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Jacob Z. Zambrzycki

Partner

jzambrzycki@crowell.com
Phone: +1 212.803.4012
590 Madison Avenue
20th Floor
New York, NY 10022

Jacob Z. Zambrzycki is a partner in Crowell & Moring’s New York office with a background in computer science. Jacob focuses his practice on intellectual property litigation and counseling, and on regulatory counseling with respect to blockchain-based technologies. He has been recognized as an intellectual property Rising Star every year since 2017 by Super Lawyers magazine.

Jacob has litigated and tried numerous intellectual property actions in federal district courts around the country and litigated numerous inter partes review proceedings before the U.S. Patent and Trademark Office, Section 337 Investigations at the U.S. International Trade Commission, and appeals at the U.S. Court of Appeals for the Federal Circuit. In his consulting practice, Jacob advises clients regarding protection and enforcement of their intellectual property, and provides regulatory and other legal advice to companies involved with blockchain technology and digital assets. His clients comprise both emerging and Fortune 500 companies spanning various industries, including consumer electronics, automotive technologies, railroads, medical devices, financial services, cryptocurrencies, electrical fittings, pharmaceuticals, and internet technologies.

Jacob earned a bachelor’s degree in computer science from Boston College, where he focused on software development, and a juris doctor from Brooklyn Law School, where he was a Fellow at the Center for the Study of International Business Law.

He is a native Polish speaker.

Representative Engagements:

  • Represented Respondent DuPont in an ITC Section 337 Investigation related to synthetic roof underlayment products in which the Complainant was forced to withdraw its Complaint and to move to terminate the Investigation mere days after the ALJ issued a claim construction order fatal to Complainant’s case. Certain Synthetic Roofing Underlayment Products and Components Thereof, ITC Inv. No. 337-TA-1202 (U.S.I.T.C.). Also representing DuPont and FT Synthetics, Inc. in parallel district court litigation brought by the same plaintiff. Kirsch Research and Development, LLC v. DuPont de Nemours, Inc., Case No. 5:20-cv-00057-RWS (E.D. Tex.) and Kirsch Research and Development, LLC v. FT Synthetics, Inv., Case No. 5:20-cv-00058 (E.D. Tex.).
  • Represented Invenergy, obtaining a preliminary injunction and temporary restraining order preventing the Government from reinstating a 25% tariff on imported solar panels. Invenergy Renewables LLC v. U.S. Office of the United States Trade Representative, U.S. Customs and Border Protection, No. 19-192 (U.S.C.I.T.). 
  • Represented Siemens in a wide-ranging, multi-forum intellectual property dispute involving Positive Train Control technology, including a jury trial win resulting in a finding of willful infringement and a $15 million damages award, and defense of 15 inter partes review petitions before the U.S. Patent and Trademark Office. Siemens Mobility Inc. v. Westinghouse Air Brake Technologies, No. 16-cv-284 (D. Del.).
  • Defended Breckenridge, through a bench trial, in a Hatch-Waxman patent infringement case concerning Breckenridge’s ANDA for a generic version of Kyprolis® (carfilzomib). Onyx Therapeutics, Inc. v. Breckenridge Pharmaceutical, Inc., Nos. 16-1001, 18-262, and 19-71 (D. Del.).
  • Defended Actavis, through a bench trial, in a Hatch-Waxman patent infringement cases concerning Actavis’s ANDA for a generic version of Minivelle® (estradiol transdermal system). Noven Pharmaceuticals, Inc. v. Actavis Laboratories UT, Inc., Nos. 15-249, 16-465, and 18-758 (D. Del.).
  • Represented Spark Networks in a hotly contested patent and trademark infringement action concerning a mobile dating application resulting in a favorable settlement and acquisition of defendant.Spark Networks USA, LLC v. Smooch Labs, Inc., No. 14-9027 (S.D.N.Y.).
  • Represented Arlington, through a bench trial, in a district court contempt proceeding stemming from a prior patent infringement suit, resulting in a finding of contempt and an injunction against a direct competitor, and an award of lost profits and attorney fees for the patentee. Arlington Industries, Inc. v. Bridgeport Fittings, Inc., No. 2-134 (M.D. Pa.).
  • Defended Actavis, through a bench trial, in a Hatch-Waxman district court patent infringement suit related to a generic version of Embeda® (morphine sulfate and naltrexone hydrochloride), resulting in stipulation of dismissal after trial. Pfizer Inc. et al. v. Actavis Laboratories FL, Inc., No. 11-914 (D. Del.).
  • Represented General Motors in an ITC Section 337 Investigation related to automobiles with in-dash GPS navigation systems, resulting in termination of the Investigation by the complainant after six months of discovery. Certain Automotive GPS Navigation Systems, ITC Inv. No. 337-TA-814 (U.S.I.T.C.).
  • Defended Handa and Par, through a bench trial, in a Hatch-Waxman district court patent infringement suit related to a generic version of Dexilant® (dexlansoprazole), resulting in a stipulated dismissal while appeal was pending. Takeda Pharmaceutical Co., Ltd. et al. v. Handa Pharmaceuticals, LLC and Par Pharmaceutical, Inc., No. 11-840 (N.D. Cal.), and Par Pharmaceutical, Inc. and Handa Pharmaceuticals, LLC v. Takeda Pharmaceutical Co., Ltd. et al., No. 13-1927 (N.D. Cal.).
  • Defended Avaya in a patent infringement suit brought by a non-practicing entity against suppliers of network communication equipment compliant with the IEEE’s Power Over Ethernet standard. Network-1 Technologies v. Avaya et al., No. 6:11-cv-492 (E.D. Tex.).
  • Represented Arlington in a district court patent infringement suit, obtaining a preliminary injunction prohibiting a direct competitor from making, using, or selling electrical fittings accused of infringement, and subsequently obtaining a summary judgment finding of infringement. (M.D. Pa.).
  • Represented complainant Invacare in an ITC Section 337 Investigation related to adjustable-height hospital beds, resulting in a Consent Order excluding the accused products from entry into the United States. Certain Adjustable-Height Beds, ITC Inv. No. 337-TA-734 (U.S.I.T.C.).

Education

  • Boston College, B.A. (2005) computer science
  • Brooklyn Law School, J.D. (2009) fellow at the Center for the Study of International Business Law

Affiliations

Admitted to Practice: California, New York, North Carolina, U.S. Court of Appeals for the Federal Circuit, U.S. District Courts for the Northern and Central Districts of California, U.S. District Court for the Southern District of New York, U.S. District Courts for the Western and Middle Districts of North Carolina

Memberships

  • New York Intellectual Property Law Association

Awards & Recognition

  • 2017-2020 Super Lawyers Magazine Rising Star for Intellectual Property in the New York Metro Area
  • New York State Bar Association Empire State Counsel

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Crowell & Moring LLP is an international law firm with offices in the United States, Europe, MENA, and Asia that represents clients in litigation and arbitration, regulatory and policy, and transactional and corporate matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation and government-facing matters, as well as its ongoing commitment to pro bono service and diversity, equity, and inclusion.

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