Anthony J. Viola has more than twenty years of experience in the area of complex and commercial litigation, with particular emphasis on intellectual property litigation, contract disputes, distribution arrangements, shareholder and investor lawsuits, antitrust, and business dissolutions. His experience encompasses a wide range of industries and issues. He has been lead trial counsel in state and federal courts, and in proceedings before the AAA. He also has extensive appellate experience.
Mr. Viola has been recognized byWorld Trademark Review as one of its WTR 1000 Leading Trademark Practitioners since the inception of that ranking in 2010. The WTR 1000 is a global ranking of leading practitioners based on in-depth interviews conducted by the editors atWorld Trademark Review.
Mr. Viola has also been recognized by BTI Consulting Group as one of itsClient Service All-Stars for 2014 and in prior years, an elite group of attorneys nominated solely and exclusively by Corporate Counsel of Fortune 1000 and billion dollar organizations during confidential interviews. No one can self-nominate or pay to be aClient Service All-Star.
Mr. Viola was recognized in 2014 as an IP Star byManaging Intellectual Property magazine, a comprehensive guide that highlights market-leading intellectual property attorneys in the United States.
Mr. Viola was featured in Law 360's Prominent Litigator Series published inIP Law 360 andNew York Law 360 in June of 2011. He also has an AV PreeminentMartindale-HubbellPeer Review Rating.
•Repeatedly appeared as lead trial and/or appellate counsel in high-stakes Hatch-Waxman litigations, including two trials to decision. These cases involved products with sales in the billions of dollars and hundreds of millions of dollars, respectively. The litigated issues in these cases run the gamut from anticipation to obviousness to enablement to inequitable conduct. One of these cases resulted in an award of attorneys fees to Mr. Viola's client. It is believed to be the largest such award in an ANDA case to date.
•Successfully represented client charged with violating an injunction entered as part of a settlement in a Lanham Act case. The injunction was vacated both retroactively and prospectively. The decision was upheld on appeal.
•Represented defendant in Lanham Act repackaging case which made new law. Case was won on summary judgment, and through appeal.
•Defense of global electronics manufacturer in consolidated class action antitrust cases.
•Ongoing representation of $2 billion pharmaceutical/health and beauty aids distributor in a wide variety of matters including regulatory, Prescription Drug Marketing Act, trademark, contract, fraud and tort issues.
•Lead litigation counsel for industry leading hair-care wholesaler; implemented litigation strategy which resulted in winning or settling all major existing litigations, and which resulted in near elimination of marketing impediments.
•Represented major name-brand pharmaceutical manufacturer in Sherman and Robinson-Patman Act class actions.
•Represented a global computer manufacturer in a series of litigations designed to protect patents and copyrights in proprietary peripheral bus hardware and software.
•Defended surgical equipment manufacturer in several patent infringement cases involving medical devices, from surgical sutures to surgical staplers to trocars.
•Defended wholesale distributor of pharmaceuticals in several trademark cases involving various products where it was alleged that the products were rendered non-genuine for failure to adhere to manufacturer's quality control strictures, or for removal of batch and date codes.
•Represented plaintiff clothing manufacturer in suit alleging trademark infringement by another clothing manufacturer.
•Lead counsel at arbitration hearing in which board member and majority stockholder were sued by minority stockholders of company in which a down round transaction was effectuated. Claimants alleged breach of fiduciary duty, fraud, and breach of stockholders' agreement. Award for client.
•Defended accounting firm in first post-PSLRA 10(b)-5 action against accountants to go to verdict. Unanimous jury verdict for defense.
•Representation of major firms and individual brokers in 10(b)-5 actions and in NASD arbitrations. Achieved the extraordinary relief of having all references to an arbitration expunged from individual brokers' CRD.
•Representation of registered representatives in various NASD investigations regarding supervisory responsibilities, qualifications, etc.
•Represented income beneficiaries of $700 million trust in dispute with trustees over diversification and corporate control issues. The matter was litigated through trial and appeal.
•Represented northeastern railroad as plaintiff under Sherman Act 1 and 2.
•Defense of Fortune 500 media company and individual directors in securities class action and derivative suits alleging breaches of fiduciary duties
•Ethicon, Inc. v. FDA, 762 F.Supp. 382 (D. D.C. 1991);
•In Re Tri-Star Pictures, Inc., 634 A.2d 319 (Del. Supr. 1993);
•Republic of Croatia, et al. v. Trustee of the Marquess of Northampton 1987 Settlement, 203 A.D.2d 167, 610 N.Y.S.2d 263 (1994);
•In Re Tri-Star Pictures, Inc., Fed. Sec. L. Rptr. (CCH) 98, 818 (Del. Ch. 1995), 1995 Del. Ch. Lexis 27;
•Republic of Croatia, et al. v. Trustee of the Marquess of Northampton 1987 Settlement, 232 A.D.2d 616, 648 N.Y.S.2d 25 (1st Dep't 1996);
•Lykes Pasco, Inc. v. Ahava Dairy Products, 1997-2 Trade Cases (CCH) 72, 011 (E.D.N.Y. 1997), 1997 U.S.Dist. Lexis 19248;
•John Paul Mitchell Systems v. Quality King Distributors, et. al., 106 F.Supp.2d 462 (S.D.N.Y. 2000);
•American Manufacturers Mutual Insurance Co. v. Quality King Distributors, Inc., 280 A.D.2d 501, 721 N.Y.S.2d 83 (2d Dep't 2001), rearg. granted, 287 A.D.2d 527, 731 N.Y.S.2d 234 (2d Dep't 2001);
•Takeda Chemical Industries, Ltd., et al. v. Watson Pharmaceuticals, Ltd., et al., 329 F. Supp. 394, 71 US P.Q. 1739 (S.D.N.Y June 9, 2004);
•Takeda Chemical Industries, Ltd., et al. v. Alphapharm Pty., Ltd., et al., 2004 WL 1872707 (S.D.N.Y. Aug. 19, 2004);
•Takeda Chemical Industries, Ltd., et al. v. Mylan Laboratories, Inc., et al., 2005 WL 1457696 (S.D.N.Y. June 15, 2005);
•Takeda Chemical Industries, Ltd., et al. v. Mylan Laboratories, Inc., et al., 2005 WL 1398602 (S.D.N.Y. June 15, 2005);
•Takeda Chemical Industries, Ltd., et al. v. Alphapharm Pty., Ltd., et al., 2005 WL 1678001 (S.D.N.Y. July 19, 2005);
•Takeda Chemical Industries, et al. Ltd. v. Mylan Laboratories, Inc., et al., 2005 WL 1812996 (S.D.N.Y. Aug. 3, 2005);
•Takeda Chemical Industries, Ltd., et al. v. Mylan Laboratories, Inc., et al., 2005 WL 2092920 (S.D.N.Y. Aug. 31, 2005);
•Takeda Chemical Industries, Ltd., et al. v. Mylan Laboratories, Inc., et al., 2006 WL 44053 (S.D.N.Y. Jan. 9, 2006);
•Takeda Chemical Industries, Ltd., et al. v. Alphapharm Pty., Ltd., et al., 2006 WL 137374 (S.D.N.Y. Jan. 11, 2006);
•Takeda Chemical Industries, Ltd., et al. v. Alphapharm Pty., et al., Ltd., 2006 WL 83366 (S.D.N.Y. Jan. 11, 2006);
•Takeda Chemical Industries, Ltd., et al. v. Alphapharm Pty., Ltd., et al., 2006 WL 66480 (S.D.N.Y. Jan. 12, 2006);
•Takeda Chemical Industries, Ltd., et al. v. Mylan Laboratories, Inc., et al., 2006 WL 83112 (S.D.N.Y. Jan. 12, 2006);
•Sherman Gottlieb v. Carnival Corporation, 2006 WL 257103 (2d Cir. Feb. 3, 2006)
•People v. Coad, 810 N.Y.S.2d 670 (2d Dep't 2006)
•Takeda Chemical Industries, Ltd., et al. v. Mylan Laboratories, Inc., et al., 417 F. Supp. 341 (S.D.N.Y. 2006)
•Farouk Systems, Inc. v. Target Corporation, Inc., 2006 WL 2583449 (S.D. Tex. Sept. 6, 2006), 81 U.S.P.Q.2d 1151;
•Takeda Chemical Industries, Ltd., et al. v. Mylan Laboratories, Inc., et al., 2006 WL 2686779 (S.D.N.Y. Sept. 20, 2006).
•Takeda v. Mylan, Alphapharm, Civil Action No. 03-CV-8252, 04-CV-1966 (DLC), 2007 WL 840368 (S.D.N.Y.).
•Takeda v. Alphapharm, 492 F.3d 1350, Fed. Cir. 2007.
•Matrix Essentials v. Quality King Dists., Inc., et al., 522 F.Supp.2d 470 (E.D.N.Y., 2007).
•Victory Int'l. Inc. v. Perry Ellis Int'l. Inc., et al., 2008 WL 65177 (D.N.J. January 2, 2008).
•Farouk Sys. Inc. v. Target Corp., Inc., et al., 2008 WL 181130 (5th Cir. January 22, 2008).
•Smart Science Labs, Inc. v. Promotional Marketing Svcs., Inc., 2008 WL 2790219 (M.D. Fla. Jul. 18, 2008).
•People v. Besaha, No. 863 N.Y.S.2d 238 (2nd Dep't 2008).
•Takeda Chem. Indus., Ltd. v. Mylan Laboratories, Inc., 549 F.3d 1381 (Fed. Cir. 2008) rehearing denied (2009).
•People v. Singh, 875 N.Y.S.2d 553, 2009 (2nd Dep't 2009).
•Matrix Essentials, Inc. v. Quality King Dists., Inc., 324 Fed Appx. 22, 2009 WL 1010029 (Second Cir., April 15, 2009).
•Mitsubishi Chemical Corp. v. Barr Labs, Inc., --F.Supp.2d--, 2010 WL 2471741 (S.D.N.Y., June 16, 2010).
•People v. McKinnon, 911 N.Y.S.2d 404 (2nd Dep't 2010).
•People v. Barley, -- N.Y.S.2d --, No. 2009-03243 (2nd Dep't 2011).
Before Edwards Wildman
Mr. Viola joined the Firm in 1997 after ten years of private practice at Dewey Ballantine, LLP.