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JAMES J. KOZUCH PARTNER TELEPHONE: 215-567-2010
EXTENSION 133
FAX: 215-751-1142
jjkozuch@crbcp.com
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Mr. Kozuch has extensive experience litigating intellectual property matters and has been lead counsel in jury trials, bench trials, and hearings in cases involving patent infringement, trademark infringement, misappropriation of trade secrets, breach of non-competition agreements, and breach of technology service contracts. He is registered to practice before the United States Patent and Trademark Office.
Mr. Kozuch also counsels clients on all aspects of intellectual property law, prosecutes U.S. and international patent applications in the area of mechanical engineering, and provides opinions, including patentability, infringement/non-infringement, and validity opinions.
He was appointed by the U.S. District Court for the Eastern District of Pennsylvania to serve as a Special Master in a complex trade secrets case, and was appointed to the National Roster of Neutrals of the American Arbitration Association (AAA) in 2003.
Prior to practicing law, Mr. Kozuch worked in engineering, strategic planning, and financial analysis for several Fortune 500 companies, including major energy and chemicals companies. He has been a licensed Professional Engineer in Pennsylvania since 1977 and is a member of the American Society of Mechanical Engineers (ASME).
With his experience and education in engineering and business (MBA), Mr. Kozuch works well with inventors, in-house counsel and management in developing business strategies for managing their intellectual property assets, as well as with technical experts and economic damages experts in the litigation arena.
Pennsylvania
U.S. Court of Appeals for the Federal Circuit
U.S. Court of Appeals for the Third Circuit
U.S. District Court for the Eastern District of Pennsylvania
U.S. District Court for the Middle District of Pennsylvania
U.S. District Court for the Western District of Michigan
U.S. District Court for the District of Arizona
U.S. Patent and Trademark Office
Genzyme v. Pentech Pharmaceuticals, Inc., 2010 WL 3928598(N.D. Ill. 2010). Represent generic in ANDA litigation on Hectorol® (doxacalciferol).
Alliance Bank v. New Century Bank, 2010 WL 2991204 (E.D. Pa. 2010). Obtained preliminary injunction enjoining infringement of service mark.
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).
Connetics Corporation et al. v. Pentech Pharmaceuticals, Inc. (N.D. Ill. 2007). Represented generic in ANDA litigation on topical foam product Luxiq® (betamethasone valerate).
Sanofi-Aventis, Sanofi-Synthlabo Inc., and Bristol-Myers Squib Sanofi Pharmaceuticals Holding Partnership v. Apotex Inc. and Apotex Corp., 363 F.Supp.2d 592 (S.D.N.Y., 2005). Represented defendant in Hatch-Waxman patent litigation involving Plavix® (clopidogrel bisulfate).
Biovail Laboratories, Inc. v. TorPharm Inc., 326 F.Supp.2d 605 (E.D. Pa., 2004). Represented defendant in Hatch Waxman patent litigation involving Tiazac® (diltiazem hydrochloride).
Arlington Industries, Inc. v. Bridgeport Fittings, Inc., 290 F.Supp.2d 508 (M.D. Pa, 2003). Represented defendant in suit for patent infringement involving extenders for electrical junction boxes.
Biovail Laboratories, Inc. v. TorPharm Inc., No. 01-9008, 2003 WL 21254417 (N.D.Ill.,May 29, 2003). Represented defendant in Hatch Waxman patent litigation involving Cardizem CD® (diltiazem hydrochloride).
Q Division Records, LLC v. QRecords, 2000 WL 294875 (D. Mass. 2000). Trademark dispute over trademark for record label.
Schmidt v. Finish Line, Inc., 2000 WL 565216 (E.D. Pa. 2000). Represented plaintiff in trademark infringement case.
Land O'Lakes Inc. v. Zelenkofske, Axelrod & Co., Ltd., 1999 WL 1485400 (Pa.Com.Pl. 1999). Represented plaintiff in breach of contract case for design of computerized data management system.
Neutronics, Inc. v. Janos Technology, Inc. and Yokogawa Corp. America (E.D. Pa. 1998). Represented defendants in a suit involving claims and counterclaims for patent infringement, misappropriation of trade secrets, copyright infringement, breach of agreement, tortious interference with contractual relations and unfair competition involving a device for identifying refrigerant gases.
Recently Issued Patents:
U.S. Pat. No. 7954339
Issue Date: June 7, 2011
Assignee: Air Products & Chemicals, Inc
Title: Apparatus for Cryogenic Air Distillation
U.S. Pat. No. 7717701
Issue Date: May 18, 2010
Assignee: Air Products & Chemicals, Inc
Title: Pulverized solid fuel burner
U.S. Pat. No. 7637187
Issue Date: December 29, 2009
Assignee: Air Products & Chemicals, Inc
Title: Apparatus and method of cryogenic cooling for high-energy cutting operations
U.S. Pat. No. 7604222
Issue Date: October 20, 2009
Assignee: Air Products & Chemicals, Inc
Title: Divided wall exchange column
U.S. Pat. No. 7390189
Issue Date: June 24, 2008
Assignee: Air Products & Chemicals, Inc
Title: Burner and method for combusting fuels
U.S. Pat. No. 7377951
Issue Date: May 27, 2008
Assignee: Air Products & Chemicals, Inc
Title: Process to utilize low-temperature waste heat for the preparation of synthesis gas
U.S. Pat. No. 7357378
Issue Date: April 15, 2008
Assignee: Air Products & Chemicals, Inc
Title: Divided wall exchange column
U.S. Pat. No. 7290397
Issue Date: November 6, 2007
Assignee: Air Products & Chemicals, Inc
Title: Linearly-actuated cryo-fluid connection (LACC) for manufacturing machines
U.S. Pat. No. 7267329
Issue Date: September 11, 2007
Assignee: Air Products & Chemicals, Inc
Title: Alternating conventional and high capacity packing within the same section of an exchange column
U.S. Pat. No. 7252024
Issue Date: August 7, 2007
Assignee: Air Products & Chemicals, Inc
Title: Apparatus and method for machining with cryogenically cooled oxide-containing ceramic cutting tools
U.S. Pat. No. 7234691
Issue Date: June 26, 2007
Assignee: Air Products & Chemicals, Inc
Title: Radial-crossflow distillation trays for divided wall column applications
U.S. Pat. No. 7025339
Issue Date: September 11, 2006
Assignee: Air Products & Chemicals, Inc.
Title: Structured packing with increased capacity
U.S. Pat. No. 6968791
Issue Date: November 29, 2005
Assignee: Air Products & Chemicals, Inc.
Title: Oxygen-enriched co-firing of secondary fuels in slagging cyclone combustors
U.S. Pat. No. 6786245
Issue Date: September 7, 2004
Assignee: Air Products & Chemicals, Inc.
Title: Self-contained mobile fueling station
Board of Directors, Association of Patent Law Firms (APLF), 2005 - 2008
National Roster of Neutrals of the American Arbitration Association (AAA), 2003 - present
Commissioner, Lehigh County, 2003 - 2004
Commissioner, Board President, Salisbury Township, 1998 - 2003
Member, Philadelphia Intellectual Property Law Association
Member, Pennsylvania Bar Association
Member, Philadelphia Bar Association
Member, Bar Association of Lehigh County
Member, International Association of Defense Counsel (IADC)
Co-Chair of Intellectual Property (IP) Sub-Committee of Business Litigation Committee
Member, American Society of Mechanical Engineers (ASME), 1987-present
Committee on Legal Affairs (1990-2000)
Selection Committee for Thomas Edison Patent Award (2000-2006, 2008-2011)
Member, Lehigh Valley Technology Network
Book Review of Clean Tech Intellectual Property: Eco-marks, Green Patents, and Green Innovation, originally published in the European Journal of Risk Regulation (EJRR), Volume 3/2011, pages 457-59. [EJRR Website]
"Commercial Success" in Pharmaceutical Patent Litigation, and Cross-Examination of the Patent Owner's Economist, Originally published in the April 2009 issue of Intellectual Property Today [www.iptoday.com]
Patent Law Primer, Pennsylvania Bar Institute, 2008
How to Minimize Risk of Losing Patent Rights, Originally published in the March 2006 issue of Small Times magazine [www.smalltimes.com]
Intellectual Property Law Primer, Pennsylvania Bar Institute, 2005
Pennsylvania Trade Secrets Law, Pennsylvania Bar Institute, 2002
Copyrights Protect Publications and Software, ASME News, May 1997
Trademarks Identify and Distinguish Your Products, ASME News, April, 1997
Keep Competitive Advantage with Trade Secrets, ASME News, March, 1997
Safeguarding Intellectual Property with Patents, ASME News, February 1997
Speeches:
Intellectual Property Basics: Protection of Competitive Assets, Entrepreneurial Studies Program, Muhlenberg College, 2011
Protecting And Enforcing Intellectual Property Rights In A Global Marketplace, Annual Meeting of the American Society of Mechanical Engineers (ASME), 2009
Mock Expert Examination in Patent Infringement Case, 3rd Annual Intellectual Property Law Institute, Pennsylvania Bar Institute, 2009
Proving the Elements of Inequitable Conduct - Materiality and an Intent to Deceive, Paragraph IV on Trial Conference, November 2008
Cross-Examination of the Patent Owner's Economist on "Commercial Success" in Pharmaceutical Patent Litigation, Paragraph IV on Trial Conference, November 2008
What You Should Know to Help Protect Your Clients' Intellectual Property, Bar Association of Lehigh County, 2008
Introduction to Patents, Pennsylvania Bar Institute, 2008
Strategies for Addressing Key Issues in Patent Claim Construction, Law Seminars International, 2007
Intellectual Property Basics: Protection of Competitive Assets, Engineering Enterprises Seminar, Cornell University, 2006
Intellectual Property: Basic Issues, Pennsylvania Bar Institute, 2006
Representing a Client Who is Starting a Small Business, Pennsylvania Bar Institute, 2005
Pennsylvania Trade Secrets Law, Pennsylvania Bar Association, 2002
Enforcement of Covenants Not to Compete, Bar Association of Lehigh County, 2000
Intellectual Property Law, Lehigh Law Line, Bar Association of Lehigh County, 1997
Intellectual Property Law - Small Business Forum, American Society of Mechanical Engineers, 1996
Named Pennsylvania SuperLawyer by Philadelphia Magazine, 2004 - 2011
Trial Advocacy Award for Achievement in the Field of Trial Advocacy, The Barristers Society, Temple University School of Law
Martindale Hubbell AV rated
Cornell University: B.S. Mechanical Engineering (1972)
Lehigh University: M.B.A. (1976)
Temple University School of Law: J.D. (1985)
Running, Reading
Seidel, Gonda, et al., 1995 - 1998
Rawle & Henderson, 1987 - 1995
Butz, Hudders & Tallman, 1982 - 1987
Mobil Oil Corp., Gulf Oil Corp., and Air Products & Chemicals, Inc., Strategic Planner, 1977 - 1982
Mobil Oil Corp. and PP & L, Design and Development Engineer, 1972 - 1977
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JAMES J. KOZUCH partner
INDUSTRIES SERVED
Chemicals
Cleantech
Dental & Oral Care
Energy
Engineering & Architecture
Materials Handling
Medical Devices
Pharmaceuticals
Sporting Goods
Other High Technology
ADMITTED TO PRACTICE
Pennsylvania
U.S. Court of Appeals Federal Circuit
U.S. Court of Appeals Third Circuit
U.S. District Court Eastern District of Pennsylvania
U.S. District Court Middle District of Pennsylvania
U.S. District Court Western District of Michigan
U.S. District Court District of Arizona
U.S. Patent and Trademark Office
AWARDS & RECOGNITION
Named Pennsylvania SuperLawyer by Philadelphia Magazine, 2004 - 2011
Trial Advocacy Award for Achievement in the Field of Trial Advocacy, The Barristers Society,
Temple University School of Law
Martindale Hubbell AV rated
EDUCATIONAL
BACKGROUND
Cornell University: B.S. Mechanical Engineering (1972)
Lehigh University: M.B.A. (1976)
Temple University School of Law: J.D. (1985)
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