Michael Kasdan’s passion for science,
technology and the entrepreneurial vision of
his clients drives his advocacy. As a
litigator, he negotiates, defends and asserts
IP rights before the courts, the US Patent
and Trademark Office, the International
Trade Commission and in private
arbitration’s and mediation. As an advisor,
he works with both established companies
and start-ups to obtain, evaluate, value,
license and develop patent portfolios and
trademarks.
Trained in electrical engineering and with a
business background as a technology
consultant, Mr. Kasdan works with a broad
range of technologies, including consumer
electronics, wireless devices, computer
architecture and networks, semiconductor
chips, Internet and e-commerce platforms,
and medical products and devices.
Mr. Kasdan’s clients rely on him to resolve
cases efficiently and cost-effectively. For
example:
- In a recent fast-moving ITC case, he
spearheaded the two key claim
construction issues for the joint defense
group. The Administrative Law Judge
agreed to stage the claim construction
phase on potentially dispositive terms
early in the case, which is unusual in the
ITC. The success at getting the Court to
agree to an early claim construction phase
drove favorable early settlements for
numerous defendants.
- In a competitor case brought as part of a
global patent war between major
electronics companies, Mr. Kasdan was
instrumental in the defense of patent
infringement claims in the semiconductor
case and helped to obtain a jury verdict of
non-infringement for his client.
- Currently, he is a key member of the ARE
team defending a series of patent claims
asserting infringement of mechanical
processes, inspection processes and the
materials structure of diaper and training
pant products.
Mr. Kasdan also counsels clients on
strategic patent prosecution and portfolio
development, and provides opinions and
analyses on issues including patent
infringement, validity and enforceability.
During 2008-2009, Mr. Kasdan was
seconded to Panasonic Corporation in Japan.
As in-house patent counsel in Panasonic’s
licensing center, he acted as lead counsel
representing the company in numerous
third-party patent assertions and license
negotiations, in which he was responsible
for developing substantive defensive
positions. He also provided legal opinions
across a broad set of technology areas and in
many facets of patent law, and negotiated
complex agreements, including portfolio
cross-license agreements. In addition, he
worked with the company’s managers and
engineers to identify high value patents and
strengthen their protection, evaluate and
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mitigate exposure to infringement claims by
others and manage patent licensing
agreements among global electronics
makers, and provided training on all aspects
of IP law.
Mr. Kasdan began his career as a technology
consultant with Andersen Consulting (now
Accenture) during the early stages of
Internet technologies. Since his time at
NYU School of Law, Mr. Kasdan has been
on the ground floor of efforts to turn New
York City and State into a hub for
innovation and entrepreneurship in
technology, Internet, e-commerce and new
media. He was an active participant in an
incubator for startups through which he
counseled new companies on legal,
financing and business issues. He is also
serving as Chairman of the Board of
Directors of CityScience, a nonprofit
organization that promotes science,
engineering, and math education and teacher
development through hands-on projectbased
learning in New York City elementary
and middle schools.
Today, start-up and early-stage companies
find a creative, high energy, businessminded
advocate in Mr. Kasdan. He
counsels entrepreneurs involved in fashion
and design, mobile apps, Internet and ecommerce
platforms, as well as other areas
where IP issues are crucial to success. In
particular, he helps young companies to
assess existing IP in their space and guides
them on the IP and construction protections
available to them as well going forward IP
strategy.
Mr. Kasdan frequently writes and speaks on
a range of topics including IP litigation,
essential patents, and patent monetization
and licensing practices, patent eligibility,
patent exhaustion, willful infringement,
patent misuse and standards estoppel,
damages and patent valuation, inequitable
conduct, enforcement of standards, social
media and privacy issues, and legal ethics.
The media often turns to Mr. Kasdan for
commentary on ongoing patent cases, key
cases and changes in the law, and social
media issues.
Mr. Kasdan also teaches as a guest lecturer
at his alma mater, NYU, as well as at New
York Law School, addressing topics such as
IP Licensing, global patent litigation, patent
exhaustion, and inequitable conduct.
Mr. Kasdan clerked for the Honorable Judge
Roderick R. McKelvie in the United States
District Court for the District of Delaware.
Prior to joining Amster Rothstein &
Ebenstein LLP, he was an associate in the
intellectual property group of Kirkland &
Ellis LLP.
On the home-front, he is married and a
father of two, and is a veteran little league
baseball coach.
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