Mr. Bromberg is a trial attorney who concentrates in the area of Intellectual Property/Information Technology. He has successfully handled a wide range of patent infringement actions, as well as trademark, copyright, trade secret and unfair competition cases in high technology areas.
Lee Bromberg has tried cases in courts throughout the United States and has had extensive experience in presenting complex technical and scientific subject matter to courts and to juries. He has built a strong record of wins for his clients in pharmaceuticals, medical devices, life sciences, power systems, software and electronics. In a medical device case, for example, Mr. Bromberg secured a jury verdict denying any recovery on a claim for over $30 million in patent infringement damages. In a pharmaceutical case he teamed with a New York firm to obtain a jury verdict of $65 million, the largest verdict of the year in Massachusetts. Mr. Bromberg also obtained a verdict of infringement for Abbott Laboratories which upheld a multi-year licensing program for patents directed to immunochemical diagnostic devices. He also obtained a technology license arbitration award over $11 million, including an award of attorney fees, on behalf of an R & D lab which had developed ground-breaking technology for medical treatment and diagnostic equipment. In the areas of power systems, electronics and software, he has won a $25 million dollar judgment for willful patent infringement in a case involving electro-magnetic motors, won a verdict of infringement and a multimillion dollar settlement in a subsequent case, won summary judgment of non-infringement for a maker of power converters, which foreclosed a multimillion dollar damages claim, defeated a multimillion dollar claim based on speech recognition software patents, and secured enforcement of an extensive licensing program for CAD/CAM software. In many of these and other cases, Mr. Bromberg has upheld his trial victory in the appeals court.
Mr. Bromberg has been named a World's Leading Patent Litigator by IAM Patent Litigation 250, and has been recognized as a Chambers USA "Leaders in their Field" lawyer for 2007-2012. He has been named among the top 100 lawyers in Massachusetts, listed inThe Best Lawyers in America for intellectual property, and named as a "Super Lawyer" in the field of intellectual property. He has received one of the highest peer review ratings from Martindale Hubbell, based on a survey of other lawyers and judges.
His patent infringement practice on behalf of numerous national companies has involved a wide array of technologies, including pharmaceuticals, biotechnology, recombinant DNA, immunochemistry, high speed chromatography, electrochemical biosensors, polymer plastics, intravenous valves and equipment, surgical techniques, diagnostic devices, voice recognition software, CAD/CAM software, web site operating software, telephone circuitry and call-routing systems, image processing systems, electric motors, circuits, motor drives, electronic appliances and devices, mechanical compression packing and road marking devices. Mr. Bromberg has served as a court-appointed discovery master in patent litigation. He has also testified as an expert witness on patent litigation and on trademark law and practice. He led the Task Force that obtained implementation of local patent rules in the Massachusetts federal court.
Mr. Bromberg has represented nationally known companies in trademark and trade dress cases and has assisted a number of clients in copyright and trade secret misappropriation disputes. For example, in a Lanham Act false advertising case involving musical instruments, he won a jury verdict of $20.7 million, described as "the largest financial judgment in music industry history" by Music Trades Magazine. He has represented Harvard University in a series of trademark cases and in disputes over domain names. Mr. Bromberg's practice also includes client counseling, negotiation and alternative dispute resolution in intellectual property matters and complex commercial matters.
He has previously served as a Special Assistant Attorney General to the Massachusetts Attorney General on civil rights cases in the courts. He has also previously served as Clinical Associate Professor of Law at Boston University School of Law.
Mr. Bromberg is a Trustee, Massachusetts Continuing Legal Education, Inc., former President, Boston Patent Law Association, Board Member of the Ford Hall Forum, Vice President of the Board of Boston Baroque and former President and Board Member of All Newton Music School, Inc. He has held leadership positions in national, regional and specialty bar associations. And currently serves as a Fellow of the Boston Bar Foundation.
Memberships & Affiliations
Former President, Boston Patent Law Association
Trustee, Massachusetts Continuing Legal Education, Inc.
Former Councilor and Litigation Section Chair of the Boston Bar Association
Fellow and Former Trustee, Boston Bar Foundation
Speaker, Panel Organizer, American Bar Association
Member, Speaker, American Intellectual Property Law Association
News
03/22/12, Chambers USA 2012 Awards "Leading Lawyer" Rankings to 51 McCarter Lawyers
09/06/11, The Best Lawyers in America Recognizes 34 McCarter Lawyers in 2012 Referral Guide
06/10/11, Chambers USA 2011 Awards "Leading Lawyer" Rankings to 42 McCarter Lawyers
01/13/2011, Lee Bromberg quoted in Boston Business Journal - "The Game Changers" review of top IP cases for 2010
08/11/10, The Best Lawyers in America Recognizes 35 McCarter Lawyers in 2011 Referral Guide
03/26/10, 33 McCarter & English Lawyers Included in 2010 Chambers USA
01/13/10, Boston Patent Law Association Files Amicus Brief in Myriad Case (U.S. Dist. Ct. NY)
01/11/2010, Lee Bromberg quoted in Mass Lawyers Weekly addressing whether there is a requirement for a "written description" of the invention separate from the "enablement" requirement, and if so, what is the scope of the "written description" requirement
08/26/2009, Prominent Intellectual Property Lawyers Lee Bromberg and Erik Belt Join McCarter & English
Speaking
04/19/12, Brand-Name Genes - Ford Hall Forum
Lee Carl Bromberg
Moot Court Room, Suffolk University Law School
11/16/11, Speaker on New Trends in Litigation of Life Science Patents at the Comparative Patent Practice Conference in Tokyo, Japan
Lee Carl Bromberg
11/15/11, Speaker on Patents and Experts at the Comparative Patent Practice Conference in Tokyo, Japan.
Lee Carl Bromberg
11/16-17/10, Speaker on US patent law and litigation at the Comparative Patent Practice Conference in Tokyo, Japan
Lee Carl Bromberg
11/01/10, "Managing Patent Litigation from a Legal and Business Perspective" at the Retail Industry Leaders Association Law Conference in Clearwater, Florida.
Lee Carl Bromberg
09/01/10, "Inequitable Conduct: New Clarity From Therasense?", Amelia Island Intellectual Property Seminar in Amelia Island, FL
Lee Carl Bromberg
07/01/10, "Basics of Hatch-Waxman Litigation and the New Rules for Biologics", American Conference Institute's Hatch-Waxman Boot Camp, Boston, MA
Lee Carl Bromberg
06/10/10, "Patenting Gene Sequences and the Myriad Case", Memorial Sloan-Kettering Cancer Center, New York, NY
Lee Carl Bromberg
06/01/10, "Strategic Considerations for Markman, Including a Mock Markman Presentation", North American South Asian Bar Association 2010 Annual Conference, Boston, MA
Lee Carl Bromberg
Events
11/16/2010, Comparative Patent Practice Conference - Tokyo, Japan
Publications
06/29/2010, Supreme Court Preserves Wide Scope For Patentable Subject Matter
IP/IT Alert