Lee Bromberg

Partner, McCarter & English

Mr. Bromberg concentrates his practice in the area of Intellectual Property/Information Technology. One of the nation's leading intellectual property litigators and an accomplished trial strategist, Lee has successfully handled a wide range of technology-based disputes, including numerous patent infringement actions, and trademark, copyright, trade secret, unfair competition and related cases in high technology areas. Lee's recent work as trial counsel led to one of the largest IP verdicts of the year in Massachusetts and the largest verdict in the following year. At the same time, he also obtained a multi-million dollar recovery for his client in a technology license arbitration. A substantial portion of Lee's practice has also been devoted to copyright, trademark, trade secret and unfair competition litigation. Lee has represented nationally known companies in trademark and trade dress cases and has assisted a number of clients in trade secret misappropriation disputes. Lee's practice also includes client counseling, negotiation and alternative dispute resolution in intellectual property matters and complex commercial matters.

Mr. Bromberg's practice focuses on intellectual property litigation, in which he has represented numerous national companies. Specific patent cases in medical devices, pharmaceuticals, biochemistry, electronics, software and other disciplines have involved technologies including electric motors, consumer electronic appliances, mechanical compression packing, road marking devices, image processing systems, voice recognition systems, CAD/CAM software, telephone circuitry and call routing systems, web site operating software, printing press technology, polymer plastics, intravenous valves and equipment, ACL surgical techniques, chromatography, pharmaceuticals, immunochemical diagnostic devices and electrochemical biosensors. He has also represented companies in commercial cases involving scientific equipment and other technical subject matter, including environmental cases.

Mr. Bromberg was lead trial attorney in a suit for false advertising in violation of the Lanham Act, commercial disparagement and interference with contractual relations. The jury verdict of $20.7 million was "the largest financial judgment in music industry history," according to MusicTrades Magazine. The next year, Lee teamed with a New York firm to obtain a $65 million patent infringement verdict for Ariad Pharmaceuticals, Inc., the largest verdict of the year in the state. He also obtained a technology license arbitration award well into eight figures, including an award of attorney fees, and upheld it against challenge in the Court of Appeals for the First Circuit. He prevailed in a patent infringement case for a major medical device manufacturer, which also protected a multi-million dollar licensing program. He obtained dismissal of patent infringement charges against a national manufacturer of power converters.

Mr. Bromberg has had extensive experience in presenting complex technical and scientific subject matter to courts and to juries and has achieved outstanding results in a number of cases. He has won a $25 million dollar judgment for willful patent infringement. In another case, he secured a jury verdict denying any recovery on a claim for $11.5 million in patent infringement damages.

In recent years Lee has served as a court-appointed discovery master for a hotly contested patent litigation. He has also testified as an expert witness on patent litigation and on trademark law and practice. He previously served as a Special Assistant Attorney General and as Clinical Associate Professor of Law at Boston University School of Law.

Mr. Bromberg is a Board Member of Do the Write Thing, on the Board of Directors for the Boston Baroque and the Former President and Board Member of All Newton Music School, Inc. He also holds leadership positions in national, regional and specialty bar associations. He has received one of the highest peer review rating (AV) from Martindale Hubbell, based on a survey of other lawyers and judges in the community. He was named by the publishers of Law & Politics and Boston magazine in 2006 and 2007 as among the top 100 lawyers in Massachusetts. In 2005, Lee was named one of The Best Lawyers in America by the publishers of Law & Politics and Boston magazine. Only 19 other intellectual property attorneys from Massachusetts received that honor. In each of the past several years, Lee has been named a "Super Lawyer" in the field of intellectual property in Massachusetts, which is limited to the top 5 percent of attorneys in each state, as chosen by their peers and through independent research. In 2007 and 2008, Lee was ranked as one of America's Leading Lawyers for Business by Chambers USA. For each of the past several years, Lee has been named to Marquis' Who's Who in Finance and Business.

EDUCATION

  • J.D., Harvard Law School, 1969
  • M.A., Cornell University, 1966
  • B.A., University of Michigan, high honors, 1965

ADMISSIONS

  • Massachusetts
  • New York
  • U.S. District Court, District of Massachusetts
  • U.S. District Court, Eastern and Southern Districts of New York
  • U.S. District Court, Eastern District of Texas and Wisconsin
  • U.S. Court of Appeals, First, Second, Fourth and Federal Circuits
  • U.S. Supreme Court

MEMBERSHIPS AND PROFESSIONAL ACTIVITIES

  • Former President, Boston Patent Law Association
  • Trustee, Massachusetts Continuing Legal Education, Inc.
  • Former Councilor and Litigation Section Chair of the Boston Bar Association
  • Fellow and Former Trustee, Boston Bar Foundation
  • Speaker, Panel Organizer, American Bar Association
  • Member, Speaker, American Intellectual Property Law Association