STEVE HOROWITZ is a litigator who identifies creative solutions to complex problems faced by life sciences and technology companies. He is regularly called upon to draft important briefs at every stage of litigation—from preliminary injunctions to merits briefing at the Supreme Court—and to argue critical motions and appeals. Steve has twice been named a “Legal Lion” by Law360 for his work on patent appeals. He is also an experienced trial lawyer, having developed winning trial strategies and prepared and examined key witnesses to tell his clients’ stories. Steve has helped innovators protect groundbreaking therapies in litigation under the Hatch-Waxman Act and the Biologics Price Competition and Innovation Act, and he has worked closely with clients to use the tools of litigation to bring next-generation technologies to market.
Steve’s cases have involved a wide range of substantive issues—including patent, antitrust, trade secret, copyright, trademark, and breach of contract—in a number of different forums—including district courts, courts of appeals, the Supreme Court, the Patent Office and the International Trade Commission. He has particularly deep experience with patent appeals in the Federal Circuit, regularly arguing and briefing cases across a range of technology areas, including in appeals from both district court proceedings and the Patent Office. What unites Steve’s diverse experiences is a focus on helping clients navigate complex legal challenges so that they can achieve their business goals.
In addition to his work for life sciences and technology companies, Steve regularly represents professional associations in sensitive disputes over accreditation, competition and administrative procedure.
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).
Representative experience includes:
- In high-profile patent litigation under the BPCIA, led the response to a central, novel invalidity challenge in winning trial in the District of New Jersey as well as the successful defense of that victory on appeal.
- In the Federal Circuit, argued and won a precedent-setting case regarding issue preclusion in Patent Office proceedings.
- In the Federal Circuit, argued and won appeal on behalf of group of solar cell manufacturers, protecting their victory before the International Trade Commission.
- In the Federal Circuit, won rare outright reversal of Patent Office decision upholding the validity of a patent.
- In the Seventh Circuit, won reversal of the denial of a new jury trial following an unfavorable verdict.
- In district courts across the country, drafted and argued successful claim construction briefs and dispositive motions, and presented and cross-examined witnesses at trial.
- In the U.S. Supreme Court, drafted merits and certiorari-stage briefs for both parties and amici in a wide range of matters involving technology and competition.
- Developed strategies for resisting injunctive relief and excessive royalties on standard-essential patents.