Amster Rothstein and Ebenstein, LLP - Intellectual Property Law

Michael Kasdan's passion for science, technology and the entrepreneurial vision of his clients drives his advocacy. As a litigator, he negotiates, defends and asserts IP rights before the courts, the US Patent and Trademark Office, the International Trade Commission and in private arbitration's and mediation. As an advisor, he works with both established companies and start-ups to obtain, evaluate, value, license and develop patent portfolios and trademarks.

Trained in electrical engineering and with a business background as a technology consultant, Mr. Kasdan works with a broad range of technologies, including consumer electronics, wireless devices, computer architecture and networks, semiconductor chips, Internet and e-commerce platforms, and medical products and devices.

Mr. Kasdan's clients rely on him to resolve cases efficiently and cost-effectively. For example:

  • In a recent fast-moving ITC case, he spearheaded the two key claim construction issues for the joint defense group. The Administrative Law Judge agreed to stage the claim construction phase on potentially dispositive terms early in the case, which is unusual in the ITC. The success at getting the Court to agree to an early claim construction phase drove favorable early settlements for numerous defendants.
  • In a competitor case brought as part of a global patent war between major electronics companies, Mr. Kasdan was instrumental in the defense of patent infringement claims in the semiconductor case and helped to obtain a jury verdict of non-infringement for his client.
  • Currently, he is a key member of the ARE team defending a series of patent claims asserting infringement of mechanical processes, inspection processes and the materials structure of diaper and training pant products.

Mr. Kasdan also counsels clients on strategic patent prosecution and portfolio development, and provides opinions and analyses on issues including patent infringement, validity and enforceability.

During 2008-2009, Mr. Kasdan was seconded to Panasonic Corporation in Japan. As in-house patent counsel in Panasonic's licensing center, he acted as lead counsel representing the company in numerous third-party patent assertions and license negotiations, in which he was responsible for developing substantive defensive positions. He also provided legal opinions across a broad set of technology areas and in many facets of patent law, and negotiated complex agreements, including portfolio cross-license agreements. In addition, he worked with the company's managers and engineers to identify high value patents and strengthen their protection, evaluate and mitigate exposure to infringement claims by others and manage patent licensing agreements among global electronics makers, and provided training on all aspects of IP law.

Mr. Kasdan began his career as a technology consultant with Andersen Consulting (now Accenture) during the early stages of Internet technologies. Since his time at NYU School of Law, Mr. Kasdan has been on the ground floor of efforts to turn New York City and State into a hub for innovation and entrepreneurship in technology, Internet, e-commerce and new media. He was an active participant in an incubator for startups through which he counseled new companies on legal, financing and business issues. He is also serving as Chairman of the Board of Directors of CityScience, a nonprofit organization that promotes science, engineering, and math education and teacher development through hands-on projectbased learning in New York City elementary and middle schools.

Today, start-up and early-stage companies find a creative, high energy, businessminded advocate in Mr. Kasdan. He counsels entrepreneurs involved in fashion and design, mobile apps, Internet and ecommerce platforms, as well as other areas where IP issues are crucial to success. In particular, he helps young companies to assess existing IP in their space and guides them on the IP and construction protections available to them as well going forward IP strategy.

Mr. Kasdan frequently writes and speaks on a range of topics including IP litigation, essential patents, and patent monetization and licensing practices, patent eligibility, patent exhaustion, willful infringement, patent misuse and standards estoppel, damages and patent valuation, inequitable conduct, enforcement of standards, social media and privacy issues, and legal ethics. The media often turns to Mr. Kasdan for commentary on ongoing patent cases, key cases and changes in the law, and social media issues.

Mr. Kasdan also teaches as a guest lecturer at his alma mater, NYU, as well as at New York Law School and Seton Hall University School of Law, addressing topics such as patent and trade secret law, IP Licensing, global patent litigation, patent exhaustion, and inequitable conduct.

Mr. Kasdan clerked for the Honorable Judge Roderick R. McKelvie in the United States District Court for the District of Delaware. Prior to joining Amster Rothstein & Ebenstein LLP, he was an associate in the intellectual property group of Kirkland & Ellis LLP.

On the home-front, he is married and a father of two, and is a veteran little league baseball coach.


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Bar Admissions
  • U.S. Court of Appeals Federal Circuit, 2005
  • U.S. District Court, Southern District of New York, 2003
  • U.S. District Court, Eastern District of New York, 2003
  • New York, 2002
Education
  • New York University School of Law,
    New York, New York J.D., 2001
    Honors: Magna Cum Laude; Order of The Coif; Fish & Neave Fellow for the Engelberg Center on Innovation Law and Policy, Law Review Alumni Association Award (2nd highest GPA in class); Morton Geller Award for outstanding contribution to the NYU Law Review as Notes Editor; NYU Law Review Notes Ed., Editor, 2000-2001, Staff Editor, 1999-2000. InSITE NY Student Fellow, 2000-2001; President, Intellectual Property and Entertainment Law Society, 2000-2001.
  • University of Pennsylvania,
    Philadelphia, Pennsylvania,
    B.S.E, 1996 (Electrical Engineering)
    Honors: Magna Cum Laude, Dean's List (1994-1995), Member Eta Kappa Nu and Tau Beta Pi, Engineering Honor Societies, Member of Penn Parliamentary Debate Team, Winner of Germanic Literature Book Prize Award.
Professional Associations & Memberships
  • New York State Bar Association, IP Section
  • Member, American Bar Association
  • Member, NYIPLA

 


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