Professional Experience
Donald J. Curry joined the firm in 1986. He has extensive experience in patent, trade secret and copyright litigation in the computer, pharmaceutical and chemical industries, including extensive experience in patent damages issues, as well as general counseling on intellectual property matters.
Mr. Curry has been lead counsel for IBM in litigations involving technologies such as local area networks, e-Commerce, client/server systems and point of sale devices. He has also litigated on behalf of Genzyme, Bristol Myers-Squibb, American Maize Products Co., Essilor and other companies.
Mr. Curry is currently the Pro Bono Coordinator for the firm.
Awards and Recognition
Donald Curry was named a recipient of the 2010 Burton Award for Legal Achievement for his article, "Will The Supreme Court Push Back Again On The Patent Pendulum?" originally published in the February 2009 issue of Intellectual Property Today. Mr. Curry was also recognized by the Legal Aid Society in 2010 for outstanding service to Legal Aid clients in the area of predatory lending.
Professional Activities
American Bar Association; American Intellectual Property Law Association; New York Intellectual Property Law Association; Federal Circuit Editor for the ABA Appellate Practice Journal (1990-1998); author of articles on Computer Law for the NYIPLA Intellectual Property Law Annual (1994-1999); Phi Kappa Phi; Tau Beta Pi; Pro Bono Committee of the Federal Circuit Bar Association; Advisory Board Member, Legal Aid Society's Community Development Project
Representative Matters
· Genzyme against generic drug companies in two trials relating to a patented drug used to treat hyperparathyroidism associated with end stage renal disease.
· IBM against Automated Facilities Management in a patent lawsuit relating to software for the management of operational facilities.
· IBM against JuxtaComm Technologies, Inc. in a patent infringement lawsuit relating to software for transforming and exchanging data between distributed, heterogeneous computer systems.
· IBM against Fair Isaac on claims of patent infringement, trade secret misappropriation, breach of contract and copyright infringement in connection with IBM's business process management software.
· IBM against Sky Technologies in a lawsuit charging IBM with patent infringement, trade secret misappropriation and breach of contract on patents related to automated contract negotiation software.
· IBM against Datapoint Corporation in connection with a patent infringement lawsuit involving "Fast Ethernet" standards for local area networks.
· IBM against Automated Facilities Management Corp. in a patent infringement lawsuit relating to a client-server system for managing operational facilities.
· IBM against Ohayon on a claim of patent infringement relating to cordless telephone technology.
· IBM against Orenshteyn on a claim of patent infringement relating to software for providing remote application services.
· IBM against Valutron in a patent lawsuit relating to point of sale devices.
· IBM against against Berkeley in a patent lawsuit relating to personal computer technology.
· IBM against McElwee in a patent lawsuit relating to computerized kiosk devices.
· Essilor against Vision-Ease Lens Inc. in a patent and breach of non-disclosure agreement case involving ophthalmic lenses.
· Bristol-Myers Squibb against Rhone-Poulenc Rorer in a patent lawsuit relating to anti-cancer drugs.
· American Maize Products against Grain Processing Corp. in a patent lawsuit relating to food additives.
· Hoffman La-Roche against Organon on a patent relating to nucleic amplification and detection.
· Union Carbide in a patent and trade secret case relating to gas treating solvents.
Decisions
Representative Cases
Genzyme Corporation v. Pentech Pharmaceuticals, Inc. and Cobrek, Inc.
N.D. Ill. 2012
Fair Isaac Corp. v. IBM Corp. / IBM Corp. v. Fair Isaac Corp.
D. Minn. 2006
Sky Technologies LLC v IBM Corporation
E.D. Tx. 2006
Shalom Ohayon v. AT & T Corp, et al.
E.D.N.Y. 2005
Vision-Ease Lens, Inc. v. Essilor International S.A.
D. Minn. 2004
Bristol-Myers Squibb Company v. Rhone-Poulenc Rorer, Inc. et. al.
Fed. Cir. 2003
Datapoint Corporation v. Standard Microsystems
Fed. Cir. 2002
Grain Processing Corp. v. American Maize-Products Co.
Fed. Cir. 1998
Publications/Events
Publications
News. Is it hot or not?
Financier Worldwide
July, 2010
When Key Employees Leave: Protecting Intangible Assets Absent A Non-compete Agreement
Financier Worldwide
October 2009
Will the Supreme Court Push Back Again On The Patent Pendulum?
Intellectual Property Today
February 2009
Effect of 'Knorr-Bremse' on Decisions to Rely on Opinion of Counsel
The New York Law Journal
May 12, 2005