Kurt Glitzenstein, a patent trial lawyer, leads cases in venues across the United States, including the District of Massachusetts, the District of Delaware, the Northern District of California, the Eastern District of Texas, the District of New Hampshire, and the ITC (International Trade Commission). He also represents clients in global lawsuits and overseas proceedings. Mr. Glitzenstein has gone to trial in venues throughout the United States, as well as in the UK, Germany, and Australia.
A highly experienced courtroom lawyer, Mr. Glitzenstein first-chairs trials and key hearings, including Markman hearings, and stays on the front lines of his cases. His hands-on approach includes moving forward with a deep understanding of a client’s business, and business objectives, allowing him to quickly provide clients with targeted guidance on vital issues and opportunities that arise during the course of patent litigation. His cases have spanned a wide range of mechanical, electrical, and computer software technologies, from bearing and pumps in consumer and industrial products, to medical devices in the electrotherapeutic, diagnostic, and coronary fields, to the algorithmic intricacies of computer software, to the sophisticated technologies of optics, lasers, fiber optics, telecommunications, industrial and systems control.
As a result of his many longstanding client relationships, Mr. Glitzenstein routinely provides counsel and guidance at all stages of a legal dispute. Thus, clients frequently consult with him even before a lawsuit is filed to work on sensitive and highly confidential pre-suit matters, including offensive strategies and defensive strategies for litigation avoidance. At the other end of the spectrum, Mr. Glitzenstein has briefed and argued appeals for clients on issues that include claim construction, infringement, validity, patent office practice, and trade secrets. Mr. Glitzenstein was an essential member of the appellate team in Uniloc v. Microsoft, a landmark decision in which the Federal Circuit rejected the use of the 25% rule of thumb for calculating a reasonable royalty for infringement damages.
Since the enactment of the Leahy-Smith America Invents Act (AIA), Mr. Glitzenstein has broadened his practice to integrate strategies that incorporate post-grant proceedings, including inter partes review (IPR). He has successfully litigated IPRs for both the patent owner and the patent challenger, in fields as diverse as medical devices and optical systems.
In addition to his patent litigation practice, Mr. Glitzenstein chairs the firm’s alternative fee program, where he oversees the budgeting and resource allocation for a wide range of disputes in forums throughout the United States.
