Gregg F. LoCascio, P.C.
Overview
Gregg LoCascio is a leader of the Firm’s intellectual property practice and a member of the Firm’s Executive Committee. Gregg serves as lead trial counsel for clients on major intellectual property and commercial litigation matters.
In the most recent edition of Chambers USA, a client said of Gregg’s ability, “I don’t say this lightly: Gregg is the best IP litigator I've seen. His expert cross-examination was as good as any I’ve witnessed. It’s nice to know that you have the best lawyer in the courtroom.”
Chambers USA has described him as a “magnificent trial lawyer,” “easy to work with and talented,” and possessing “a good talent for talking to our management and taking on board their concerns.” It also noted that “Gregg is lauded by clients and peers alike for his advocacy and intellectual acuity in electrical and mechanical engineering-related cases” and that he is a “terrific advocate who assimilates information very quickly, is creative and has a great ability to think on his feet.” The Legal 500 U.S. has reported that he is “highly regarded for his trial expertise in front of a jury” and Intellectual Asset Management (IAM) branded him “the perfect marriage of technical aptitude and trial skill.”
Gregg has been lead counsel in 21 trials and has handled dozens of additional preliminary injunctions, Markman, and other evidentiary hearings. Gregg is a recipient of the Washington, D.C., “Intellectual Property Litigator of the Year” award by Managing Intellectual Property, and, in 2018, he was selected by The National Law Journal for inclusion in its “Winning Litigators: Masters of the Courtroom” edition.
Gregg has a proven track record of preparing and winning complex cases both in advance of and at trial, as well as having those results affirmed on appeal. He recently won a trial at the International Trade Commission for iRobot relating to robotic vacuum technology and obtained a complete defense victory for a major healthcare company in a patent and trade secret arbitration. He is also admitted to practice before the United States Patent and Trademark Office and has successfully handled inter partes review and reexamination proceedings before the Patent Trial and Appeal Board.
Gregg also handles a variety of false advertising disputes in court and before the National Advertising Division, and has been handling high-profile advertising disputes since he served as lead counsel in the Equal v. Splenda false advertising trial, which ended Splenda’s “made from sugar” campaign. His false advertising practice also includes defending putative class actions in California and elsewhere, often resulting in dismissals or denials of class certification.
Whether in patent, advertising, or trade secret cases, the foundation of Gregg’s success is built upon his technical experience and the ability to effectively communicate complex issues in a straightforward and understandable manner. A client was quoted by Intellectual Asset Management to this effect: “when [Gregg] talks about technology, you know he gets it and isn’t just blowing smoke.” The National Law Journal also recognized his skill in this area, noting that “all [of his] courtroom experience has helped LoCascio, a trained engineer, hone his ability to explain complex technology to judges and juries.” IAM further praised his “strong track record of success” and described him as “a rare breed,” “adept at handling many different types of technology,” a “first-chair trial lawyer who is impressive from top to bottom,” and “an ITC dynamo who also draws lines in the sand in heavyweight district court and appellate litigation.”
Gregg provides legal counseling and has handled trials for individuals and organizations on a pro bono basis.
Experience
Representative Matters
Lead defense counsel for Alcon against patent and copyright claims involving laser-assisted cataract surgery equipment. Successfully defended preliminary injunction hearing and then obtained pre-trial motion victories reducing the asserted damages claims by over a billion dollars prior to a settlement between the parties.
Lead counsel for an energy company respondent in confidential patent royalty arbitration. Successfully defended against asserted claims and obtained monetary award in favor of respondent client.
Lead counsel for iRobot in a successful Section 337 Investigation trial at the ITC involving robotic vacuum floor cleaning devices (ITC# 337-TA-1252).
Lead counsel for Dyson in two-week jury trial over false advertising claims made by its competitor, SharkNinja. Obtained jury verdict in client’s favor on all grounds, including intentional false advertising and a damages award of $16.4M. Case received coverage by AmLaw Litigation Daily, Chicago Tribune, and other publications.
Lead defense counsel for healthcare company in confidential patent infringement and trade secret arbitration. Tried all issues to arbitration panel and obtained complete defense award and reimbursement of legal fees and expenses for client.
Lead counsel for Raytheon in trade secret and contract dispute over U.S. government contracting bid. Fended off majority of preliminary injunction relief and then obtained favorable settlement prior to trial.
Lead counsel for Lidl in successful defense of attempt by grocery rival Kroger to disrupt Lidl’s U.S. launch with a trademark preliminary injunction motion.
Lead counsel for toll collection system manufacturer in RFID / EZ-Pass patent infringement litigation in district court, at the International Trade Commission (ITC# 337-TA-979), and before the Patent Trial and Appeal Board.
-
Successfully invalidated multiple claims of four patents at the Patent Trial and Appeal Board through Inter Partes Review.
-
Obtained initial and final determination invalidating the remaining asserted patents after trial.
Lead counsel for Abbott in various ongoing litigation and advertising disputes involving infant formula and nutritional products. Successful dismissals of consumer class actions and denials of class certification under California’s CLRA.
Lead counsel for BASF and Argonne National Laboratory in a successful Section 337 Investigation at the ITC involving lithium metal oxide battery cathode materials (ITC# 337-TA-951).
-
Obtained initial determination in clients’ favor after trial.
-
Successfully handled rare Section 337 live hearing before the full International Commission that led to final determination and entry of the requested limited exclusion order against foreign imports.
-
Completely fended off two Inter Partes Review petitions challenging validity of the patents in suit.
Lead counsel for Honeywell at the Patent Trial and Appeal Board and Federal Circuit defending multiple challenges to next-generation, low global warming refrigerant 1234-yf.
-
Obtained Federal Circuit decision vacating adverse decision by the PTAB relating to the patentability of HFO-1234-yf, a key automotive refrigerant.
-
Obtained Federal Circuit affirmance confirming patentability of trans-1234-ze, a key next-generation refrigerant.
Lead counsel for Verizon in successful effort to obtain temporary restraining order against Cablevision over defamatory advertising campaign and in successful defense of a preliminary injunction by Cablevision over Wi-Fi superiority.
Lead counsel for Schlumberger in a jury trial involving four marine seismic surveying patents. Midway through a four-week trial, obtained a favorable settlement from one of the two defendants. At the conclusion of trial, the jury returned a verdict that all four patents were valid and willfully infringed, along with a damages award of over $105 million, and the Court entered a permanent injunction against the defendant. Infringement and royalty portion of award affirmed by the Court of Appeals for the Federal Circuit, plus another $5 million in enhanced damages for willful infringement. Supreme Court reversed decision and ruled client entitled to lost profits without regard to foreign location of lost sales in WesternGeco LLC v. ION Geophysical Corp., U.S. (2018).
Lead counsel for Carfax in putative class action and false advertising and defamation cases relating to vehicle history reports and certified pre-owned automobiles. Obtained complete dismissal of class action complaint and affirmance from the Fourth Circuit.
Lead counsel for United Technologies Corporation’s subsidiary Carrier Corporation, in a patent infringement case involving next-generation residential HVAC systems.
-
Successfully reversed reexamination rejection of patent claims on appeal to the Patent Trial and Appeal Board.
Lead counsel for Facebook in successful opposition to a trademark preliminary injunction hearing in connection with its $2 billion acquisition of virtual-reality headset manufacturer Oculus VR.
Lead counsel for Merisant (maker of Equal® and PureVia® sweeteners) in consumer class action relating to “natural” claims on consumer products.
Lead counsel for Facebook in patent infringement matters involving photo uploading and other technology.
Lead counsel for Verizon in various advertising disputes relating to its FiOS advanced fiber-optic network and related Internet, television and phone services.
Lead counsel for BASF in various patent and other matters involving genetically-modified crop technology, emission catalysts, and other chemical and agricultural technologies.
Lead appellate counsel for Osram Sylvania in a Federal Circuit appeal that successfully reversed a finding of invalidity on a patent covering Osram’s industry leading high-intensity fluorescent lamp technology.
Co-lead counsel for Honeywell in a jury trial relating to chemical foam blowing agents. After a finding by the trial court of infringement, tried invalidity case to a jury over six days and obtained a verdict of invalidity on three separate grounds and a complete defense win. Successfully argued appeal before the Federal Circuit.
Lead counsel for Siemens in a patent infringement matter involving neurological magnetic resonance imaging technology. Successfully argued motion to dismiss that resulted in dismissal with prejudice of four of the five plaintiffs and any lost profit claims. Obtained favorable claim construction and indefiniteness decision. Case settled on confidential terms following claim construction.
Lead counsel for Schlumberger in patent infringement arbitration involving downhole fluid analysis. Obtained favorable Markman decision and prevailed on various motions before achieving successful settlement for client on eve of final hearing.
Lead counsel for The Boeing Company and other defendants in a trade secret and contract trial relating to work performed on the Geographic Names Database for the National Geospatial-Intelligence Agency. After being hired to defend the case just two months before trial, mounted successful defense over six-day jury trial. At the close of plaintiff’s evidence, argued for and obtained the state equivalent of a directed verdict for all defendants, resulting in win and dismissal of plaintiff’s claims. Majority of dismissal affirmed on appeal and case settled favorably thereafter.
Lead counsel in patent infringement jury trial for Siemens Medical Solutions relating to scintillation crystal technology used in medical imaging scanners. Jury returned a verdict for Siemens and awarded $52.3 million in lost profit damages.
-
Successfully argued appeal before the Federal Circuit and rebuffed attempts at en banc and Supreme Court review.
Lead counsel in successful false advertising suit on behalf of Equal no-calorie sweetener alleging that Splenda no-calorie sweetener misrepresented its artificial product as natural and misled consumers with its “made from sugar” campaign. After a five-week federal jury trial, the jury requested damages expert reports and a calculator and returned a verdict after only four hours of deliberations that was later described to the press as “substantial.”
Obtained dismissal of all claims at summary judgment in patent infringement defense for Siemens Logistics and Assembly relating to a several hundred million dollar United States Postal Service contract for postal sorters. Successfully argued appeal before the Federal Circuit.
Lead counsel in trade secret, unfair competition and contract arbitration involving remote monitoring technology. Obtained complete defense win and also obtained award of attorney fees for our client.
Various other trial and litigation victories in patent, trademark and unfair competition matters.
Successful pro bono representations of deserving individuals and charitable organizations.
More
Memberships & Affiliations
American Bar Association, Intellectual Property and Litigation Sections
Federal Circuit Bar Association
International Trademark Association
Credentials
Admissions & Qualifications
- 1996, District of Columbia
- 1995, Virginia
- Registered to practice before the United States Patent and Trademark Office
Courts
- Supreme Court of the United States
- United States Court of Appeals for the Federal Circuit
- United States Court of Appeals for the Fourth Circuit
- United States Court of Appeals for the Seventh Circuit
- United States Court of Appeals for the Ninth Circuit
- United States Court of Federal Claims
- United States District Court for the District of Columbia
- United States District Court for the Eastern District of Michigan
- United States District Court for the Eastern District of Virginia
- United States District Court for the Northern District of Illinois
- United States District Court for the Southern District of Texas
Education
- Notre Dame Law SchoolJ.D.cum laude1995Managing Editor, Notre Dame Law Review
- Virginia Polytechnic Institute and State UniversityB.S., Mechanical Engineering1992