Peter Curtin, J.D. | Partner
Education and Honors
Georgetown University Law Center, Washington,D.C.,
J.D.,magna cum laude,
Order of the Coif; Dean’s List.
University of Cincinnati,
B.A., summa cum laude,
Phi Beta Kappa; Dean’s List.
Bar and Court Admissions
District of Columbia
U.S. Court of Appeals for the Federal Circuit
U.S. Court of Appeals for the Fourth Circuit
U.S. District Courts for the District of Columbia, Maryland, and E.D. Wisconsin.
American Bar Association
American Immigration Law Association
American Intellectual Property Law Association
D.C. Bar Association
Illinois Bar Association
Intellectual Property Law Association of Chicago
Peter Curtin is an experienced litigator and trial lawyer who has appeared in federal trial courts across the country in civil and criminal cases for more than twenty five years. He has repeatedly proven his ability to:
develop strategies, claims, and defenses to meet client’s legal and practical goals;
analyze and understand complex facts, law, and technology; and
communicate effectively with stakeholders, judges, and juries.
Peter has represented plaintiffs and defendants in hundreds of complex civil cases from pre-filing investigation through trial and appeal. He has served his clients as lead counsel and trial counsel in dozens of civil and criminal cases.
Peter has litigated and tried patent cases involving many different technologies, including pharmaceuticals (small molecule active ingredients, molecular synthesis, polymorphs, drug formulations and methods of use); chemistry; digital voice mail; digital high-frequency battery chargers; earthquake-resistant building design and technology; electronic micro-balances; LED flashlights; manufacturing processes; medical devices; nutraceuticals; nutritional supplements; secure mobile networking technology; software patents; telephony; and other business methods. He has also represented clients in inter partes review proceedings before the U.S. Patent & Trademark Office.
Peter also has significant experience litigating trademark infringement, Lanham Act false advertising, state deceptive trade practices, unfair competition, and other complex civil cases. He has represented clients in matters before administrative agencies including the Federal Trade Commission, the Food & Drug Administration, and the Patent & Trademark Office, and before self-regulating bodies such as the National Advertising Division (NAD).
Peter’s litigation and trial experience includes appearances in eighteen federal district courts from California to the District of Columbia, from the Southern District of New York to the Southern District of Florida, and from the Eastern District of Texas to the Eastern District of Wisconsin. His appellate experience includes appearances before the U.S. Court of Appeals for the Federal Circuit, the U.S. Court of Appeals for the Third Circuit, and the U.S. Court of Appeals for the Fourth Circuit and several appearances on amicus briefs before the U.S. Supreme Court.
Peter began his legal career as an officer in the Judge Advocate General’s Corps of the U.S. Army, where he served as a command legal advisor and military prosecutor with the XVIII Airborne Corps at Fort Bragg, North Carolina. He also served as a Special Assistant U.S. Attorney for the Eastern District of North Carolina and prosecuted hundreds of criminal cases in that district
Arch & Lake LLP, Chicago, IL
Rakoczy Molino Mazzochi Siwik LLP, Chicago, IL
Venable LLP, Washington, DC
U.S. Army Judge Advocate General’s Corps
Representative Experience and Technologies
Inter Partes Review
Peter Curtin has represented petitioners in Inter Partes Review proceedings before the Patent Trial and Appeal Board challenging patents in technologies including pharmaceuticals and electronics.
Electronics/Computer-Related Patent Litigation
Lead trial counsel for a consumer electronics/tool manufacturer accused of infringing a patent covering LED flashlight technology in the United States District Court for the Eastern District of Wisconsin. After a bench trial, the court declared the asserted patent unenforceable and awarded the defendants their attorney fees and costs.
Lead trial counsel for plaintiff in the United States District Court for the District of Delaware in a case involving systems and methods for preparing and processing tax returns using automatic downloads of tax information. The case settled on the eve of trial.
Represented distributors of high-frequency digital battery chargers against patent infringement charges brought in the U.S. District Court for the Eastern District of Texas by a non-practicing entity. Negotiated an early settlement for far less than the cost of discovery.
Represented plaintiffs and defendants in other patent infringement cases involving high-frequency digital battery chargers, software for transforming and exchanging data between heterogeneous computer systems, secure mobile networking technology, digital voice-mail technology, and telephony filed in courts including the United States District Courts for the Eastern District of Texas, the Northern District of Illinois, and the Southern District of California.
Pharmaceutical Patent Litigation
Represented a generic pharmaceutical company in the United States District Court for the District of New Jersey challenging multiple patents protecting NEURONTIN® (gabapentin). The court declared the asserted patents invalid.
Represented a generic pharmaceutical company in the United States District Court for the District of New Jersey challenging multiple patents protecting CLARITIN® (loratadine). The court declared the key patent claim invalid, which was upheld on appeal.
Represented generic pharmaceutical companies accused of patent infringement in various courts including the U.S. District Courts for the District of Delaware, the Eastern District of Texas, the District of Maryland, the District of New Jersey and the Southern District of New York in cases involving patents directed to drug products including RESTASIS®, ATRIPLA®, VIREAD®, TRUVADA®, APRISO®, and SPRYCEL®.
Other Representative Patent Litigation
Co-lead counsel for defendant in a breach of contract and patent infringement suit brought in the U.S. District Court for the Eastern District of Virginia involving compositions and methods for manufacturing candies. Case settled very favorably shortly after the Markman hearing.
Lead counsel in the U.S. District Court for the Eastern District of Texas for a coffee company accused of infringing patents on methods for processing and packaging freshly ground roasted coffee. After discovery and mandatory mediation, case settled for less than the cost of trial.
Lead counsel for defendants in breach of contract and patent inventorship suit filed in the U.S. District Court for the District of Nevada involving inventorship of a patent on methods and a composition for treating HIV/AIDS. Case settled just before the final pretrial conference.
Represented various medical device manufacturers in patent infringement suits in courts including the U.S. District Courts for the District of Delaware, the District of New Jersey, the District of Minnesota, the Northern District of California, and the District of Utah involving patents directed to medical devices including cryosurgical devices, suture anchors, and devices to treat benign prostate hypertrophy using radiofrequency energy.
Representative Regulatory/Commercial Litigation
Represented a nutritional supplement company in civil contempt proceedings in the U.S. District Court for the Southern District of Florida after the Federal Trade Commission accused it of violating the FTC Act and a prior consent decree. The court found no violation, which was upheld on appeal.
Lead counsel for plaintiff in trademark infringement suit in the United States District Court for the District of Delaware involving marks for the provision of riverboat cruises and related services.
Represented clients including a marketer of weight loss products, a mortgage loan modification company, and a law partnership accused of false advertising in courts including the U.S. District Courts for the Northern District of Illinois, the District of Maryland, and the Northern District of Ohio after the Federal Trade Commission had secured ex parte TROs and asset freezes.
Represented clients in Lanham Act unfair competition and false advertising cases involving “smart” high-frequency digital battery chargers, other consumer electronics and consumer goods, pancreatic enzyme supplements, and weight-loss products in courts including the U.S. District Courts for the District of Minnesota, District of New Jersey, the Northern District of Illinois, and the Southern District of New York.