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    Home /  Lawyers /  Garrard R. Beeney

    Garrard R. Beeney

    Of Counsel

    Garrard R. Beeney Headshot Photo Portrait backdrop

    New York

    +1-212-558-3737

    |

    beeneyg@sullcrom.com

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    Garrard Beeney is a member of Sullivan & Cromwell’s Intellectual Property and Technology Group. Mr Beeney was a partner in the practice from 1987 to 2024 and started S&C’s IP practice and served as the head and then co-head of the practice for more than 20 years. Mr. Beeney is regularly recognized as a leading lawyer for his counsel to clients on intellectual property and licensing transactions and litigation matters around the world. IAM Patent 1000 lauds Mr. Beeney as “the person to connect with when you want to push the boundaries,” commenting that he is “one of the best in the business” and “a fine litigator with sound judgment and strong pragmatic instincts.” Peers report, “when there is something you can’t do, you send it to him.” Legal500 reports that Mr. Beeney has unparalleled experience advising on the formation of patent licensing pools.

    Mr. Beeney has handled patent and intellectual property matters before the U.S. Supreme Court, the International Trade Commission, the U.S. Patent Trademark Office, federal district and appellate courts, arbitrations in a variety of forums, and regularly advises on non U.S. litigation, particularly in the European Community. He has represented both plaintiffs and defendants in infringement actions and advises plaintiffs on patent selection in pre-suit due diligence. Mr. Beeney has also represented clients before U.S. and European competition law authorities, particularly at the intersection of intellectual property and competition laws.

    Beyond litigation, Mr. Beeney’s work includes advising clients on FRAND, patent damages, licensing, monetization, and pool formation and multi-party licensing. He has expertise structuring, drafting and negotiating IP-intensive transactions, including in the context of licensing, joint ventures, monetization, divestitures and other corporate transactions. Mr. Beeney’s licensing experience expands beyond the U.S., including the European Union, Korea, Japan and China.

    Clients commend Mr. Beeney for his collaborative approach to matters, as The American Lawyer recently noted, quoting BlackBerry’s counsel: “I don’t think I have ever worked with counsel that have worked as collaboratively on a litigation as big as this. They made it easy for us to be full partners in this endeavor.”

    Mr. Beeney is a frequent speaker at IP, antitrust and legal forums and often contributes thought leadership pieces, particularly in the area of standard essential patents and world-wide licensing.

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    Spotlight

    Eight S&C Intellectual Property Lawyers Named to IAM Patent 1000

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    Six S&C Intellectual Property Lawyers Recognized in IAM Patent 1000 2023

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    S&C’s Garrard Beeney, Marc De Leeuw and Dustin Guzior Named ‘Litigators of the Week’ for Ocado Settlement in ‘Robot Wars’

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    In Global IP Disputes Called the ‘Robot Wars,’ S&C Secures Settlement for Client Ocado Group plc

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    • Experience
    • Rankings and Recognitions
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    • Publications, Videos and Podcasts
    • Credentials
    • Related Practices
    Experience

    Experience

    Trial Experience

    Mr. Beeney has been inducted as a Fellow of the American College of Trial Lawyers⁠⁠—an organization composed of preeminent members of the trial bar from the United States and Canada⁠⁠—and recognized as the leading trial lawyers’ organization in both countries. IAM calls Mr. Beeney “one of the best trial lawyers on the planet.” Mr. Beeney’s recent victories include:

    • A successful trial for Ocado Group before the International Trade Commission concerning an ITC Section 337 investigation based on allegations of infringement of five patents. The Commission unanimously affirmed the Chief Administrative Law Judge’s ruling in Ocado’s favor on all claims and patents, finding three patents invalid and one not infringed (the fifth patent was withdrawn the day before trial)
    • A unanimous verdict in favor of Columbia University in a two-week patent infringement jury trial against NortonLifeLock in the Eastern District of Virginia. A unanimous 8-person jury found each claim Columbia asserted to be infringed, found willful infringement, and awarded Columbia $185 million. The final judgment is stipulated to be $600 million with fees, costs, enhancements and interest
    • A successful arbitration for Blackberry Limited in a dispute with Qualcomm Incorporated, in which Blackberry was awarded $940 million, for which Mr. Beeney was recognized as The Am Law Litigation Daily’s “Litigator of the Week”

    • A successful verdict for Stryker Corporation in a case before the U.S. Supreme Court that addressed the standard for awarding enhanced damages in patent infringement actions
    • MPEG LA, in a successful breach of patent license contract jury trial in New York State Court
    • MPEG LA, in a successful trial against Alcatel Lucent regarding digital compression, for which Mr. Beeney also was recognized as The Am Law Litigation Daily’s “Litigator of the Week”
    • Dyson PLC, in a successful patent infringement jury trial in Wilmington, Delaware
    • A successful verdict in a bench trial in a pro bono matter in the Northern District of Florida
    • A successful verdict after trial in the United States District Court for the District of Columbia
    • A successful jury verdict in the United States District Court for the District of Delaware for Philips Electronics

    Licensing Matters

    • Multiple Patent Pools, in world-wide licensing of standard essential patents
    • Dolby, in various matters including world-wide licensing and matters involving its patent portfolio.
    • InterDigital, in connection with its patent license with Samsung
    • Kodak, in patent licensing transactions relating to its digital imaging portfolio with LG, Samsung and others
    • Philips, in the formation of a consortium consisting of more than 20 companies and multiple license agreements to organize and monetize a patent portfolio related to the use of multiple standards in a product, rather than a license limited to one standardized technology. Mr. Beeney advised on all aspects. including IP and competition law
    • Skype, in its widely reported agreement with Facebook (U.S.) to make Skype products and services available on Facebook platforms
    • Valeant Pharmaceuticals, in its collaboration agreement with AstraZeneca (U.K.) under which Valeant was granted an exclusive license to develop and commercialize brodalumab
    • Implementers seeking to negotiate fair licenses on standard essential and other patents, including LG Electronics, BlackBerry, Panasonic and others

    Intellectual Property Litigation

    • Cuozzo Speed Technologies LLC, before the U.S. Supreme Court, challenging the U.S. Patent and Trademark Office’s implementation of certain aspects of the America Invents Act
    • Dolby International AB, in patent infringement litigation involving Research in Motion (RIM) regarding patents covering an advanced method of digital audio compression which resulted in RIM executing a license
    • Dyson PLC, in a matter in several federal courts involving dual cyclone technology patents
    • Coordinating counsel (with others) to prevent importation of infringing knock-offs of Dyson’s bladeless fans
    • General Electric, LG Electronics, Mitsubishi Electric, Samsung Electronics, Thomson Licensing, Columbia University, Philips Electronics and Victor Company of Japan, in a patent infringement action involving a major PC manufacturer
    • Clients who are MPEG-2 and ATSC patent owners, in a patent infringement action⁠⁠—among the first patent infringement cases in the United States concerning the technology for digital television mandated by Congress⁠⁠⁠—brought in the Southern District of New York against Haier America Trading, L.L.C., Haier Group Co. and HAIM L.L.C.
    • Philips Electronics, in patent infringement cases in Minnesota and New York involving optical disc patents.
    • IRT, TDF and others, in standard essential patent infringement litigation involving Dell and Hewlett-Packard

    Antitrust Litigation and Regulatory Matters

    • Representation of clients in EC and U.S. DOJ investigations of licensing activities
    • Representation of clients seeking regulatory approval of certain IP licensing matters, including successful conclusion of applications for Business Review Letters from the DOJ and a comfort letter from the European Commission
    • The Financial Accounting Standards Board⁠— the principal private sector organization for establishing financial accounting standards in the U.S.⁠— and its governing body, the Financial Accounting Foundation, in an action brought by Silicon Economics, Inc. (SEI) relating to SEI’s patented method of financial accounting
    • MPEG LA, in litigation brought by its licensee, Nero AG, in the Central District of California alleging that MPEG LA had violated Section 2 of the Sherman Act in connection with the terms of, and MPEG LA’s conduct pursuant to, the MPEG-2, MPEG-4 Visual and AVC/H.264 licenses

    Additional representative clients include British Airways, British Petroleum, British Telecommunications, France Telecom, Glaxo Wellcome, Polygram Records, Sony Corporation and Toshiba Corporation.

    Representative Speaking Engagements

    • Panelist, “The Early Days of Patent Pools,” Via Bridge Summit (2024)
    • Panelist, “US in the Limelight,” IAM’s IPBC Global Conference (2024)
    • Panelist, “Early Days of Patent Pools,” Via Vine Summit (2023)
    • Panelist, “SEPs Licensing: Year Two,” Licensing Executives Society International’s Thought Leadership Program” (2023)
    • Panelist, “SEPs In The Mobile, Wireless and DVB Markets,” LES Nouvelles Live (2023)
    • Moderator, “SEPs & Mobile Communications,” Licensing Executives Society International’s Thought Leadership Program (2022)
    • Moderator, “FRAND Futures,” IAM’s IPBC Global Conference (2022)
    • Panelist, “FRAND Licensing: The Curious Incident of the LNG Concept,” Lexology Webinars – Licensing Negotiation Groups (2021)
    • Panelist, “Handling Global SEP Disputes: Judicial Extraterritoriality, Injunctions, and Competition,” RPX’s Annual Spring Conference (2021)
    • Panelist, “Patent Pools: How to Make Patent Pools Work for Both SEP Holders and Licensees,” European Commission webinar (2021)
    • Panelist, “Sisvel v Haier: Leveling the Playing Field for Patent Owners and SEP Implementers,” Sisvel U.S. (2020)
    • Panelist, “Options for FRAND determination,” IAM’s IPBC Connect conference (2020)
    • Panelist, “How to Prepare a Patent Case for Trial: Tips from the Trenches,” American Intellectual Property Law Association Annual Meeting (2019)
    • Moderator, “Licensing Practices in 5G Industry Segments” panel, ITU-NGMN Conference (2019)
    • Moderator, “A Pooled Approach” breakout session, IAM’s IPBC Global conference (2018)
    • Panelist, “Patent Monetization & Enforcement: Tales from the Trenches,” Columbia Tech Ventures (2017)
    • Panelist, “Introduction to Standard-Essential Patent Pools,” Columbia Tech Ventures (2017)

    Representative Publications

    Mr. Beeney has been published in various journals and publications, as written and contributed chapters to several books, including:

    • “Derivative Actions by Stockholders” Chapter, Business and Commercial Litigation in Federal Courts, Fifth Edition, Volume No. 1 (2021) (co-author with Brian T. Frawley, William B. Monahan and Jacob M. Croke)
    • “Standard Essential Patent Licensing Antitrust and Patent Law: Crossroad or Intersection?,” les Nouvelles – Journal of the Licensing Executives Society, Volume LVI No. 1, March 2021.
    • “United States” Chapter, The Intellectual Property and Antitrust Review, Fifth Edition (2020) (co-author with Renata Hesse).
    • “United States” Chapter, The Intellectual Property and Antitrust Review, Fourth Edition (2019) (co-author with Renata Hesse).
    • “United States” Chapter, The Intellectual Property and Antitrust Review, Third Edition (2018) (co-author with Renata Hesse).
    • “Fed. Circ. Continues to Rein in PTAB,” Law360 Expert Analysis (2018).
    • “United States” Chapter, The Intellectual Property and Antitrust Review, Second Edition (2017) (co-author with Renata Hesse).
    • “Derivative Actions by Stockholders” Chapter, Business and Commercial Litigation in Federal Courts, Fourth Edition (March 2017).
    • “Depositions” Chapter, Commercial Litigation in New York State Courts, Fourth Edition (October 2015).
    • On the Merits: Current Issues in Competition Law and Policy (2005).

    Professional Activities

    Mr. Beeney has taught various trial advocacy courses, including serving as a member of the faculties of the National Trial Skills Program of the National Institute for Trial Advocacy and the Cardozo School of Law.

    Public Service and Pro Bono Experience

    Mr. Beeney’s public service activities include having served for more than a decade as the deputy mayor of Irvington, New York. He served as chairman of the board of Mercado Global, a non-profit organization working to improve the lives of impoverished artisans in Central America and is a member of the boards of Graham Windham and ProBono.net. He also regularly represents clients in pro bono litigation, including in a recent successful First Amendment trial and matters involving child adoptions in Arkansas and Nebraska in which he successfully argued issues before both State Supreme Courts.

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    Rankings and Recognitions

    Rankings and Recognitions

    Mr. Beeney also is regularly recognized as a leading lawyer in the intellectual property and antitrust fields, among others, by leading industry publications, including The American Lawyer, The Best Lawyers in America, Forbes, Law360, The Legal 500 United States, Managing IP, Benchmark Litigation, National Law Journal and New York Super Lawyers. He has been recognized as one of the “Top 10 Oral Advocates of the Year” in the Federal Circuit Court of Appeals, as an “Innovative U.S. Lawyer” by the Financial Times, as a “Client Service All-Star” by the BTI Consulting Group (2020), and as a leading patent practitioner in IAM Global Leaders (2020–2022), IAM Strategy 300 (2020–2022), IAM Patent 1000 (2014–2022), and in the first-ever edition of IAM Strategy 300 Global Leaders (2020). Peers comment, “Garrard is always thinking about trial and how juries will respond to things. He is a master strategist when it comes to the procedural aspects of patent litigation⁠—he uses all the tools at his disposal extremely well⁠—and in the heat of battle, he remains steady and calm; nothing surprises him.” He is a recipient of the Burton Award for legal scholarship and Concurrences Review’s award for Best Antitrust Business Article in Intellectual Property, and has received the Adele Warnock Good Citizenship Award and other awards for his community service.

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    News

    News

    • Pro Bono Client Nicole Addimando Released from Prison Under Domestic Violence Survivors Law

      January 5, 2024
    • In Global IP Disputes Called the ‘Robot Wars,’ S&C Secures Settlement for Client Ocado Group plc

      July 24, 2023
    • Garrard Beeney Featured in 20/20 Episode About Domestic Violence Survivor Nikki Addimando

      February 8, 2023
    • Garrard Beeney Moderates Panel at IPBC Global Conference

      June 12–14, 2022
    • S&C Delivers Patent Trial Victory for Columbia University

      May 9, 2022
    • S&C Obtains Critical Trial Victory for Ocado in Patent Dispute

      December 17, 2021
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    Publications, Videos and Podcasts

    Publications, Videos and Podcasts

    • Garrard Beeney Co-Authors Article on Standard Essential Patents in the Mobile Communications Industry for les Nouvelles: Journal of the Licensing Executives Society International

      Articles September 8, 2023
    • Andrei Iancu, Kate O’Malley, Garrard Beeney and Dustin Guzior Discuss S&C’s Growing IP Practice with IAM

      Articles August 18, 2023
    • Garrard Beeney and Nader Mousavi Discuss S&C’s IP Practice with IAM

      Articles December 22, 2022
    • S&C Litigators Author Chapters in Business and Commercial Litigation in Federal Court

      Books January 18, 2021
    • S&C Litigators Author Chapters in Commercial Litigation in New York State Courts

      Books October 28, 2020
    • Garrard Beeney and Renata Hesse Author Chapter in The Intellectual Property and Antitrust Review

      Articles August 27, 2020
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    Credentials

    Credentials

    Education

    • University of Pennsylvania Law School, J.D., 1979
    • Swarthmore College, B.A., 1976

    Bar Admissions

    • New York
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    Related Practices

    Related Practices

    • Litigation
    • Antitrust
    • Artificial Intelligence
    • Consumer & Retail
    • Healthcare & Life Sciences
    • Intellectual Property & Technology Litigation
    • Intellectual Property & Technology Transactions
    • Media & Telecommunications
    • Supreme Court and Appellate
    • Trade Secrets
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