Steven J. Horowitz
STEVEN J. HOROWITZ is an associate in the Chicago office. His practice focuses on drafting critical motions and providing strategic advice in litigation involving technology and competition, with a particular emphasis on intellectual property and appellate matters. He has extensive experience in Hatch-Waxman litigation, disputes over standard-essential patents and antitrust cases involving professional associations. He has also counseled clients and litigated complex and sensitive cases involving pension plans, employee benefits and ERISA.
Prior to joining the firm, Steve served as a law clerk to Justice Anthony M. Kennedy of the United States Supreme Court and Judge Richard A. Posner of the United States Court of Appeals for the Seventh Circuit.
Steve graduated first in his class from Harvard Law School, where he served as an articles editor on the Harvard Law Review and was awarded the Fay Diploma, the Sears Prize and the Irving Oberman Memorial Award in Intellectual Property (twice).
In 2016, Steve received several awards for his commitment to pro bono and public interest work, including the Award for Excellence in Public Interest Service from the U.S. District Court for the Northern District of Illinois, the Seventh Circuit Bar Association’s John Paul Stevens Pro Bono and Public Service Award, and the Thomas H. Morsch Award for Pro Bono Achievement.
Steve’s recent experience includes:
- Drafting merits and certiorari-stage briefs in the U.S. Supreme Court for parties and amici in a wide range of matters involving technology and competition, including Halo Electronics v. Pulse Electronics (No. 14-1513), North Carolina Board of Dental Examiners v. FTC (No. 13-534) and Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. (No. 13-854);
- Drafting appellate briefs in the U.S. Courts of Appeals across the country, most recently in patent cases before the Federal Circuit and cases involving competition and professional regulation in the Fifth Circuit and Sixth Circuit;
- Drafting briefs on dispositive motions and claim construction in patent litigation;
- Developing strategies for resisting injunctive relief and excessive royalties on standard-essential patents; and
- Successfully briefing and arguing a motion to dismiss in a case brought against professional association.
- “Unconstitutional Perpetual Trusts,” 67 Vand. L. Rev. 1769 (2014) (with Robert H. Sitkoff), featured in “The Ins and Outs of Trusts That Last Forever,” N.Y. Times (Dec. 5, 2014)
- “Copyright's Asymmetric Uncertainty,” 79 U. Chi. L. Rev. 333 (2012)
- “A Free Speech Theory of Copyright,” Stan. Tech. L. Rev. 2 (2009)
- “Designing the Public Domain,” 122 Harv. L. Rev. 1489 (2009)
Steve is a member of the Intellectual Property Section of the American Bar Association. He has given presentations on technology and competition law issues for the law school faculties at Yale, Harvard, Cornell, UCLA and William & Mary, as well as for the American Bar Association’s Section of Antitrust Law. In 2016, he spoke on copyright issues as a panelist at Northwestern University School of Law on the future of “orphan works” after Authors Guild v. Google.
Steve has worked closely with the Northwestern School of Law’s Appellate Advocacy Center, including its Supreme Court Clinic, participating as a judge in moot courts for attorneys preparing to argue cases before the U.S. Supreme Court, and developing strategies and drafting briefs in cases pending before the Court, including in Kingsley v. Hendrickson (No. 14-6368) and Voisine v. United States (No. 14-10154).
In the 2012–2013 academic year, Steve served as a Lecturer in Law at the University of Chicago Law School, where he co-taught a seminar on technology policy.