Steven M. Bauer, Esq., joins JAMS after a distinguished career with Proskauer, a large NY-based international law firm, where he co-chaired the firm's Patent and Intellectual Property Group and was a member of its International Arbitration practice group. Mr. Bauer specializes in resolving life sciences and technology disputes, particularly those involving complex patent, trade secret, trademark, copyright and licensing 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. Known for his ability to grasp the science and technological concepts in both Life Sciences and Technology cases, Mr. Bauer's matters have ranged from surgical, medical, genetic and bio-molecular diagnostic, research and therapeutic technologies (including DNA sequencing technologies); to high-temperature superconductors, high-energy plasma devices, and lithium- ion battery chemistry; to the algorithms used for voice recognition, speech generation, data encryption, satellite communications; to nano- and semiconductor materials and smart phone components. As an advocate, Steve has been lead trial counsel in over 30 trials involving a wide array of technologies, representing emerging companies to multi-national businesses to 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.
Until he joined JAMS, Chambers USA ranked Mr. Bauer 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" and "proven trial attorney." The IAM Patent 1000 reports that he “can grasp the technical details of a particular patent matter to the same degree as the inventor.”
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
As a mediator and arbitrator, Steve’s practice is both domestic and international for cases involving technology and life sciences disputes. Steve began his career as a law clerk and technical advisor to Judge Phillip Nichols of the United States Court of Appeals for the Federal Circuit. He is vice-chair of the ADR committee of AIPPI, the largest international organization for intellectual property lawyers, and has been on the American Arbitration Association’s (AAA) panel of neutrals since 1987, and more recently, on its International Centre for Dispute Resolution (ICDR) Life Sciences panel. He has acted as a party advocate or a neutral arbitrator in 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). Mr. Bauer has unparalleled success in helping parties find a creative and unique solution or pathway to resolution. Clients consistently praise him for the way he addresses 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 has been lead counsel for Dutch, German, French, Danish, British, Israeli, Japanese and Chinese clients in settlement negotiations and mediations around the world.
Representative Matters: Life Sciences, Medical Devices, Biology and Chemistry
- 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 ultafiltration 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
- 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)
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 soial network.