• Aaron Frankel represents clients in complex patent, trademark and trade secret litigation. An experienced trial lawyer, Aaron's emphasis on storytelling and his ability to clearly explain complicated technology contribute to his successes on behalf of clients in courts and tribunals across the country. Managing IP named Aaron to the 2023 shortlist for New York’s Litigator of the Year.

    Aaron represents plaintiffs and defendants, from established Fortune 500 companies to innovative startups, in disputes involving a range of technologies, including semiconductor and light-emitting diode (LED) devices, computer security and networking, video games, cellular networks, consumer electronic devices, automobile systems, virtual and augmented reality, fishing lures, and many others. Aaron served on Law360's 2023 IP Editorial Advisory Board.

    Aaron brings his technological and legal acumen and litigation experience to patent prosecution and inter partes review proceedings before the Patent Trial and Appeal Board. He advises clients on intellectual property licensing and diligence and transactions involving intellectual property, and provides business and tech-savvy guidance on patent portfolio evaluation, acquisition and management projects.

    The co-chair of Kramer Levin’s Pro Bono Committee, Aaron coordinated Kramer Levin’s award-winning pro bono asylum program, and served as lead attorney or supervisor for more than fifty teams that successfully obtained asylum for refugees fleeing persecution based on their ethnicity, gender, religion or sexual orientation. The New York State Bar Association (NYSBA) awarded Aaron the President’s Pro Bono Service Award, and Immigration Equality awarded him a Safe Haven Award for his work on behalf of LGBT and HIV-positive asylum seekers. Aaron served on the Advisory Board of the Court Square Law Project. He frequently speaks on best practices and integrating pro bono into a successful commercial practice.

    Experience

    • Served as senior member of the trial team that obtained a $32 million patent infringement verdict against Sprint on behalf of Omaha’s Prism Resources, recognized by The National Law Journal as one of the top 100 jury verdicts of 2015.

    • Successfully defended Toyoda Gosei against a patent infringement action involving fabrication of LEDs, obtaining a favorable resolution after transferring the case from the Eastern District of Texas to the Northern District of California.

    • Successfully represented the Gillette Company LLP in a patent infringement and Lanham Act suit against Edgewell Personal Care Co., maker of the Schick razor.

    • Successfully represented ATMI Inc. by demonstrating that asserted semiconductor gas delivery patents were unenforceable due to the inventors’ inequitable conduct. Successfully defended that finding before the Federal Circuit, resulting in a favorable global settlement.

    • Obtained a walkaway dismissal for Sirius XM of patent infringement claims relating to live chat customer service technology. Represented Sirius XM in a third-party indemnification claim against the vendor.

    • Successfully represented publishing giant Condé Nast in litigation against a former website vendor asserting patent infringement and trade secret and trademark claims relating to the online versions of Vogue magazine, obtaining both narrow claim construction — leading to stipulation of noninfringement on all patent claims — and summary judgment dismissal of all other causes of action asserted against Condé Nast.

    • After limiting discovery to a dispositive noninfringement issue, obtained a walkaway dismissal for WABCO Automotive Control Systems, a global leader in commercial vehicle control systems, in a patent infringement suit relating to vehicle anti-rollover systems.

    • Took over representing Camtek Ltd., an Israeli manufacturer of semiconductor wafer inspection systems, in a patent infringement action after an adverse jury verdict had been entered, and obtained a decision at the Federal Circuit vacating the adverse judgment of the district court.

    • Won summary judgment for Savient Pharmaceuticals in the defense of a breach of contract claim regarding ownership of patents and multimillion-dollar damages.

    • Successfully defended Sirius XM, obtaining a decisively narrow claim construction order and forcing the plaintiff to stipulate the dismissal of all claims relating to vehicle infotainment systems.

    • Successfully represented Toyoda Gosei in a patent enforcement action against a Taiwanese semiconductor manufacturer.

    • Successfully represented third party Deluxe Digital Studios Inc., a leading company in the business of traditional and digital cinema services, in a lawsuit alleging patent infringement by a variety of film studios.

    • Successfully represented Bright House Networks, a cable service provider, in a patent infringement action relating to visual voicemail.

    • Successfully represented Sirius XM in a patent infringement action involving encryption technology.

    • Successfully represented Volkswagen Group of America in a patent infringement action relating to vehicle navigation systems.

    • Successfully defended WABCO Automotive Control Systems against a patent infringement action involving air disc brakes that was initiated by a major competitor.

    • Represented Sirius XM Radio in a declaratory judgment action involving patents relating to microprocessor design and flash memory chips.

    • Obtained a dismissal for Sirius XM in a patent infringement action involving audio content that can be downloaded and played according to a playlist.

    • Successfully represented Sirius XM Radio, Best Buy, Honda, RadioShack and Toyota in a patent infringement action involving interoperable satellite radio receivers.

    • Successfully represented XM Satellite Radio and Sirius XM Radio in a multidistrict patent litigation involving computer telephony technology and in third-party indemnification claims against the vendors providing those services.

    • Successfully represented publishing giant Condé Nast in litigation against a former website vendor asserting patent infringement and trade secret and trademark claims relating to the online versions of Vogue magazine, obtaining both narrow claim construction — leading to stipulation of noninfringement on all patent claims — and summary judgment dismissal of all other causes of action asserted against Condé Nast.

    • Obtained dispositive preliminary injunction for World Jewish Congress, a leading philanthropic organization addressing the interests and needs of Jewish people and communities worldwide, in a trademark and trade secret action commenced against a former affiliated fundraising entity.

    • Successfully represented the Gillette Company LLP in a patent infringement and Lanham Act suit against Edgewell Personal Care Co., maker of the Schick razor.

    • Successfully defended MRC Global (formerly McJunkin Red Man Corp.) in a trademark and unfair competition action.

    • Successfully resolved a trademark action filed against HTM Lighting after moving for dismissal.

    • Successfully defended Sirius XM in an action involving trademark and copyright claims.

    • Successfully represented augmented-reality pioneer Magic Leap in a trade secret action filed against two former employees; one of the first cases filed under the federal Defend Trade Secrets Act.

    • Obtained summary judgment dismissal of all trade secret claims asserted against publishing giant Condé Nast in litigation against a former website vendor relating to the online versions of Vogue magazine.

    • Obtained full dismissal of trade secret action against Israeli internet hardware company Radware.

    • Secured an order vacating a crippling temporary restraining order based on alleged theft of trade secrets against a startup internet-based tax preparation company during the middle of tax season and, ultimately, obtained the dismissal of all claims, as well as an award of costs.

    • Obtained dispositive preliminary injunction for World Jewish Congress, a leading philanthropic organization addressing the interests and needs of Jewish people and communities worldwide, in a trademark and trade secret action commenced against a former affiliated fundraising entity.

    Credentials

    Education

    • J.D., cum laude, Harvard Law School, 2001
      • <div">Managing Editor, Harvard BlackLetter Law Journal</div">
      • <div">Team Leader, Harvard Defenders</div">
    • B.S., Industrial Engineering, Class Salutatorian, Columbia University Fu Foundation School of Engineering and Applied Sciences, 1997

    Bar Admissions

    • New York, 2002
    • U.S. Patent and Trademark Office, 2003

    Court Admissions

    • U.S. Supreme Court
    • U.S.C.A., Federal Circuit
    • U.S.C.A., 2nd Circuit
    • U.S.C.A., 3rd Circuit
    • U.S.C.A., 10th Circuit
    • U.S.C.A., 11th Circuit
    • U.S.D.C., Eastern District of New York
    • U.S.D.C., Northern District of New York
    • U.S.D.C., Southern District of New York
    • U.S.D.C., Western District of New York
    • U.S.D.C., Eastern District of Texas
    • United States Patent & Trademark Office

    Professional Affiliations

    • American Intellectual Property Law Association, Litigation Committee, Model Patent Jury Instructions Subcommittee
    • New York Intellectual Property Law Association, Patent Litigation Committee
    • Law360's IP Editorial Advisory Board, 2023
    • Court Square Law Project Advisory Board, 2017-2020
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