Steven M. Bauer, Esq., FCIArb, joined JAMS after a distinguished career as a trial lawyer and arbitrator with Proskauer, a NY-based international law firm, where he co-chaired the firm's 200-lawyer Litigation Department and its Patent and Intellectual Property Group, was a member of its International Arbitration practice group, and served on the firm's 7-person Executive Committee. Steve is highly experienced in resolving life sciences and technology disputes, with a particular focus on complex R&D and collaboration agreements, commercial and IP licensing, and patent, trade secret, trademark, and copyright issues.
As both an advocate and a neutral, Steve has earned the respect of his colleagues and clients. He has garnered a reputation for his intelligence, a tenacity balanced by an even-keeled demeanor, 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, which have included, on the biology and chemistry side, 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 technology and software side, 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.
As an advocate, Steve has been lead trial counsel in over 30 trials, representing emerging and mid-stage companies, multi-national businesses, and major research universities. Steve has tried cases in every major U.S. forum, and has argued more than a dozen appeals at the Federal Circuit., including one en banc.
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 is a Fellow in the Chartered Institute of Arbitrators (CIArb), Chair of the ADR committee of AIPPI, the largest international organization dedicated to intellectual property law, and on the prestigious “Tech List” of the Silicon Valley Arbitration & Mediation Center. As an arbitrator and mediator, Steve’s practice is both national and international for disputes involving technology and life sciences companies. Since joining JAMS, Steve has handled matters in Boston, Chicago, Dallas, New York, Washington, D.C., and both Northern and Southern California, as well as in Paris and London. Before joining JAMS, Steve had been on the American Arbitration Association’s (AAA) panel of neutrals for 35 years, including its International Centre for Dispute Resolution (ICDR) Life Sciences panel. Over his career, Steve has also handled arbitrations in France, Germany, Switzerland and the United Kingdom in matters administered by the International Chamber of Commerce (ICC) and the German Arbitration Institute (DIS).
As an advocate, Steve also had an international practice, acting as lead counsel for British, Chinese, Danish, Dutch, French, German, Israeli, and Japanese clients not only in court, but in settlement negotiations and mediations around the world. He has had unparalleled success in helping 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 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 a 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 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 Botox-like procedures.
- 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 one of the largest biotech companies 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.
- Lead counsel for 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 as 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 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.
- Lead counsel in a case asserting patents developed by large technology companies, related to 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.
- Defended 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.
- 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
- Board of Directors, Alan D. Lourie Boston IP Inn of Court
- Counselor, 2019–2020
- International Association for the Protection of Intellectual Property (AIPPI), 2008–present
- Chair, ADR Committee, 2012–present
- 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
- Fellow, Charted Institute of Arbitrators (Present)
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
- 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
- Co-op Electrical Engineer; U.S. Naval Surface Weapons Center; Silver Spring, MD; 1977–1980
- Consultant; Systems Planning Corporation; Arlington, VA; 1980
- “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. I would hire him again any day.”
– Vice President and General Counsel, Leading Technology Company
- “Steve’s extensive knowledge and experience over decades of practice allow him to view issues holistically, resulting in more creative pathways to resolution. He is a true counselor and advocate, balancing those roles effectively to meet his clients’ objectives.”
– General Counsel, Therapeutics Industry
- “Steve is whip smart. While he was a fierce advocate in private practice, he has a very even keel and is able to creatively address and resolve complex technology disputes. He is a joy to work with.”
– Internationally Recognized Technology Litigator
- “Steve has handled many patent infringement lawsuits for me, all with excellent results. The depth of Steve’s knowledge of and experience in patent litigation marries incredibly well with his judgment, intuition and ability to read people, making him an exceptional strategic advisor and negotiator. All of this, combined with his ultra-professional, budget-conscious and patient approach to client management, will make him an outstanding mediator.”
– Associate General Counsel, Software Company
- “Steve is one of the smartest people you will meet. Some mediators don’t fully understand patents and thus can’t see the actual strengths and weaknesses of each argument in a case. He can take a patent case apart on the merits and devise creative solutions. I like that he is aggressive in his approach. He is a facilitator and a very active participant in the meeting of the minds. He pushes people to keep the conversation going and to keep talking until a case is settled. I will definitely be using him for mediations in the future.”
– Nationally Known High-Stakes Litigator
- “I’ve been through multiple IP litigations and mediations with Steve Bauer at my side over the past two decades. Steve’s deep knowledge of IP, his long experience representing clients in litigation and mediation settings, and his pragmatic approach make him an ideal mediator. Steve is thoughtful, curious and always fair and balanced.”
– General Counsel, Leading Technology Company
- “Steve is a business-minded counselor with the intellect and curiosity to quickly understand complex matters across a wide array of technologies. He delivers results and has earned the respect of his colleagues and his clients.”
– VP, Global Head of Strategy, Business Development and M&A, Patents
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