Mr. Muldoon is a member of the firm and the Intellectual Property Practice Group. He also serves on the Science and Technology, Medical and Life Sciences, and Food and Beverage Industry Teams. His practice focuses on the enforcement and defense of intellectual property infringement and related claims in federal and state courts and in arbitration. Mr. Muldoon has been actively involved in a large number of patent infringement lawsuits, encompassing diverse technologies such as compression-style coaxial cable connectors, argon gas-assisted electro-coagulation probes, and macroporous media for high performance liquid chromatography columns. He has also litigated federal trademark, unfair competition and antitrust claims and represented plaintiffs in copyright infringement actions on behalf of software publishers and performing rights organizations. In addition to IP litigation, Mr. Muldoon prosecutes patent and trademark applications in a wide range of technologies such as electrical connectors and diplex filters for the cable television industry, medical devices, high alloy tool steels, chromatography columns, microsphere and hydrogel adhesives, automotive components, cross-head extrusion die assemblies, and recreational equipment. He also counsels clients and participates in the assessments of intellectual property portfolios and the licensing and sale of intellectual property rights, as well as advising several university clients in technology transfer programs. Mr. Muldoon received an AV rating in Martindale-Hubbell. He has been included in the upstate New York edition of New York Super Lawyers annually since 2007. He has been selected as a “2013 Top Rated Lawyer in Intellectual Property” by American Lawyer Media and Martindale-Hubbell and is listed in The Best Lawyers in America in patent litigation. Before joining Harris Beach, Mr. Muldoon was a named partner of a Syracuse law firm. He has served as a Navy Judge Advocate and a Navy Pilot.
Representative matters include:
In re Certain Coaxial Cable Connectors (ITC 2011) Lead patent trial counsel in Unfair Import Investigation based on patent infringement of coaxial cable connectors. Obtained general exclusion orders in trial proceedings before Int’l Trade Commission. Conducted training for Customs and Border Protection agents leading to multiple seizures of infringing goods.
- Greatbatch Ltd. v. AVX Corp. et al. (U.S. District Court, D. Del. 2016) Lead trial counsel in patent infringement action over key components for pacemakers and implantable defibrillators. Jury verdict awarded $37.5 million in lost profits and price erosion damages.
- In re Certain Laser Abraded Denim: (ITC 2015) Obtained favorable settlement and license of Unfair Import Investigation for patent infringement before International Trade Commission.
- Optoelectronics Systems Consulting Inc. v. Grantham: (Conn. Sup. Ct. 2015) Obtained favorable settlement of inventor’s claim to ownership of patent and patent application to implantable biosensors.
- ODU GmbH & Co. v. Circulite, Inc. (PTAB 2015) Brought Patent Derivation Proceeding before PTAB regarding implantable connectors resulting in correction of inventorship and favorable settlement.
Representative Matters Include:
Buttner v Palmer, et al.: (NDNY 2014) Obtained summary judgment of noninfringement of copyright claims for architectural works and drawings by for construction contractor.
Face of Jesus, LLC v. New City Press et al. (NDNY 2011) Obtained favorable settlement of copyright infringement claims for cover art on published book with proceeds used to fund charity work of Fr. Pompei’s ministry in Buffalo, NY.
Representative matters include:
Lorillard Tobacco Co. v. Zahran; v. Al-Shaikh; v. Shehadeh; (NDNY 2013) Obtained ex parte seizures, favorable settlements and consent judgments against convenience stores selling counterfeit tobacco products.
NCP Liquors Inc. v. Syracuse Liquor Square Inc. (NY Sup. Ct. 2012) Obtained preliminary injunction and favorable settlement of trademark infringement action.
Reed Elsevier Inc. v. Graziano (NAF 2012) Successful defense of computer consulting firm in domain name dispute arbitration under Uniform Domain-Name Dispute Resolution Policy (UDRP)
Hinderwadel’s Inc. v. Isadore A. Rapasadi & Sons, Inc. et al. (NDNY 2006) Obtained preliminary injunction and consent judgment and decree in trademark infringement and counterfeiting action with respect to famous regional food product (salt potatoes).