Biography

Abhishek Bapna is an Associate in the Firm's Litigation department. His practice focuses on patent litigation in federal district courts and the International Trade Commission (ITC), as well as post-grant proceedings in the U.S. Patent and Trademark Office. His experience encompasses a broad spectrum of technologies, including consumer electronics, networking devices, biomedical devices, vehicle safety and telematics systems, and vehicle multimedia systems.

Representative Experience

  • Defending endodontic equipment manufacturer against allegations of infringement of patents directed to designs of endodontic instruments. (D.N.M).  Case is proceeding toward trial.
  • Representing leading medical device manufacturer in assertion of a patent directed to an ultrasonic surgical device.  (S.D. Ohio).  Obtained favorable claim construction ruling, grant of summary judgment of infringement and lack of non-infringing alternatives, and denial of summary judgment of invalidity.  Case is proceeding toward trial.
  • Defending leading medical device manufacturer against allegations of infringement of patents directed to advanced bipolar RF electrosurgical devices.  (D. Mass.).  Obtained favorable claim construction ruling.  Case is proceeding toward trial.
  • Defended endodontic equipment manufacturer against allegations of infringement of patents directed to methods of making nickel titanium endodontic instruments. (E.D. Tenn./PTAB).  In separate inter partes (“IPR”) and post grant review (“PGR”) proceedings initiated after the district court action was filed, the PTAB found all challenged claims of two related patents unpatentable on multiple grounds. The Federal Circuit affirmed the IPR unpatentability decision. The Patent Owner withdrew its initial appeal of the PGR unpatentability decision, resulting in a final judgment that all challenged claims of the second patent were also unpatentable.
  • Defended leading mobile device manufacturer against allegations of infringement of patents directed to operating systems and hardware for touchscreens. (ITC).  Obtained final determination of non-infringement and/or invalidity of each asserted patent.
  • Defended leading foreign automobile manufacturer against allegations of infringement of over 25 patents directed to safety, telematics, and multimedia systems. (E.D. Tex./PTAB).  Obtained grant of writ of mandamus by Federal Circuit ordering E.D. Tex. to transfer case to E.D. Mich. Filed multiple petitions for IPR and the PTAB found over 100 patent claims unpatentable. Obtained dismissal of all claims thereafter.
  • Defended dental supply company against allegations of trade secret misappropriation in Tennessee state court.  Obtained dismissal of all claims.

Admissions

  • U.S. Patent and Trademark Office
  • U.S. District Court, Southern District of New York
  • U.S. Court of Appeals, Federal Circuit
  • New York
  • New Jersey

Languages

  • Hindi

Professional Activities

MEMBER: New York Intellectual Property Law Association, Asian American Bar Association of New York

Publications

  • "U.S. Patent and Trademark Office Strategic Objectives," A. Bapna, P. Thurlow; The New York Intellectual Property Law Association Bulletin (March 2010)
  • "New Standard Contractual Clauses for Data Transfers Out of EU Raise Concerns," A. Bapna, G. Chen, M. Paez; Bloomberg BNA's International World Communications Regulation Report (August 1, 2010)