
  • 2016 Boston Lawyer of the Year for intellectual property by Best Lawyers.

Mr Bromberg is a former president of the Boston Patent Law Association and serves on the Programme Committee of the American Intellectual Property Law Association.

Firm Profile

McCarter & English LLP is a firm of more than 375 lawyers with offices in Boston, Hartford, Stamford, New York, Newark, East Brunswick, Philadelphia, Wilmington and Washington DC. For 175 years, McCarter’s clients have come first, with an emphasis on their business objectives and priorities. The firm understands its clients’ businesses, stays on top of their frequently changing industries and markets, and implements strategies that will lead to success.

IP overview

The IP practice at McCarter is ranked among the 100 largest IP practices in the United States, according to IP Law360. The group has more than 100 IP lawyers, technical specialists and patent agents. The IP group’s deep bench has attracted a wide range of companies throughout the world, which are diverse in both geography and industry. The firm protects everything from celebrity designer brands to sport and haute couture footwear, pharmaceuticals, food and nutrition brands, cosmetics, airlines, consumer goods and personal care products. The group has great strength in representing clients in high-profile trademark litigation and technically complex patent litigation.

Trademarks, copyright and trade secrets

Building and protecting a company’s brand and image are essential to business success. The IP group strategically implements domestic and international programmes to advance clients’ brand identity and reputation. The trademark attorneys not only handle global brand portfolios from the inception of a client’s intellectual property, but they also help clients to build and strengthen their valuable market position. The firm is experienced in protecting famous brands from infringers regardless of where they reside and litigating IP matters in courts in the United States and throughout the world, including obtaining injunctive relief, asset restraints and other remedies for its clients. As a result of representing both national and international clients, the IP group has extensive experience addressing infringement and related matters (eg, distribution, licensing and manufacturing) that cross international borders, including effectuating multi-jurisdictional litigation and enforcement. The firm is a leader in trademark protection, anti-counterfeiting, technology-related transactions, patents and litigation.

McCarter is attuned to the special trademark issues faced by pharmaceutical and biotechnology companies and is experienced in guiding them through the process. As new technologies continue to stretch the boundaries of traditional copyright law, the IP team provides expert counsel to clients on employing copyright to protect their valuable assets (eg, intangible data) and represents clients in licensing transactions. The team advises clients on the requirements for an effective trade secret protection programme and on protection against unfair competition by former employees or business partners, as well as by competitors. Our experience in litigating trade secret and unfair competition cases gives clients an advantage when disputes arise.

Global brand strategists

McCarter’s partners are known in more than 70 countries for developing and executing unique global brand strategies. Over the past 30 years, team members have developed an extraordinary network of attorneys, government officials, customs officers and law enforcement personnel who help get things done for the firm’s clients. Partners have decades of experience establishing worldwide programmes to protect valuable IP rights, including trademarks, trade dress and product designs, trade secrets and copyright. The group has specialised capabilities for dealing with issues relating to the Internet, including dealing with cybersquatters and internet counterfeiters on a cost-efficient basis; working with domestic and foreign companies to deal with foreign-based websites and public auction and social media platforms; conducting successful lawsuits and UDRP actions against domestic and foreign website owners; and developing proprietary forensic tools for tracking both the success of takedown programmes and offending URLs, including when they resurface. The firm is known as the ‘go to’ firm in dealing with these types of IP issues around the world.

Patent prosecution and IP litigation

McCarter’s patent attorneys and professionals have industry experience and graduate degrees in relevant science and engineering fields. McCarter’s IP group is active in all facets of the high-tech and life sciences sectors, including biotechnology, pharmacology, chemistry, nanotechnology, optoelectronics, robotics, medical devices, telecoms, advanced control systems, green technologies, biometrics, software, consumer products and a range of defence, aerospace and energy technologies. McCarter’s technical expertise extends across all disciplines, providing a depth and breadth of experience that ensures effective and efficient IP counselling.

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