Timeline

1969

Founded in Newark, New Jersey

first office
Larry Lerner, Sid David and Joe Littenberg founded the original law firm, Lerner, David & Littenberg, in Newark, New Jersey.

1973

Firm Moves

Lerner David Littenberg moves to Westfield, New Jersey.

1974

The L.A.S.E.R.

Lerner David represents Gordon Gould in numerous PTO and court proceedings through 1987, obtaining patents on four ground-breaking inventions in laser technology based on his 1959 patent application. The page from Gould’s original notebook in which he coined the acronym L.A.S.E.R. has been displayed in the Smithsonian Institute, and Lerner David’s role was chronicled in "Laser: The Inventor, The Noble Laureate, And The Thirty-Year Patent War" by Nick Taylor (Simon & Schuster, 2000).
laser document

1982

Early Federal Circuit Appearance

federal circuit
Established in 1982 to provide patent expertise for litigants, Lerner David was among the very first to file and successfully argue an appeal representing Elizabeth, NJ giant Thomas & Betts against Litton Systems concerning electrical connector technology.

1983

Firm Changes Name and Moves to Bigger Space

Lerner David Littenberg becomes Lerner, David, Littenberg, Krumholz & Mentlik and moves to 600 South Ave West in Westfield, NJ — its home for the next 37 years.

1984

Enforcement and Licensing of Tremolo Technology

Lerner David takes over enforcement of the Floyd Rose patent portfolio covering his revolutionary technology in guitar tremolos. With Lerner David’s efforts, obtaining other significant patents for Rose around the world, a patent license to Rose’s self-locking tremolo resulted in over $30 million in royalties.
Floyd Rose

1987

Van Halen Guitar Patent

guitar patent
Lerner David obtained a patent for Van Halen guitarist Edward Van Halen.

1988

June 1988

Overcomes Genericness Ruling at the TTAB to Secure Registration of LA YOGURT

Initially refused by the Trademark Trial and Appeal Board (TTAB) as generic because it was read to mean "the yogurt," Lerner David marshalled substantial evidence and presented arguments to the contrary. On a second appeal, the TTAB took the extraordinary step of hearing the appeal en banc before all eight members, and held the mark LA YOGURT entitled to registration on the Principal Register, where it remains to this day.
La Yogurt
November 1988

Medical MRI Technology

mri patent
Lerner David obtained for Raymond Damadian and his company, Fonar Corporation, U.S. Patent No. 4,871,966, for a major breakthrough in the development of modern MRI imaging. Dr. Damadian’s first full-body MRI scanner — which he named "Indomitable" — was displayed at the Smithsonian Institute.

1989

Expertise in Pharma/Hatch-Waxman Litigation Begins

Lerner David represents Zenith Laboratories, settles a suit brought by Bristol-Myers Squibb asserting infringement of Bristol’s patent on Duracef® (cefadroxil), and then later sues Bristol to obtain a declaratory judgment that Zenith’s generic version of cefadroxil does not infringe Bristol’s patent. After initially losing at the district court, Lerner David prevails at the Fed. Cir., clearing the path for a generic cefadroxil product to be brought to market.

1990

Protects Trade Dress of Iconic DOVE Lamp

Lerner David succeeds in a very early case involving trade dress in a product shape to protect the iconic DOVE lamp against a “knockoff” imported lamp. Two years later, Lerner David obtains a preliminary injunction and then final judgment against a modified copy.
Dove

1991

Two Jury Verdicts in Favor of Stryker

Stryker
In 1991, Lerner David began its almost 30 year relationship with medical device giant Stryker Corporation, securing two separate jury verdicts in a hip implant patent case and in a knee implant patent case. Over those years, Lerner David has counseled numerous Stryker divisions in all aspects of IP from procurement, licensing, M&A transactions and litigation.

1995

Defeats Motion for Preliminary Injunction

In one of the earliest cases brought under "The Process Patents Amendment Act," Lerner David defeated a motion for a preliminary injunction brought by Eli Lilly against Zenith Laboratories in Lilly’s hometown of Indianapolis, clearing the way for Zenith to market a generic version of Lilly’s blockbuster drug Ceclor® (cefaclor). The decision was later affirmed by the Federal Circuit.
generic drug

1998

Obtains Verdict Protecting Patent/Trade Dress of Banquet Chairs

Lerner David secures a verdict protecting the patented bumper edge and the trade dress on the overall look of Gasser Chair Company’s banquet chairs. This $15 million verdict and injunction is upheld by the Federal Circuit.
gasser

2000

Making Cancer Drug Available to the Public

Lerner David obtained summary judgment that Bristol-Myers Squibb’s patents on the cancer drug paclitaxel (sold as TAXOL®) were invalid. The ultimate result was to make less expensive, generic versions of Taxol® available to the public.
Taxol

2003

Fends off Preliminary Injunction and Obtains Summary Judgement

Lerner David wins summary judgment for its client’s slogan, “Florida’s Most Convenient Bank,” does not infringe the slogan, “America’s Most Convenient Bank,” used by Commerce Bank (now TD Bank).”
Bank

2005

Defeats TRO to Successfully Launch New Timberland Shoe Line

The Northern District of California agreed with our arguments at an emergent oral hearing, ruling that plaintiff failed to demonstrate a strong likelihood of success on the merits and the requisite irreparable harm for a Temporary Restraining Order against the launch of Timberland’s new MION footwear brand. This allowed Timberland to proceed with its nationwide launch of MION footwear.
Timberline

2006

Favorable Verdict for Stryker’s External Fixation System

Lerner David secured a jury verdict for infringement by Synthes (now a Johnson & Johnson Company) of a Stryker patent directed to a component of the Hoffmann® clamping system for bone fracture fixation.
clamp patent

2007

Leads Sony to Successful Settlement in Historic 58 Patent Litigation

sony litigation
Following a strong Markman hearing involving 27 digital camera patents, Lerner David concluded simultaneous litigation involving a total of 58 patents against the Eastman Kodak Company with favorable settlement.

2010

Opens Office in Guangzhou, China

Lerner David becomes the first American intellectual property law firm located in the Pearl River Delta — the most economically dynamic region of China.
China email

2011

Securing Aerospace Patent Rights

Lerner David continues to secure patents for Airbus, including U.S. Patent No. 8,025,253 entitled to a commercial aircraft with a main deck and a lower deck.
Airbus

2012

September 2012

Stryker's GET AROUND KNEE

GetAroundKnee
Lerner David swiftly stops Wright Medical from infringing Stryker’s GET AROUND KNEE trademark.
November 2012

One Of the First IPRs To Proceed To Oral Hearing on behalf of St. Jude Medical (now Abbott)

In one of the first Inter Partes Review ("IPR") to go to an oral hearing before the PTAB, the PTAB ruled in favor of Lerner David's client, St. Jude Medical (now Abbott), invalidating claims of U.S. Patent No. 5,756,775 owned by the University of Michigan, directed to a method of making calcification-resistant bioprosthetic tissue.
Stjude

2013

April 2013

Obtains a Knock-Out Verdict in Three Week Jury Trial

Playstation
Avoiding almost $100 million in purported damages, Lerner David obtained a complete win in which the jury found that Sony's PlayStation3 consoles and Blu-ray players did not infringe a single claim of four patents asserted by TV Interactive Data Corporation and that all asserted claims were invalid.
October 2013

Opens Office in Tokyo, Japan

Expanding its presence in Asia, Lerner David establishes Japanese office to counsel on U.S. IP.
Japan office

2014

IPR Institution Blocked on behalf of LG Chem

LGChem image
Lerner David won a complete victory for LG Chem by successfully blocking Ube Maxwell's attempt to institute an IPR, preserving LG Chem's U.S. Patent No. 7,709,152 directed to a battery separator.

2015

New Look

Lerner David launches a new logo.
Lerner Logo

2016

Top 10

Lerner David is ranked for having one of the top 10 highest allowance rates in TC 2100 (computer and software related inventions), TC 1700 (chemical and material engineering related inventions) and TC 3700 (medical instruments, machine and manufacturing devices related inventions) by Juristat in 2015, 2016 and 2017, respectively.
juristat badge

2017

Successful Defense Against a Preliminary Injunction Motion for Trade Dress

Harmon image
On behalf of clients Bed Bath & Beyond and Harmon Stores, Lerner David prevailed in having a preliminary injunction motion for trade dress infringement denied. Following a hearing, it was found that there was no likelihood of confusion between the trade dresses of the subject products and that the plaintiff had not raised sufficiently serious questions going to the merits to make them a fair ground for litigation.

2018

February 2018

Prevails in Two IPRs To Invalidate OxyContin® Patent

In companion IPRs, the PTAB issued Final Written Decisions in favor of Lerner David clients Amneal Pharmaceuticals and Kashiv Pharma finding unpatentable the asserted claim of U.S. Patent No. 9,060,976, listed in the Orange Book for OxyContin®, the blockbuster opioid analgesic marketed by Purdue Pharma.
OxyContin
June 2018

Litigation Department of the Year Award for the 4th Time

Lerner David is named Intellectual Property Litigation Department of the Year by the New Jersey Law Journal.
litigation award

2019

The Next 50 Years - The Best Is Yet To Come

In its 51st year, Lerner David will move to its new location in Cranford, NJ. 20 Commerce Drive will be Lerner David’s new home as it embarks on its next 50 years.