Garrard R. BeeneyPartner
Garrard Beeney is co-head of the Firm’s Intellectual Property and Technology Group and a member of the Firm’s Managing Partners Committee. Mr. Beeney has been inducted as a Fellow of the American College of Trial Lawyers. He is counsel in the two major patent cases that were argued before the U.S. Supreme Court in 2016.
Mr. Beeney has litigated intellectual property and licensing cases throughout the country in both federal and state courts. Mr. Beeney also represents clients before U.S. and European competition law authorities, particularly in the area of the intersection between intellectual property and competition laws. In addition to trying patent and antitrust cases, Mr. Beeney has argued appellate cases in various courts, including in the U.S. Supreme Court, the Federal Circuit and the Second Circuit Courts of Appeal, and the Supreme Court of Arkansas. He represents both plaintiffs and defendants in infringement actions, and advises plaintiffs on patent selection in pre-suit due diligence. Mr. Beeney also frequently advises on licensing issues and IP monetization, and has represented patent holders in the formation of licensing pools, including those related to the AVC, MPEG-2, MPEG-4, DVD, LTE, ATSC, VC-9, IEEE 1394 and other technologies.
Rankings and Recognition
In addition to the “Litigator of the Week” award noted above, Mr. Beeney has been recently recognized as 2016 Law360 MVP in IP. He has also 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 and in IAM Patent 1000 – The World’s Leading Patent Practitioners (2014-2016), which commented that Mr. Beeney is “one of the best in the business.” The 2016 edition of IAM describes Mr. Beeney as a “contentious mastermind” and “…one of the most in-demand guys in the business…” IAM added that peers comment, “When there is something you can’t do, you send it to him.” The 2014 edition of IAM added that Mr. Beeney is “one of the best trial lawyers on the planet,” and he “sounds the part, looks the part, is always prepared and persuasive, with especially brilliant opening and closing presentations.” He is a recipient of the Burton Award for legal scholarship, and has received the Adele Warnock and other awards for his community service.
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 and New York Super Lawyers.
Speaking Engagements, Publications and Other Professional Activities
Mr. Beeney has been a speaker at various professional associations, including the American Intellectual Property Law Association, the American Bar Association, the Licensing Executives Society and Law Seminars International.
He has written and contributed chapters to several books, including Business and Commercial Litigation in Federal Courts, Commercial Litigation in New York State Courts and On the Merits: Current Issues in Competition Law and Policy.
Mr. Beeney has taught various trial advocacy courses, including serving as a member of the faculty at the National Trial Skills Program of the National Institute for Trial Advocacy. He is also a member of Law360’s 2013 Intellectual Property Editorial Advisory Board.
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 is chairman of the board of Mercado Global, a not-for-profit working to improve the lives of impoverished artisans in Central America, and he regularly represents clients in pro bono litigation, including in a recent successful First Amendment trial and in a matter involving child adoption in Arkansas, the latter of which he successfully argued before the Supreme Court of Arkansas in March 2011.
SELECTED REPRESENTATIONSTrial Experience
Mr. Beeney’s recent trial victories include:
- 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
- A breach of patent license contract jury trial in New York State Court for MPEG LA
- A successful trial for MPEG LA against Alcatel Lucent regarding digital compression, for which Mr. Beeney was recognized as The Am Law Litigation Daily’s “Litigator of the Week”
- A patent infringement jury trial in Wilmington, Delaware for Dyson PLC
- 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
Intellectual Property Litigation
- Representing Cuozzo Speed Technologies LLC before the U.S. Supreme Court, challenging the U.S. Patent and Trademark Office’s implementation of the America Invents Act’s (AIA) new post-grand proceedings
- Acting as “instructing counsel” for several patent cases in England and Germany for a variety of clients
- Representing Dolby International AB in patent infringement litigation brought against Research in Motion (RIM) regarding patents covering an advanced method of digital audio compression which resulted in RIM executing a license
- Representing Dyson PLC in a matter in federal court in Michigan involving dual cyclone technology patents
- Coordinating counsel with others to prevent infringing knock-offs of Dyson’s bladeless fans from being imported into the United States, Europe and elsewhere
- Representing General Electric, LG Electronics, Mitsubishi Electric, Samsung Electronics, Thomson Licensing, Columbia University, Philips Electronics and Victor Company of Japan in a patent infringement action against a major PC manufacturer
- Representing MobileMedia Ideas in three filed patent infringement actions against smartphone manufacturers
- Representing 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.
- Representing Philips Electronics in patent infringement cases in Minnesota and New York involving optical disc patents
- Representing clients in EC and U.S. DOJ investigations of licensing activities
- Representing clients seeking regulatory approval of certain IP licensing matters, including successful conclusion of applications for Business Review Letters from the DOJ
- Representing 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
- Representing 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
- Representing Philips Electronics in securing a dismissal from a class action antitrust Multi-District Litigation before the Northern District of California and in related worldwide governmental investigations in connection with the sale of thin film transistor liquid crystal display (TFT‑LCD) panels