Overview
Chris Mizzo is a trial lawyer who represents plaintiffs and defendants in their most complex commercial and intellectual property disputes. Chris has extensive experience in all phases of litigation, has first-chaired high-stakes, bet-the-company cases, and routinely tries cases in federal and state courts and before the U.S. International Trade Commission. In addition to his trial work, Chris has experience conducting post-grant reviews before the U.S. Patent and Trademark Office. Chris represents and regularly advises a diverse number of clients in a broad range of industries, ranging from Fortune 100 companies to outstanding, innovative entrepreneurs.
Experience
Representative Matters
Trial counsel for Lenovo in ITC and district court litigation against Ericsson concerning SEPs and NEPs.
Trial counsel for Samsung in district court litigation and IPRs against Network System Technologies, LLC concerning network-on-chip technology.
Trial counsel for Samsung in district court litigation against Techiya concerning earbud technology.
Trial counsel for Samsung in district court litigation against Caltech concerning Wi-Fi technology.
Trial counsel for Samsung in district court litigation and IPRs against Sonrai concerning memory devices.
Trial counsel for Samsung in ITC litigation against Dynamics concerning magnetic emulation technology.
Trial counsel for Samsung in ITC and district court litigation against Ericsson concerning SEPs and NEPs.
Trial counsel for Samsung in an ITC investigation against Pictos concerning image sensors.
IPR counsel for Samsung against Arbor Global Strategies LLC. IPRs have been instituted against the three patents Arbor asserts in litigation.
Trial counsel for Samsung in litigation against Nanoco concerning quantum dot technology.
Trial counsel for Samsung in litigation against Greenthread concerning semiconductor devices.
Trial and IPR counsel for Intel in an ITC investigation and IPRs against Tela Innovations and its patents concerning regular layout concepts for integrated circuits. Tried the case in December 2019. Complete victory for Intel. Multiple IPRs instituted against Tela patents.
Trial counsel for Samsung in an ITC investigation and IPRs against Dynamics and its patents concerning magnetic stripe emulation devices. IPRs instituted against each of the four asserted patents.
Trial counsel for MercuryGate International in trade secret misappropriation and breach of contract action against Amous International and former employee concerning transportation management software. Won two temporary restraining orders and a preliminary injunction, leading to a settlement.
Trial and IPR counsel for Samsung in an ITC investigation and IPRs against BiTMICRO and its patents concerning memory products. Four IPRs instituted against three patents. Resolved shortly before the ITC trial.
Trial counsel for Teva and Watson in an ANDA case against Merck concerning the drug alvimopan (Entereg®). Forced Merck to drop one of two asserted patents and resolved shortly thereafter.
Trial counsel for Dollar Shave Club, Dorco, and Pace Shave in a patent infringement case brought by Gillette concerning razor blade technology. Case resolved shortly before trial.
IPR counsel for Intel in IPRs against patents owned by Godo Kaisha IP Bridge 1 concerning processors and semiconductor devices. IPRs instituted before settlement.
Trial counsel for The Chamberlain Group in a trade secret misappropriation and unfair competition lawsuit against Techtronic Industries. Resolved before the close of fact discovery.
Trial counsel for Sony in a patent infringement case brought by Sony against Arris in the ITC concerning set-top boxes. Brought in as trial counsel before the end of fact discovery. Resolved several weeks before trial.
Representing Teva and Watson in an ANDA case against Eli Lilly concerning tadalafil, which plaintiff markets as Cialis®. Brought in as trial counsel at the start of fact and expert discovery. Resolved the week before trial.
Trial counsel for Sony in litigation and in IPRs concerning video decoding technology. Resolved after the Markman decision.
Trial counsel for Samsung against Nvidia in two ITC actions concerning graphics processing units (GPUs).
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In the first case, Samsung was a Respondent in which Complainant Nvidia asserted seven patents and over 130 claims. Nvidia brought this case seeking a reported $2 billion in royalty payments. Tried the case, resulting in a complete victory for the client.
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In the second case, Samsung was the Complainant and asserted three patents. Tried that case and obtained another victory for the client when the ITC judge recommended that the infringing products be excluded from the U.S.
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These cases were discussed more in Law360’s recognition of Kirkland & Ellis as “Trials Group of the Year."
IPR counsel for Samsung as petitioner against patents asserted by Nvidia in its offensive ITC action.
IPR counsel for patent owner ViiV Healthcare concerning challenges to its anti-HIV combination patent. Resolved before the hearing.
Trial counsel for ViiV Healthcare in Hatch-Waxman patent infringement litigations to protect Epzicom® and Trizivir® brand anti-HIV medications against a number of generic drug companies. Successfully defended the validity of the anti-HIV combination patent and helped protect ViiV’s brand anti-HIV medicine Epzicom® through patent expiry.
Trial counsel for Samsung against Ericsson in an ITC action covering 4G wireless communication technologies. Tried the case in 2013, resulting in a settlement before the ALJ’s initial determination.
Trial counsel for leading consumer electronics and software company against HTC in district court and the ITC to protect smartphone technologies. After a several week trial, obtained a victory for the client and successfully enforced an exclusion order barring HTC’s infringing products from the U.S. After HTC violated the order and began importing its infringing products again, brought an enforcement action on behalf of the client, resulting in a settlement before trial.
Trial counsel for GlaxoSmithKline and ViiV Healthcare in Hatch-Waxman patent infringement litigation to protect Combivir® brand anti-HIV medication.
Trial and appellate counsel for GlaxoSmithKline against the USPTO in what Managing Intellectual Property recognized as the U.S. Patent Case of the Year in 2009. Won preliminary and permanent injunctions before the district court, precluding the implementation of the Patent Office's controversial, sweeping rules that would have limited, among other things, the number of patent claims, continuing applications, and RCEs an applicant may file. Preserved the injunction on appeal to the Federal Circuit and won rehearing en banc. Eventually, the USPTO abandoned its proposed rules, resulting in dismissal of this landmark challenge.
Clerk & Government Experience
Law ClerkHonorable William J. MartiniUnited States District Court for the District of New Jersey2004–2005
InternHonorable Randall R. RaderUnited States Court of Appeals for the Federal Circuit1998
Pro Bono
Veteran’s cases, in partnership with the National Veterans Legal Services Program
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Represented three veterans in their appeals before the United States Court of Appeals for Veterans Claims regarding the denial of their disability benefits claims.
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Represented a veteran who suffered a sexual trauma in the military and was making a claim for disability benefits from the Department of Veterans Affairs.
Legal Aid Clinic
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Works with D.C. residents on issues related to housing law, family law, public benefits, and consumer law.
More
Thought Leadership
Publications
F.C. Mizzo, L. Ben-Ami, J.M. Wacker, J. Bova and J. Lam, “Pharmaceutical IP and Competition Law in the United States: Overview”, Thomson Reuters Global Guide on Practical Law, June 1, 2018
S.M. Knowles and F.C. Mizzo, "The USPTO's Proposed Rule Changes & GlaxoSmithKline's Challenge to the Rules", The Sedona Conference, 2008
B.M. Wexler and F.C. Mizzo, "Unpublished Opinions Rising, But Do They Help?", New York Law Journal, February 11, 2002
Press Mentions
"Samsung Gets PTAB To Review 5 Patents At Heart Of Oct. Trial," Law360, May 20, 2021
"Samsung Lobs Counterclaims At Ericsson In EDTX Patent Suit," Law360, March 12, 2021
A number of news articles have described some of Chris’s notable cases and quoted him on a variety of IP subjects. The articles can be found here.
Seminars
Presented on "The ABC’s of ITC: Patents and the International Trade Commission," GlaxoSmithKline’s Back to School of Law 2017, Chapel Hill, NC, Oct. 26, 2017
Presented on "The PTO's New Rules Are Void: GlaxoSmithKline v. Dudas – Stories from the Front," 15th Annual Kirkland & Ellis Technology & Law Seminar, Chicago, IL, May 16, 2008
Panelist for "Open Forum: Ask the Judges About Patent Litigation," 13th Annual ALI-ABA Trial of a Patent Case, Chicago, IL, September 30, 2005
Recognition
Recognized by The Legal 500 U.S. for Patent Litigation – International Trade Commission, 2022
Recognized by Managing Intellectual Property magazine as an "IP Stars," 2014–2022
Recognized by The Legal 500 U.S. for Intellectual Property – Trade Secrets (Litigation and Non-Contentious Matters), 2020
Memberships & Affiliations
American Bar Association
Credentials
Admissions & Qualifications
- 2000, New York
- 2007, District of Columbia
- Registered to practice before the United States Patent and Trademark Office
Courts
- United States Court of Appeals for the Federal Circuit2000
- United States District Court for the Southern District of New York2002
- United States District Court for the Eastern District of New York2002
- United States Court of Appeals for the Third Circuit2012
Education
- University of Virginia School of LawJ.D.1999Articles Editor, Virginia Journal of Law and Technology
- Rutgers UniversityB.S., Industrial Engineeringsumma cum laude 1996