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Steven M. Bauer, Esq., FCIArb

Steven M. Bauer, Esq., FCIArb

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General Biography
Practice Areas
Business Commercial
Cybersecurity & Privacy
Intellectual Property
International & Cross-Border
Life Sciences
Honors, Memberships, and Professional Activities
Background and Education

Steven M. Bauer, Esq., FCIArb is recognized for his ability to resolve life sciences and technology-related disputes. Steve’s matters most often involve complex R&D, collaboration, commercial, and IP licensing agreements, and patent, trade secret, trademark, and copyright matters. Steve joined JAMS after a distinguished career at Proskauer, a NY-based international law firm, where he co-chaired the firm's 200-lawyer Litigation Department and its 50-lawyer Patent and Intellectual Property Group, was a member of its International Arbitration practice group, headed its Boston office, and served on the firm's 7-person Executive Committee. 

As both a neutral and an advocate, Steve has earned a reputation for a tenacity balanced by an even-keeled demeanor, his intelligence and ability to grasp the most complex technical issues, and a direct, business-minded approach. Before he left the practice of law to join JAMS, Chambers USA annually ranked Steve as one of only five "Band 1" IP trial lawyers in Boston, noting his "stellar reputation for achieving outstanding results," that he is "pragmatic and flexible," and that he is "a great strategist." The IAM Patent 1000 reported that Steve "can grasp the technical details of a particular patent matter to the same degree as the inventor." 

Steve is equally adept at both life sciences and technology matters. By way of example, on the biology and chemistry side, his matters have included surgical, medical, genetic and bio-molecular diagnostic, research and therapeutic technologies (including DNA sequencing technologies); high-temperature superconductors; nano and semiconductor materials; and lithium-ion battery chemistry; and on the technology and software side, he has handled matters involving the algorithms and standards used in voice recognition, speech generation, data encryption, and satellite communications; high-energy plasma devices; proton beam therapy; and smart phone components and architecture.

As one general counsel noted, “For more than a decade, I entrusted Steve with the most significant, most impactful, most complex IP litigation for my global technology company. His open, honest and direct approach, combined with his highly sophisticated legal acumen and technical excellence, helped us achieve fantastic results, and he always acted with integrity, sincerity and purpose.” 

ADR Experience and Qualifications

Steve’s ADR practice is national and international. Beyond matters administered by JAMS, his cases have been administered by the American Arbitration Association (AAA), the International Centre for Dispute Resolution (ICDR), the International Chamber of Commerce (ICC). and the German Arbitration Institute (DIS). Steve is a Fellow in the UK-based Chartered Institute of Arbitrators (CIArb); Chair of the ADR committee of AIPPI, the largest international organization dedicated to intellectual property law; Secretary of the Silicon Valley Arbitration & Mediation Center (SVAMC), and on its prestigious “Tech List;” and an ADR Panelist for the World Intellectual Property Organization (WIPO). 

As a neutral, Steve is available to handle matters anywhere in the United States, as well as around the world. He has handled arbitrations or mediations not only in most of the largest US cities, but in Paris, London, Frankfurt, Zurich, and at the International Trade Commission in Washington, D.C. His matters have included British, Chinese, Danish, Dutch, French, German, Israeli, Japanese and Spanish parties.  

Steve’s strength is that he brings to every matter he handles not just his skill as a neutral, but his experience as an advocate and lead trial counsel representing emerging and mid-stage companies, multi-national businesses, and major research universities. Steve has tried cases in every major U.S. forum, and was a regular at the Federal Circuit., including arguing one case en banc. He understands the logistics involved in large technically complex cases, and the procedural context of a case can influence a fair settlement.   

Steve’s experience allows him to help parties find creative and unique solutions or pathways to resolution. Clients consistently praise him for the way he can handle cases within both the Life Sciences and Technology industries. “The depth of Steve’s knowledge and experience with patent litigation marries incredibly well with his judgment, intuition and ability to read people, making him an exceptional strategic advisor and negotiator.”

Steve began his legal career as a law clerk and technical advisor to Judge Phillip Nichols, Jr., of the United States Court of Appeals for the Federal Circuit.

Representative Matters: Life Sciences, Medical Devices, Biology and Chemistry

  • Party-appointed Arbitrator between two large pharmaceutical companies regarding the scope of an R&D collaboration agreement.
  • Party-appointed Arbitrator in Frankfurt, Germany between a large German and smaller US company regarding the scope of a patent license.
  • Sole Arbitrator in an arbitration between an inventor-doctor and a large supplier of medical devices over the scope and term of a patent and know-how license. 
  • Mediator in case relating to cosmetic lasers.
  • Mediator in case relating to botulism-related products.
  • Chair/Panel in arbitration relating to breach of contract in a medical device development agreement.
  • Party-appointed Arbitrator in arbitration relating to the value of foreign patent rights related to a medical device. 
  • Represented an emerging life sciences company in a patent infringement and misappropriation of trade secrets case relating to anchored multiplex PCR technology.
  • Represented a publicly-traded UK-based life sciences company in a multi-patent case relating to assays for detecting tuberculosis.
  • Represented a large biotech company in defending a BPCIA case relating to its launch of a biosimilar to Avastin.
  • Represented a National Laboratory in its enforcement of patents relating to lithium-ion battery material at the International Trade Commission.
  • Represented a Japanese car company in a patent infringement action brought by the National Institute for Strategic Technology Acquisition and Commercialization on patents relating to automobile piston coating chemistry.
  • Represented the patent owner in a license enforcement case relating to the p63 antibody, discovered at Harvard University and used to diagnose prostate cancer.
  • Represented a major pharmaceutical company in an action for misappropriation of the idea to use thalidomide to treat multiple myeloma, a cancer of the blood.
  • Represented the world's leading manufacturer of dental crowns and implants, in the defense of a patent case relating to manufacturing technology.
  • Represented a leading research university in a 35 U.S.C. § 146 appeal from the Patent Office regarding the scope of its patent on high-temperature superconducting technology.
  • Represented a leading research university in a patent infringement and breach of contract case relating to RNAi technology.
  • Represented a publicly-traded company in an arbitration relating to a patent license dispute involving cryogenic cooling devices used for cosmetic laser surgery.
  • Represented a major chemical company in the defense of a patent infringement action relating to the chemical components used in printed circuit board manufacture.
  • Represented a technology start-up in a case against a large manufacturer, relating to its ultrafiltration products.
  • Represented a large medical device company in asserting and then defending against patents relating to urological surgical devices. 

Representative Matters: Technology, Software and Electronics

  • Sole Arbitrator in more than 10 arbitrations which were part of a mass arbitration involving age discrimination claims in the software industry. 
  • Mediated case in Paris between parties from Hong Kong, France, Switzerland and the United States relating to manufacturing technology.
  • Mediated case between one of the largest technology companies and a start-up, relating to trade secrets for use in the AI industry. 
  • Party-appointed Arbitrator in ICC-administered arbitration in Zurich, Switzerland, between a Japanese and US company relating to the scope of a patent and trade secret license.
  • Mediator in a case relating to trademark rights in the automobile industry. 
  • Mediator in a case relating to breach of a software license. 
  • Represented a major cable provider in a suit against a large telecommunications company, involving twelve patents relating to set-top boxes, cable modems and VoIP telephony.
  • Represented a number of leading technology companies in asserting patents related to digital television and electronic books.
  • Lead counsel in two cases related to features of the iPhone.
  • Represented a publicly-traded company in a case relating to video-on-demand technology.
  • Represented a major database company and large retailer in a case relating to the search algorithms powering online retail websites.
  • Represented a major insurance company in a case involving insurance products.
  • Represented major electronic components manufacturer in defending against five patents relating to digital signal processing in parallel computer architecture.
  • Represented major electronic manufacturer in two district court and two ITC cases, asserting two patents and defending against two patents relating to micromechanical electronic (MEMS) microphones.
  • Represented three telecommunications companies and their supplier in the defense of a patent case relating to VoIP switching technologies.
  • Represented a California-based technology company in defense of six patents relating to network routers and bridges.
  • Defended a technology start-up against patent infringement and trade secret claims brought relating to high-speed optical switching devices.
  • Represented a publicly-traded Canadian company in defending against a 15-patent complaint relating to the tracking of packaging using GPS and other technologies.
  • Represented a privately-held company in a nine patent case relating to portable electronic printers.
  • Represented a large technology company in a breach of patent license agreement dispute relating to error correction codes used in satellite communications.
  • Represented a publicly-traded company in asserting and defending against patents concerning systems for managing automated call centers. 
  • Represented a large publicly-traded company in patent infringement action relating to digital switching technology.
  • Represented the leading manufacturer of video-on-demand servers, and its customer, a major cable company, in defending against three patents relating to video-on-demand services.
  • Represented the largest provider of encryption technology against claims that its security product infringed three patents.
  • Represented the largest provider of encryption technology in a patent license arbitration relating to an encryption algorithm.
  • Represented the leading provider of plasma cutting torches in asserting six patents involving high-energy plasma nozzles.
  • Represented a publicly traded company in two cases relating to high-energy plasma processing equipment.
  • Represented a major research university in the enforcement of its 20-patent portfolio related to digital television transmission standards. 

Federal Circuit Appeals

  • MobileMedia Ideas LLC v. Apple Inc. (Fed. Cir. 2013)
  • Ncube Corp. v. SeaChange Int'l. Inc., 732 F.3d 1346 (Fed. Cir. 2013)
  • Speedtrack, Inc. v. Walmart.com USA, LLC, 524 Fed.Appx. 651, 106 U.S.P.Q.2d 1442 (Fed. Cir. 2013)
  • Knowles Electronics v. ITC, 462 Fed.Appx. 957 (Fed. Cir. 2012)
  • Knowles Electronics v. ITC, 2011, 458 Fed.Appx. 894 (Fed. Cir. 2011)
  • Cognex Corp. v. ITC 2013 WL 6570781 (Fed. Cir. 2013)
  • Lincoln National v. Transamerica Life, 609 F.3d 136 (Fed. Cir. 2010)
  • Asymmetrx v. Biocare Medical, 582 F.3d 1314 (Fed. Cir. 2009)
  • PSN Illinois v. Ivoclar Vivadent, 525 F.3d 1159 (Fed. Cir. 2008)
  • Ncube Corp. v. SeaChange Int'l. Inc., 436 F.3d 1317 (Fed. Cir. 2006)
  • MKS Instruments v. Advanced Energy, 58 Fed.Appx. 480 (Fed. Cir. 2003)
  • Life Technologies v. Clontech Labs, 224 F.3d 1320 (Fed. Cir. 2000)
  • Pall Corp. v. Micron Separations, Inc., 66 F.3d 1211 (Fed. Cir.1995)(en banc)

Other Significant Matters

  • Represented the U.S.'s largest supplier of home products against its largest competitor for infringement of utility and design patents, trade dress and copyrights in connection with various storage products.
  • Represented the country's largest retailer of shoes in a trademark dispute relating to the stripes on running shoes.
  • Boston counsel representing Facebook in a copyright and contract case relating to the invention of the Facebook social network.

Honors, Memberships, and Professional Activities

Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS.

  • Fellow, Charted Institute of Arbitrators 2022-2024
  • Secretary, Silicon Valley Arbitration & Mediation Center, 2023-2024 
  • Board of Directors, Alan D. Lourie Boston IP Inn of Court, 2017-2024
    • Counselor, 2019–2020
  • International Association for the Protection of Intellectual Property (AIPPI), 2008–2024
    • Chair, ADR Committee, 2012–2024
  • Board of Advisors, Boston Museum of Science, 2015–2021
  • Board of Advisors, Huntington Theater Company, 2015–2020
  • Boston University Law School Dean’s Advisory Board, 2015–2022
  • Boston Patent Law Association
    • Co-Chair, Antitrust Committee, 2007
    • Co-Chair, Litigation Committee, 2002–2004
  • Intellectual Property Owners Association
    • Vice Chair, Patent Litigation Committee, 2004–2006
  • American Intellectual Property Law Association (AIPLA)
    • Editor, AIPLA Quarterly Journal, 2004–2005
  • Federal Circuit Bar Association
  • Greater Boston Legal Services
    • Board of Directors, 2009–2010

Selected Awards and Honors

  • Chambers Global: USA: Intellectual Property: Patents, 2020
  • Chambers USA: Massachusetts: Intellectual Property (Band 1), 2004–2020
  • Intellectual Asset Management (IAM) IP Global Leader, 2020
  • Acritas Star Lawyer 2018-2020
  • Benchmark Litigation Star, 2011–2021
  • Best Lawyers in America, 2007–2024
  • Massachusetts Super Lawyers, 2006–2020
    • Top 100 Lawyers in Massachusetts, 2012–2015
  • The Legal 500 United States: Litigation: Commercial Litigation, 2015–2017
  • Global Law Experts: Technology Litigation Attorney of the Year in Massachusetts, 2015 
  • Euromoney Institutional Investor’s Expert Guide, Leading Patent Practitioner, 2013–2015
  • Managing Intellectual Property IP STARS: Massachusetts, 2013–2020

Background and Education

  • Partner, Proskauer, 2004–2020
    • Co-Chair, Litigation Department, 2013–2017
    • Co-Chair, Patent and Intellectual Property Group, 2004–2020
    • Member, Executive Committee, 2009–2012
    • Head, Boston Office, 2004–2008
    • International Arbitration Practice Group, 2004–2020
  • Partner; Testa, Hurwitz & Thibeault; 1990–2004
    • Co-Chair, IP Practice Group, 1990–2004
  • Boston University School of Law
    • Adjunct Professor, 1987–2004
    • Lecturer-in-Law, 2022
  • Massachusetts Institute of Technology
    • Visiting Lecturer – Intro to Intellectual Property (6.903), 2012-2022
  • Partner, Allegretti & Witcoff, 1987-1990
  • Associate; Weingarten, Schurgin, Gagenbin & Hayes; 1984–1987
  • Law Clerk and Technical Advisor, Senior Judge Philip Nichols Jr., United States Court of Appeals for the Federal Circuit, 1983–1984
  • Co-op Electrical Engineer; U.S. Naval Surface Weapons Center; Silver Spring, MD; 1977–1980
  • Consultant; Systems Planning Corporation; Arlington, VA; 1980
  • J.D., cum laude, Boston University School of Law, 1983
  • M.S., Electrical Engineering and Computer Science, Massachusetts Institute of Technology, 1980
  • B.S., Electrical Engineering (Life Sciences Track), Massachusetts Institute of Technology, 1979

Disclaimer

This page is for general information purposes.  JAMS makes no representations or warranties regarding its accuracy or completeness.  Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

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