Victor H. Polk, Jr. focuses his practice on the trial of complex business and intellectual property disputes. He is experienced in dealing with all types of intellectual property disputes, including cases involving patents, copyrights, trademarks, licensing agreements and trade secrets. He has tried a number of cases in jury and bench trials and arbitrations.
Vic's patent cases have involved a wide range of technologies, including: cellular phones [Potter Voice v. Samsung(voice recognition database search technology),Flatworld v. Samsung(user interface fling functionality),Cellport v. Samsung(selector for network communications channels) andMobile Telecom Tech v. Samsung(methods for processing data messages between a network operations center and a mobile device)]; computer user interfaces (CDD v. Samsung); liquid crystal display monitors (CEA v. ViewSonic and Guardian Industries v. ViewSonic); aerosol spray plume analyzers (Proveris Scientific v. Innova Systems); electronic patient diaries (PHT v. CRF); manifold valve for use with air mattress (Select Comfort v. Tempur-Pedic); visco-elastic foam mattresses and pillows (Tempur-Pedic v. SimmonsandTempur-Pedic v. Sealy); and sporting goods (Warrior Lacrosse v. Brine).
Vic also handles many trademark, copyright and trade secret cases. His copyright cases regularly deal with software issues (e.g.,Escher v. AnPost), but also involve a wide variety of other issues, including summarizing newspaper articles (e.g.,Nihon Keizai Shimbun v. Comline Business Data, Inc.) and fabric designs (e.g.,Eastern Accents v. Ashley Furniture). Vic's trademark cases have run the gamut from traditional likelihood of confusion issues (e.g.,Operation ABLE of Greater Boston v. National Able Network, Inc. andEquine Technologies, Inc. v. Equitechnology, Inc.) to issues of genericness (e.g.,Boston Duck Tours v. Super Duck Tours) and geographic misdescriptiveness (e.g.,Japan Telecom v. Japan Telecom America).
Vic has also tried and handled a series of disputes concerning the licensing of software and patents. These includedICAM v. Parametric Technology Corporation(software license),Fidelity Investments v. Actuate Corporation(software license),Acer Snowmec v. MOH(license of indoor snowmaking technology patents) andENPAR Technologies Inc. v. Biosource, Inc. (license of water purification patent).
Vic also continues to work with various private equity clients and their portfolio companies. He has tried cases including claimed breaches of fiduciary duties, enforcement of letters of intent, exclusivity agreements and post-closing purchase price adjustments.
Vic is an active member of the American Intellectual Property Law Association, the Co-Chair of the Copyright Committee of the Boston Patent Law Association, and was the Co-Chair of the Intellectual Property Litigation Committee of the Boston Bar Association. He has frequently been quoted on his views of developments in the law as it pertains to the Internet, including in theWall Street Journal,TheNewYork Times,TheAssociatedPressandTheBostonGlobe.
Areas of Concentration
•Intellectual property litigation
•Complex business disputes
Awards & Recognition
•Listed,IAMmagazine, The IAM Patent 1000, Litigation, 2012-2014
•Listed,TheBest Lawyers in America, Litigation - Intellectual Property, 2009-2014
•Listed,Super Lawyersmagazine,Massachusetts Super Lawyers, 2004-2013
•Listed,Bostonmagazine, New England Super Lawyers, 2005-2011
•Rated, AV Preeminent 5.0 out of 5AV , BV , AV Preeminent and BV Distinguished are registered certification marks of Reed Elsevier Properties Inc., used under in accordance with the Martindale-Hubbell certification procedures, standards and policies.
Articles, Publications, & Lectures
•Quoted, The Patent Troll Debate,Massachusetts Lawyers Weekly, March 10, 2014
•Co-Author, When Patented Technologies Get Put to Experimental Use: Practical Considerations for Nanotech R&D,Nanotechnology Law & Business, Fall 2011
•Author, Internet Defamation Unmasked,WallStreetLawyer.com, 2001
•Author, Internet and eCommerce Litigation: Now the Hard Part,MCLE Internet and E-Commerce Litigation: Resolving Disputes and Litigating Accidents on the Information Superhighway, 2000
•Author, ISP Immunity Gives Little Recourse for the Defamed,National Law Journal, April 26, 1999
•Author, Equitable Defenses to the Invocation for the Copyright Act's Statute of Frauds Provision,Journal of the Copyright Society of the USA, Vol. 46, 1999
•Co-Author, On-Line Business Torts: Defamation; Copyright; Privacy; Employee E-mail,MCLE Electronic Commerce Update '98: Cutting Edge Issues for the Networked Economy, 1998
•Lecturer, Damages: The Neglected Child, American Intellectual Property Law Association, Annual Meeting, 2003
•Lecturer, Internet Litigation 2001, MCLE, 2001
•Lecturer, Sex, Drugs & Rock-n-Roll: Problem Legal Issues on the Internet, American Bar Association Annual Meeting Program, 2000
•Lecturer, Internet and eCommerce Litigation: Resolving Disputes and Litigating Accidents on the Information Superhighway, MCLE, 2000
•Lecturer, Electronic and Internet Commerce at the Dawn of the 21st Century, MCLE, 1999
•Lecturer, Electronic Commerce Update '98: Cutting Edge Issues for the Networked Economy, MCLE, 1998
Associated News & Events
06.23.14 Greenberg Traurig's Global Patent Litigation and Prosecution Practices Recognized by IAM Patent 1000
06.09.14 Greenberg Traurig's Boston Office Rides in 2014 Best Buddies Hyannis Port Challenge, Raises over $115,000 to Support the Organization
11.04.13 16 Greenberg Traurig Attorneys Included in the 2013 Edition of Massachusetts Super Lawyers
08.15.13 10 Greenberg Traurig Boston Attorneys Listed in 2014 Edition of Best Lawyers in America
06.26.13 Greenberg Traurig Massachusetts Intellectual Property Shareholders Recommended in IAM Patent 1000 for Second Consecutive Year
06.03.13 Greenberg Traurig's Global Patent Litigation and Prosecution Practices Recognized by IAM Patent 1000
07.10.12 Greenberg Traurig Massachusetts IP Shareholders Recognized in Intellectual Asset Management's (IAM) Patent 1000: The World's Leading Patent Practitioners
06.08.12 10 Greenberg Traurig Shareholders Recognized in Intellectual Asset Management's (IAM) Patent 1000
05.08.08 Greenberg Traurig Expands Intellectual Property Practice in Boston Office With Addition of Victor H. Polk Jr.
10.03.11 When Patented Technologies Get Put to Experimental Use: Practical Considerations for Nanotech R&D