On Sunday, September 9, 2012, Sports Law Chat (#SLChat on Twitter) will discuss legal issues surrounding Trademarks and Athlete Brands with Peter Perkowski (@PistolPeterski) from 8-9pm ET.
Peter E. Perkowski of Winston & Strawn, LLP
Peter Perkowski is a partner in the Los Angeles office of Winston & Strawn, LLP who concentrates his practice in intellectual property litigation, including patent, trademark, publicity rights, false advertising, copyright, entertainment, and sports matters.
Mr. Perkowski has represented companies in patent infringement disputes involving many technologies and industries, including life sciences, medical devices, Internet technology and interfaces, software and digital technology, and gaming machines. His patent practice has focused on litigation under the Hatch-Waxman Act, which established a regulatory framework for development, approval, and sale of generic drugs. Under this statute, he has litigated cases involving drugs for the treatment of allergies, sleep disorders, depression and anxiety, ADHD, skin conditions, and numerous cancers. Mr. Perkowski also counsels generic pharmaceutical companies on regulatory and pre-litigation issues related to drug approval. His litigation and regulatory work has been critical in helping his clients bring low-cost drugs to market sooner than otherwise, benefiting more than just the clients he represents.
Mr. Perkowski’s non-patent intellectual property work has been wide and varied. He has handled false advertising and trademark cases under the Lanham Act and disputes over rights of publicity, copyright infringement, and trade secret misappropriation. Among Mr. Perkowski’s significant cases are copyright disputes related to the James Bond movie franchise and the Reginald Denny beating video; trade secret disputes between competitors in the sports apparel and video game programming industries; and disputes involving television and film contracts. He was also a member of the Disney trial team on Katzenberg v. Disney, an infamous dispute involving the valuation of some of Disney’s best-known intellectual property.
Significant Cases and Decisions:
In 2009, Mr. Perkowski achieved a favorable result for a pharmaceutical company involving a cancer chemotherapy drug. After successfully resisting the brand company’s efforts to transfer the case to its “home town” court, Mr. Perkowski obtained summary judgment invalidating a key patent. The decision, recently affirmed on appeal, permitted generic market entry two-and-a-half years early.
In a later case involving the same drug, Mr. Perkowski beat back the assertion of another patent in the U.S. International Trade Commission. Moving quickly in a declaratory judgment action that had been filed earlier in district court for the client, Mr. Perkowski’s summary judgment motion convinced the brand company it would lose both cases. The brand thus agreed to “walk away” from all pending cases—worldwide—against the client involving the patent, effectively winning cases in at least six courts in five different countries.
In another case, Mr. Perkowski was instrumental in designing and implementing a novel litigation strategy that allowed his client to launch its generic chemotherapy agent years before expiration of the brand company’s patents. After obtaining summary judgment that the proposed generic drug product did not infringe a patent blocking market entry, Mr. Perkowski’s client was able to launch first, capturing the lion’s share of the generic market. Mr. Perkowski also took a key role in the legal and regulatory battle that followed, which involved issues of first impression and in which the brand tried and failed, in four different courts, to keep the client’s drug off the market.
Mr. Perkowski is a recognized leader in the appellate practice of Winston & Strawn’s Los Angeles office. He has appeared for clients in cases before federal and state appellate courts, including the U.S. Supreme Court, U.S. Courts of Appeal for the 3rd, 5th, 9th, and Federal Circuits, and the California Supreme Court. He is also frequently asked to consult with colleagues on appellate matters in these and other courts.