Gene W. Lee
Gene Lee is an experienced lead counsel who is known for his thoughtful work and dedication to clients.
Gene Lee is an intellectual property litigator who works on disputes involving patents, trade secrets, trademarks, copyrights, and technology agreements in federal courts, the Patent Trial and Appeal Board, and the U.S. International Trade Commission (ITC). He also advises clients on licensing, patent portfolio analysis, and the IP aspects of corporate transactions.
Gene’s work has covered a wide range of technologies, including computer systems and software, telecommunications and wireless communications, medical devices, video games, audio processing, pharmaceuticals, financial services, chemistry, semiconductors, and geoscience. Gene has been engaged by major U.S. and Asian companies in high-stakes disputes. Gene represented through trial the world’s largest alcoholic beverages company in the first investigation in the ITC pilot program for potential early disposition of cases. He also represented Taiwan’s first innovator drug company in a licensing dispute and supported related litigation in Taiwan regarding ownership of patent rights.
Recognized for excellence by Chambers Global, IAM Patent 1000, and Managing IP, Gene regularly speaks, publishes, and offers commentary on recent trends and important issues in patent law and IP litigation.
Areas of focus
Education & Credentials
Education
- Cornell Law School, J.D., 1992
- Columbia University, B.S., Mechanical Engineering, 1989
Bar and Court Admissions
-
New York
Professional Recognition
Listed in Thomson Reuters “Stand-out Lawyers,” 2024
Recognized as an IP Star by Managing IP
Recommended in Intellectual Asset Management Patent 1000
Selected by Super Lawyers magazine as a New York Metro Super Lawyer
Chambers Global: The World's Leading Lawyers for Business, 2013-2015
Impact
Professional Leadership
- PTAB Bar Association, Director and Treasurer, 2019-2023
- New York Intellectual Property Lawyers Association, Director, 2018-2022
Community Involvement
- The Olcott Condominium, President, Board of Managers
Insights
News
Professional Experience
Experience
Some representative matters include the following:
True Return Systems v. MakerDAO
Lead counsel for defendant MakerDAO in a first-of-its-kind patent lawsuit against a decentralized autonomous organization.
FTC Solar v. FCX Solar (IPR2022-02201)
Lead counsel for patent owner FCX Solar in opposing inter partes review (IPR) petition filed by petitioner FTC Solar. Won a noninstitution decision.
FCX Solar v. FTC Solar
Lead counsel for plaintiff FCX Solar in a patent lawsuit involving solar tracker technology. The case ended with a settlement after a successful claim construction order.
VoIP-Pal v. Twitter
Lead counsel for Twitter in a patent lawsuit involving communications routing technology. Won a motion to dismiss that invalidated the asserted patents under Section 101 for ineligible subject matter.
Silver Management Group v. AdvisorEngine
Lead counsel for AdvisorEngine in a lawsuit concerning a software agreement. Won summary judgment of a claim regarding the scope of revenues on which license fees are owed.
LNW Gaming v. New Vision Gaming & Development (CBM2018-00005 and -00006)
Lead counsel for petitioner in covered business method (CBM) reviews involving gaming patents that ended in Final Written Decisions that all challenged claims were under Section 101 for ineligible subject matter. Argued the U.S. Court of Appeals for the Federal Circuit appeal, which affirmed the Patent Trial and Appeal Board (PTAB) decision of unpatentability.
Broker Genius v. NRZ Entertainment
Lead counsel for defendant in federal lawsuit involving Defense Technology Security Administration (DTSA), state trade secret, breach of contract, and related claims. This matter involved software used by ticket brokers to price tickets.
IPR2017-01534
Lead counsel for patent owner in an IPR involving polymer production technology.
Cypress Lake Software v. Major Korean Electronics Company
Led defense of company in a lawsuit involving patents asserted against personal computers and display-related technology.
Certain Laser Abraded Denim Garments*
Co-lead counsel for major denim brand respondent. This investigation involved patents directed to using lasers to abrade or create patterns on denim garments.
Worlds, Inc. v. Activision Blizzard*
Patent litigation relating to videogame software. Court allowed motion of summary judgment of invalidity prior to correction of asserted patents.
Worlds.com v. NCsoft Corp.*
Patent litigation relating to videogame software successfully transferred out of the U.S. District Court for the Eastern District of Texas.
Certain Products Having Laminated Packaging, Laminated Packaging, and Components Thereof*
Co-lead counsel for respondent Diageo North America. This investigation was the first of the International Trade Commision’s (ITC) pilot program for possible early disposition of cases. Following an accelerated trial on the economic prong of domestic industry, the Commission found that the complainant (a nonpracticing entity) failed to satisfy the economic prong and terminated the investigation.
Rotatable Technologies v. Major Korean Electronics Company*
Patent litigation relating to user interface technology, resulting in a stipulated judgment of non-infringement following claim construction, which was affirmed on appeal.
NCsoft Corp. v. Bluehole Studios, Inc.*
Co-lead counsel for plaintiff in trade secret misappropriation, copyright, and unfair business practices litigation relating to videogames.
Rydex Ltd. v. Hyundai Motor America and Kia Motors America; Rydex Ltd. v. Discover Financial Services and American Express Company*
Lead counsel in patent lawsuits involving fuel systems.
Auction Management Solutions v. Live Global Bid and ADESA*
Lead counsel in patent lawsuit involving computer systems used in live auctions.
Wi-LAN v. LG Electronics*
Patent litigation concerning code-division multiple access (CDMA) and Wi-Fi technology.
TransAct Technologies v. FutureLogic*
Lead counsel in patent litigation concerning multiport printers.
One of the World’s Largest Chemical Companies v. Chevron Phillips Chemical Company*
Patent litigation relating to chemical processes.
Sofamor Danek v. Surgical Dynamics and U.S. Surgical*
Patent litigation involving spinal fusion devices.
*Prior Experience