Michael Aschen

Michael Aschen

PHONE: 212.885.9207
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Michael Aschen practices intellectual property litigation and counseling.  Michael devotes the majority of his time to litigating cases before the U.S. district courts.  His litigation experience includes analyzing patents and technical issues, preparing pleadings and briefs, taking and defending depositions of fact witnesses, assisting technical experts in their preparation of expert reports, conducting and defending depositions of expert witnesses, and bench and jury trials.

Michael has litigation experience in wide array of industries including entertainment, television, automotive, professional sports, petroleum, consumer products, apparel, jewelry, Internet, alcoholic beverages, publishing, finance, printing, telecommunications, magnetics, pet products, semiconductors, fertilizers, industrial piping, hardware, and retail.

Michael has also argued numerous appeals before the United States Courts of Appeal for the Second, Sixth, Ninth, Eleventh and Federal Circuits.

Michael also provides clients with counseling regarding the development of patent portfolios, has prepared opinions of counsel, identified and resolved potential infringement disputes, and counseled clients regarding licensing opportunities.

Highlights

  • Defeated a motion seeking a preliminary injunction against the makers of Jefferson’s Ocean Aged at Sea small batch bourbon in a case filed, and later dismissed, by Hawaii Sea Spirits, LLC in the Federal District Court for the Western District of Kentucky.
  • Obtained a favorable decision for Tequila Cuervo La Rojeña S.A. de C.V., Casa Cuervo, S.A. de C.V. and Jose Cuervo International, Inc. in a trial against Maker’s Mark Distillery in the Federal District Court for the Western District of Kentucky.
  • Obtained a favorable decision for Amsterdam based Equant N.V. in a summary judgment proceeding against Jeffrey Gaul in the Federal District Court for the Northern District of New York.
  • Obtained a favorable decision for Radio City Music Hall in a trial against the Mattel Corporation in the Federal District Court for the Southern District of New York.
  • Obtained a favorable outcome for William M. Gaines, Agent, the owner of the historic archives and intellectual properties of EC Comics, in a copyright ownership case it filed in the Federal District Court for the Southern District of New York against Albert B. Feldstein.
  • Obtained a favorable resolution for General Motors in an Internet domain name action it brought before the World Intellectual Property Organization against a foreign registrant.
  • Obtained a favorable resolution for The Leading Hotels of the World of a trademark infringement action it filed in the Federal District Court for the Southern District of New York against Luxe Hospitality Company.
  • Obtained a favorable decision for Montréal based Multi-Vet Ltd. in a preliminary injunction hearing brought by Premier Pet Products, Inc. in the Federal District Court for the Southern District of New York.
  • Obtained a favorable decision for Naturopathic Laboratories International, Inc. after a trial against Dermal Research Laboratories, Inc. in the Western District of Missouri.
  • Obtained a favorable decision for Playtex Products Inc. after a jury trial against The Procter & Gamble Co. in the Federal District Court for the Southern District of New York.
  • Obtained a favorable decision for Sim Kar Lighting Fixture Co. in a trial against the Genlyte, Inc. in the Federal District Court for the District of New Jersey.
  • Interned with the Honorable Ruth G. Washington, Federal District Court for the Southern District of New York.

Bar and Court Admissions

  • The State Courts of New York and New Jersey
  • The United States District Courts for the Southern and Eastern Districts of New York and District of New Jersey
  • The United States Courts of Appeal for the Second, Sixth, Ninth, Eleventh and Federal Circuits.

Professional Activities

  • American Bar Association
  • New York Bar Association

Publications

  • Patent Valuation is a Necessary Part of Business – Innovations Increase a Company’s Wealth, N.Y.L.J.,March 27, 1995.
  • Law Review Comment Topic: Antitrust Law – Robinson-Patman Act – Prohibition Against Price Discrimination and Meeting Competition Defense – Falls City Industries, Inc. v. Vanco Beverage, Inc.

Education

  • New York Law School (Member – Law Review)
  • University at Albany, B.S. Economics (minors in Mathematics and Physics)