Mr. Radice is experienced in complex commercial litigation and has tried cases before courts and juries in many fields and in many federal and state jurisdictions. He has particular expertise in intellectual property, antitrust, securities, products liability, employment and legal ethics. In the intellectual property area, he has tried patent, copyright, trademark and trade secret cases for a wide variety of businesses and products including medical devices, electronics, firearms, toys, publishing and entertainment. He has argued securities, antitrust and patent appeals in the Second, Seventh and Federal Circuits, and in the United States Supreme Court argued the patent-antitrust case that determined the limits of the patent jurisdiction of the Federal Circuit. In the employment litigation area, he has tried and defended numerous race, age and sex discrimination cases and employment contract and restrictive covenant cases for major domestic and international employers. In connection with securities offerings, trading, takeovers and complex financial transactions, he has advised and defended public companies, underwriters, financial institutions, officers and directors.

Mr. Radice has been an Officer and Trustee of the Federal Bar Council since 1985, has chaired its Nominating Committee, its Court Visits Project, and its Annual Bench and Bar Conference, and has served on the Federal Courts Committee of the Association of the Bar of the City of New York. He practiced litigation at Paul, Weiss, Rifkind, Wharton & Garrison from 1972-78, then at Parker Auspitz Neesemann & Delehanty from 1978-87, before joining Morrison & Foerster in 1987, when the latter two firms merged. At Morrison & Foerster, Mr. Radice served as Managing Partner of the New York office from its 1987 inception to 1991 and was head of the New York Litigation Practice Group from 1994-2000.

Mr. Radice received his A.B. from Cornell University in 1966, and his J.D., with honors, from Cornell Law School in 1969. He was the Articles Editor of the Cornell Law Review and a member of the Order of the Coif. He is active in the Litigation and Antitrust Sections of the American Bar Association and has lectured on the subjects of Trial Practice, Deposition Skills, and Legal Ethics. He is a member of the Disciplinary Committee of the First Department and serves as a mediator for the Southern District of New York mediation program. He is a member of the Cornell Law School Advisory Council and Chairs the Dean’s Leadership Committee. He also chairs the Susan Carr Scholarship Committee of Columbia Law School.

Patent Cases

• Weisman v. Omron Healthcare, Inc., 97C 3077 (N.D. Ill.). We defended Omron against infringement claims concerning its blood pressure monitoring devices and three patents owned by plaintiff. The case was tried and won on Omron’s laches defense.
• Nippon Carbon Co. v. Nucor Corp., C.A. No. 01-726 (D. Del.). We brought infringement claims on Nippon Carbon’s patent for a cooling method for graphite electrodes used in electric arc steelmaking furnaces. After discovery, a favorable settlement was reached as a result of mediation of the claims.
• Christiansen v. Colt Industries Operating Corp., (C.D. Ill.). In this marathon patent-antitrust case involving the patents to Colt’s M-16 automatic rifle, we obtained reversal by the Federal and the Seventh Circuits of a summary judgment of invalidity of 12 patents on best mode and enablement grounds, 882 F.2d 1544 (Fed. Cir. 1987) and 870 F.2d 1292 (7th Cir. 1989); summary judgment disposing of virtually all of the Sherman Act Section 1 and Section 2 claims in the C.D. Ill.; and a Supreme Court precedent that established the jurisdictional boundaries between the Federal Circuit and the regional circuits for patent antitrust claims, 108 S.Ct. 2166 (1988).
• Zimmer, Inc. v. BTG Int. Ltd. and Johnson & Johnson, 783 N.E. 2d 1287 (Ind. 2003). We represent British Technology Group in a license dispute involving BTG’s and Johnson & Johnson’s patents for hip replacement parts. We succeeded in having the Indiana Court of Appeals overturn an adverse summary judgment decision interpreting the licenses at issue.
• Becton Dickerson and Co. v. Omron Healthcare, Inc., Civil Action No. 98-72 (GMS) (D. Del.). We defended Omron in an infringement action involving its infrared ear thermometers and a patent licensed to Becton Dickerson and won dismissal of the complaint for lack of standing.
• In Tech Marketing, Inc. v. Hasbro, Inc., 719 F. Supp. (D. N.J. 1989). We obtained summary judgment defeating patent ownership claims to patent of Pogoball toy device.

Antitrust and Unfair Competition Cases

• Mexinox v. Acerinox and Thyssin (N.D.Va.). We represented plaintiff, a Mexican steel producer, in this Section 8 antitrust case brought against the principle Spanish and German producers of specialty steels and asserting anticompetitive restrictions on the U.S. and international markets for specialty steel. The case, which was brought to trial within a year of filing in the “rocket docket” of N.D. Virginia, was settled when defendants bought out plaintiff’s steel operations.
• Represented Lenox Inc. in a NYS Attorney General investigation, and follow-on class actions, of an alleged refusal to deal among department stores and makers of china and crystal.
• American Booksellers Association, et al. v. Barnes & Noble, et al. (N.D.Ca.). We represented Barnes & Noble in a Robinson-Patman Act and California state law action alleging that Barnes & Noble, Borders, and their affiliates received discriminatory discounts and other benefits from publishers and distributors in violation of the Robinson-Patman Act and various California statutes. We obtained summary judgment on all monetary damages and settled on very favorable terms during the second week of trial.
• Christianson v. Colt Industries (C.D. Ill.). We represented defendant Colt in patent antitrust claims, under both Section 1 and Section 2 of the Sherman Act, involving the patents and marketing of the M16 rifle. Summary judgment on all patent validity claims was successfully obtained in the Seventh Circuit. Further summary judgment disposed of virtually all of the remaining Section 1 and Section 2 claims. A U.S. Supreme Court appeal and decision in this case established the jurisdictional boundaries between the Federal Circuit and the regional circuits for patent antitrust claims.
• Colt v. Springfield Armory (C.D. Ill.). We represented plaintiff Colt in the enforcement of its patents, trade secrets and trademark rights in connection with the M16 rifle, litigated antitrust defenses and counterclaims, and prevailed on a preliminary injunction, upheld by the Federal Circuit, to enforce those rights and bar competitive knock-offs.
• The Brokers Assistant v. Cross & Brown Co., Cushman & Wakefield, Edward S. Gordon, and the Williams Companies (SDNY). We represented defendant Cross & Brown in an alleged group boycott against the major New York brokerage firms concerning listings for office space in the New York metropolitan area. The case was settled after discovery and summary judgment motions.
• N.B. Hunt v. Mobil Oil et al. (SDNY). I represented the Hunt brothers as plaintiffs in connection with their North African and Persian Gulf oil concessions, the expropriation of the Libyan concession, and Section 1 and Section 2 Sherman Act claims against the seven major oil companies arising out of the expropriations and the oil sharing and trading agreements put in place thereafter.
• United States v. Madison Square Garden and International Boxing Club (SDNY). I obtained relief in the form of modification of and ultimately termination of the decades-old antitrust decree that restricted the boxing operations of Madison Square Garden and its affiliates.
• World Hockey Association v. National Hockey League (SDNY and E.D.Pa.). I represented the New York franchise and several players in the WHA/NHL antitrust litigations that sought to break the NHL’s player monopoly.

Copyright, Trademark and False Advertising Cases

• Hasbro Bradley Inc. v. Sparkle Toys Inc., 780 F.2d 189 (2d Cir. 1985). Copyright preliminary injunction against knockoffs of TRANSFORMERS toys, upheld by Second Circuit on copyright notice issues. Set the preliminary injunction standard for copyright infringement cases.
• Beacham v. MacMillan Inc. (Simon & Schuster), 837 F. Supp. 970 (S.D. Ind. 1993), copyright, trademark and trade dress claims re WordPerfect manuals; Lanham Act and palming off claims dismissed on summary judgment.
• Devoney v. MacMillan Inc. (Simon & Schuster), IP90-058C (S.D. Ind.), copyright and trademark dispute over revised editions to computer books, summary judgment dismissal obtained.
• Hasbro v. Lenard Toys, 858 F.2d 70 (2d Cir. 1988). Trademark/trade dress protection over knockoffs to Hasbro’s G.I. JOE toys and GUNG HO character. Second Circuit reversed district court and ordered a preliminary injunction.
• Hasbro v. Lenard I and II. Preliminary injunctions against Lenard’s knockoff of the MY LITTLE PONY toy and the GLOW WORM trade dress.
• Wales Industrial Inc. v. Hasbro Bradley Inc., 612 F. Supp. 507 (SDNY 1985). Preliminary injunction on copyright and trade dress issues involving copies of DINOBOT toys.
• Lombard Marketing Inc. v. Hasbro Inc. and Waddingtons Games Ltd., 393 CV 01412 (D. Conn.). Dispute over trademark and copyrights to CLUE games.
• Other HASBRO trademark/copyright preliminary injunctions: Hasbro v. Four Star International Trading Corp., 85 Civ. 5380 (SDNY); Hasbro v. Goffa Toys, CV85-2860 (EDNY); Hasbro v. R.E. Greenspan Co., 86 Civ. 1901 (SDNY); Hasbro v. Sound and Design Imports, No. 85-6067 (C.D. Cal.); Hasbro Bradley v. Kmart, (D.R.I. Civ. 85-0198).
• Playskool Inc. v. Product Development Group Inc., 699 F. Supp. 1056 (EDNY 1988). Trademark infringement and false advertising preliminary injunction against knockoff to Pipeworks toy.
• Colt Industries v. Springfield Armory. Enforcement of patent, trade secret and Lanham Act rights in the M16 rifle and parts. Preliminary injunction obtained in C.D. Ill. on trade secret and Lanham Act grounds upheld by Federal Circuit.
• Colt v. Eagle Military Gear, 83 Civ. 7878 (SDNY). Trade secret and Lanham Act enforcement re M16 rifle parts, preliminary injunction granted.
• Totaltape Inc. v. National Association of State Boards of Accountancies (SDNY) 1987-1 trade cases, ¶ 67, 471. Antitrust claims and Lanham Act counterclaims re accountant examination review manuals.
• Garland v. C&D Hit Inc. (N.D. Fla.). Trade dress dispute over pen design.
• DMC v. Coats and Clark, Inc., 89 Civ. 7692 (SDNY). Trade dress dispute over embroidery product colors and labels.
• Kenner Parker v. Tyco Ind. & Glad Inc., 87 Civ. 1136 (SDNY). Successful defense of preliminary injunction, Lanham Act and trade secret claims, over PlayDoh toys.
• Warner Books v. Schildkraut Giftware. Trademark and unfair competition preliminary injunction against use of confusionally similar names of book titles and characters.
• Kent v. Prentice Hall Computer Publishing (AAA arbitration) – publishing contract and copyright claims over series of Autocade books, settled during arbitration.
• Holt and O’Connor v. Globe Fearon, Inc., 95 Civ. 10525 (SDNY). Publishing contract and author’s rights claims over widely-used history text books, successfully mediated after District Court litigation.
• Bridge Information Systems v. Moneyline Networks, Inc., (Sup. Ct. N.Y. Co.) Defeated preliminary injunction against use of proprietary software for on-line trading of financial investments; claims based on trade secret, copyright and unfair competition.
• ASN Ware, Inc. v. The New York Hairspray Co., 02 Civ. 7056 (SDNY). We represented the producers of the hit Broadway show HAIRSPRAY in a trademark dispute over the merchandizing of HAIRSPRAY products.

Securities Cases

• In re EMAC Securities Litigation (SDNY). Defend former COO in consolidated § 10b-5 actions concerning alleged underwriting problems in $1 billion of securitized loans.
• In re Atlas Air Securities Litigation (SDNY). Defend former CEO in § 10b-5 and § 11 class actions alleging false financial statements after an announced $365 million earnings restatement.
• In re Children’s Place Securities Litigation (SDNY). Represented underwriters in §§ 11 and 12 class actions over a post-IPO earnings and price drop.
• Braunschweiger v. Hasbro (D. Mass). Represented company, officers and directors and obtained dismissal of § 10b-5 class action over “disappointed earnings.”
• Pittsburgh, Coke and Chemical Co. v. Bollo (EDNY). Represented defendant-seller in trial of acquirer’s securities fraud claim in connection with acquisition. Judgment dismissing all § 10b-5 and common law claims was upheld by the Second Circuit.
• Chris Craft v. Piper Aircraft (SDNY). Represented Chris Craft in this seminal securities takeover litigation.

Trials

First chair bench and jury trials:

• Weisman v. Omron Healthcare, Inc., 97C 3077 (N.D. Ill.). Represented defendant in trial of patent infringement case concerning blood pressure monitoring devices. The case was won on the laches defense.
• Patrick Ewing v. The New York Knicks. Defended the New York Knicks against Patrick Ewing’s attempt to break his contract and become a free agent. The Knicks rights to Ewing were upheld after trial before a Special Arbitrator.
• Washington Bullets v. The New York Knicks. Defended the New York Knicks against tampering charges by the Bullets concerning the free agent signing of player Harvey Grant. At trial before a Special Master under the basketball antitrust consent decree procedure, the Knicks were absolved of tampering and the Grant contract was upheld.
• Matthews v. General Motors Corp. (SDNY). Tried a class racial employment discrimination claim against client General Motors and obtained a directive verdict at the end of plaintiff’s case on the individual claim after defeating class certification.
• Clarke v. Madison Square Garden and Paramount Communications (Sup. Ct. N.Y. Co.). Assault, false arrest and false imprisonment claims were brought against MSG’s security guards and the corporations after a fight between patrons and security guards resulted in personal injuries and arrests. I tried the case for MSG and Paramount and successfully limited punitive damages and compensatory damages to a token amount.
• First Artists Productions v. Nealy, et al. (SDNY). I represented the producers at a trial over options and motion picture rights to the book “Stand On It” which both Paul Newman (First Artists) and Burt Reynolds (Universal) wanted to make into a movie. Paul Newman won at trial but Burt Reynolds got to make the movie.
• Colt v. Supremefield Armory (C.D. Ill.). Representation of plaintiff Colt Industries in the enforcement of its trade secrets and trademark rights in the M-16 rifle. Tried and won a preliminary injunction, upheld by the Federal Circuit, to enforce those rights and bar competitive knock-offs.
• Brandman and Levy v. Cross & Brown and Co. (Sup. Ct. Kings Co.). Represented defendants in a Brooklyn jury trial over a failed Florida real estate development. Case settled before verdict.
• Bollo v. Standard Aircraft Equipment Co. (N.Y. Sup. Ct.). Tried and won jury trial for a terminated CEO’s employment contract claims and benefits.
• Dale v. Aetna Industrial Corp., et al. (N.Y. Sup. Ct.). Defended a trustee against breach of fiduciary duty claims which were dismissed after trial and upheld on appeal.

Second chair trial experience:

• New York City Transit Authority v. Pullman and Rockwell (SDNY). Trial of New York City’s defective product claims against subway car manufacturers resulted in $86 million jury verdict for the City.
• Pittsburgh, Coke and Chemical Co. v. Bollo (EDNY). Represented defendant seller in trial of acquiring company’s securities fraud claim in connection with acquisition. Judgment dismissing all 10b-5 and common law claims was upheld by the Second Circuit.
• American Cyanamid v. Ervin (D.N.J.). Represented plaintiff in a securities fraud trial concerning chemical companies’ acquisition of a real estate developer. Settled midway through jury trial.
• Chris Craft v. Piper Aircraft (SDNY). Represented Chris Craft in this seminal securities takeover litigation that set many precedents and went to trial on Chris Craft’s damages claims.
• Interstate Commerce Commission v. Northville Industries (FERC). Trial of oil pipeline jurisdiction cases before the Federal Energy Regulatory Commission.