Steven M. Lubezny

Partner

Steve Lubezny focuses his practice on intellectual property litigation and counseling. Steve represents clients as litigation and trial counsel in district courts throughout the United States, involving such issues as patent infringement, trade secret misappropriation, false advertising, and trademark infringement. His experience includes patent disputes before the U.S. International Trade Commission and the U.S. Court of Appeals for the Federal Circuit, as well as inter partes reviews (IPRs) and other post-grant proceedings. Clients and colleagues recognize Steve for his ability to develop creative and effective litigation strategies.

Steve’s background in electrical and bioengineering allows him to quickly grasp and present on complex technology concepts, repeatedly resulting in favorable outcomes in even the most challenging cases.

Steve’s litigation work has involved such technologies as medical devices, telecommunications, location tracking software, mobile apps, photo and video processing, online communication systems, smart thermostats, pharmaceuticals, oil-drilling equipment, data analytics, and Internet-based business methods. Steve is also experienced in Hatch-Waxman Act patent actions in the pharmaceutical industry.

In addition to his litigation practice, Steve works with clients on developing and leveraging their intellectual property portfolios, and has experience with patent applications in the electrical, computer, and mechanical fields. He also advises clients on intellectual property development and valuation, and negotiates licenses and prepares freedom-to-operate opinions.

Experience

Representative Matters

  • Representing defendants in Finalrod v. John Crane patent litigation dispute over old drilling requirement
  • Represented Arthrex against Smith & Nephew in the defense of a patent infringement case concerning medical devices used in the repair of soft-tissue injuries in the shoulder region
  • Represented numerous defendants in Blackbird v. kCura patent case regarding search engine technology; secured dismissal on the basis that the asserted patent claimed ineligible subject matter
  • Represented Adobe in patent infringement case against RAH Color Technologies LLC involving color management software
  • Represented OpenText, Inc. against Aurelion in patent infringement matter; prevailed on invalidity grounds
  • Represented Redbox Automated Retail against VendoNet, Inc. in patent infringement suit involving the operation of RedBox’s kiosks; secured favorable claim construction that resulted in dismissal of the case
  • Represented Simon Property Group against North MobileTech LLC in patent infringement case regarding iPhone and Android applications that tracked user locations in real time; obtained summary judgment and sanctions awards for client
  • Represented the Vanguard Group against Unified Messaging Solutions LLC in a patent litigation dispute over message storage, delivery, and management methods; earned a key victory on claim construction that resulted in the plaintiff stipulating to noninfringement
  • Represented Teva against Eli Lilly in a Hatch-Waxman litigation concerning a drug for treating osteoporosis
  • Represented Simon Property Group against Peschke Map Technologies; led an 18-defendant joint defense group; obtained a victory on claim construction that led to dismissal of the case
  • Gained a favorable resolution based on prior art and Section 101 grounds in Thermodynamic Solutions v. Ecobee, Inc. and Carrier Corporation
  • Represented multiple defendants’ patent litigation disputes over computerized fax and messaging technologies in J2 Global, Inc., et al. v. Captaris Inc., et al.
  • Represented Reed Elsevier, Inc. against Selene Technologies in an action involving patented search technologies
  • Represented Leonardo, Inc. against a claim of patent infringement by Tour Technologies, Inc. in an action relating to visual display technologies
  • Represented multiple Canadian entities in patent litigation dispute, Pixon, Inc. v. Blindside Networks, et al., involving conferencing technologies for universities and other educational institutions
  • Represented Plaintiff FatPipe Networks, Inc. in its patent litigation against competitor Talari Networks, Inc. relating to SD-WAN Network devices
  • Represented the Vanguard Group against EMG Technology in a successful patent litigation defense, involving a dispute over web interface technology
  • Successfully defended against a patent infringement action brought against client Ecobee Inc. by Verdant Environmental Technologies Inc. involving computerized smart thermostat technology
  • Represented Hari North America against Clear With Computers in a patent infringement case involving internet-based software
  • Represented plaintiff in patent infringement matter JVI Inc. v. Universal Holdings, Inc. relating to concrete flange connectors; secured summary judgment in favor of the client

Insights

Credentials
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Education

  • J.D. Chicago Kent College of Law 2001
  • B.S. Electrical Engineering University of Illinois Urbana-Champaign 1997

Bar Admissions

  • Illinois

Court Admissions

  • U.S. Bankruptcy Court for the Eastern District of New York
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the Central District of California
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Eastern District of Wisconsin
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Northern District of Illinois, Trial Bar

Recognition
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  • Rising Star, Illinois Super Lawyers, Chicago Magazine, 2009 – 2015