Edward V. Filardi heads Skadden’s Patent Litigation practice and has extensive experience in patent, trade secret, unfair competition and antitrust-related matters, specifically regarding litigation and dispute resolution. He is a registered U.S. patent attorney with extensive jury trial and appellate experience and has litigated patent and other technology-related cases for both plaintiffs and defendants.
Domestically, Mr. Filardi has served as lead trial counsel in matters involving various technologies, including medical devices, chemicals, pharmaceuticals, computer software, telecommunications, mechanics and business methods in federal and state courts, as well as before the International Trade Commission. He also has significant experience representing clients in international litigation related to the pharmaceutical, chemical and fabricated materials industries, and he has served as advisory lead counsel in coordinating litigation in France, Germany, the Netherlands, the United Kingdom, Japan, Denmark and Sweden. Mr. Filardi has been an arbitrator and a court-appointed neutral evaluator in intellectual property rights infringement matters, including arbitrations administered by the American Arbitration Association (AAA) and the WIPO Arbitration and Mediation Center.
Mr. Filardi has written and lectured extensively on matters relating to federal litigation and practice and patent law for the Practising Law Institute, the American Intellectual Property Law Association, the Los Angeles Patent Law Association, The Southwestern Legal Foundation, the New York Intellectual Property Law Association, the American Bar Association Section of Intellectual Property Law and the National Institute for Trial Advocacy.
Mr. Filardi repeatedly has been selected for inclusion in Chambers USA: America’s Leading Lawyers for Business and The Best Lawyers in America. He also is listed in The International Who’s Who of Patent Lawyers 2008.
Publications and Lectures
Speaker, PLI Patent Law Institute 2009, New York, NY (March 2-3, 2009) and San Francisco, Calif. (March 23-24, 2009)
Panelist, “Patent Infringement Damages,” AICPA National Conference on Fraud and Litigation Services, together with damages expert Glenn Newman of PARENTE RANDOLPH, LLC. Served as co-panelist on the overall topic of patent damages and how economists and CPA damages experts are effectively used in patent infringement litigation (September 28-29, 2006)
Contributing Author, Patent Litigation Strategies Handbook, Second Edition (BNA 2006)
Co-Author with Mark D. Baker, “The Past, Present and Future of the Federal Circuit; Practitioner Perspectives on the Law of Inequitable Conduct, Claim Construction and the Doctrine of Equivalents,” Case Western Reserve Law Review (Spring 2004)
Author/speaker, “Strategic Considerations For Timing Of A Markman Hearing,” AIPLA Spring CLE program, (April 2002)
Presentation to Barnett Pharmaceutical Group “Patent Issues Relating to the Marketing of Brand Name and Generic Pharmaceuticals,” Edward V. Filardi, Madeline Baer, Philadelphia (June 2000)
Author, “Injunctive Relief in Patent Infringement Cases” – Patent Litigation, Practising Law Institute (1999)
Co-Author with Scott Weingaertner, “Injunctive Relief In Patent Infringement Cases,” Practising Law Institute (September 1997 and November 1996)
Co-Author with Zoltan Kerekes and Poojitha Gopalaswami-Rao, “Preliminary Injunction and Summary Judgment Motion Sin Patent Litigation: the Basics of Intellectual Property Litigation” (1996)
Co-Author with Cecilia O’Brian Lofters and Poojitha M. Gopalaswami-Rao, “Federal Intellectual Property Litigation,” (NYIPLA 1995)
Co-Author with Steven Betensky and Leanne Steele, “Pre-litigation Considerations Relating to United States Patent Infringement Actions: an Overview,” Practising Law Institute (1993)
Author, “The Adequacy of Compensation for Patent Infringement – An Analysis of Monetary Relief Under 35 U.S.C. § 284” (Autumn 1992)
Lecture and article, “The Ramifications of the Supreme Court’s Decision In Two Pesos, Inc. v. Taco Cabana, Inc.,” ABA Annual Meeting, San Francisco, Calif. (August 6-12, 1992)
Lecture, “Licensing Technology in the United States,” Technology Transfer Session, Stockholm, Sweden (May 30, 1991)
Lecture and article, “Patent Litigation – Discovery of Documents and Things,” Inventors Hall of Fame Conference, Akron, Ohio (May 16-17, 1991)
Lecture and article, “The Presentation of Demonstrative and Visual Evidence at Trial,” Practising Law Institute, Patent Litigation Program, New York, NY (1990)
Mock Patent Jury Trial, Defense Counsel, Demonstration of Direct and Cross-Examination of Patent Law Exhibits, Los Angeles Patent Law Association, Annual Meeting, Palm Springs, Calif. (May 6-7, 1989)
Lecture and article, “The Use of Magistrates and Masters In Patent Litigation,” Joint Patent Seminar, New York, NY (April 4, 1989)
Mock Patent Jury Trial, Defense Counsel, Demonstration of Direct and Cross-Examination of Technical Expert Witnesses, Demonstration of Jury Instructions Argument, American Intellectual Property Law Association, Mid-Winter Meeting, Marco Island, Fla. (January 1989)
Lecture and article, “Defending Against Patentee’s Claim for Damages,” American Intellectual Property Law Association, Mid-Winter Meeting, Marco Island, Fla. (January 1989)
Lecture and article, “Summary Judgment in Patent Cases,” American Intellectual Property Law Association, Annual Meeting, Washington, D.C. (1988)
Lecture and article, “Trial Techniques in Patent Litigation,” Practising Law Institute, Patent Litigation Program, New York, NY (1988)
Lecture and article, “Summary Judgment in Patent Cases,” New York Patent, Trademark & Copyright Law Association (1987)
Lecture and article, “A Suggested Format for Pre-Trial and Trial Format in Patent Litigation,” Practising Law Institute, Patent Litigation Program, New York, NY (1986)
Lecture and article, “Process Patent Legislation,” American Intellectual Property Law Association Annual Meeting, Patent Law and Practise Program, Washington, D.C. (October 10, 1986)
Lecture and article, “Recent CAFC cases on Patent Anticipation Under Section 102 and Invalidity under Section 112,” ABA Patent, Trademark Copyright Sections First Annual Continuing Legal Education Program, New York, NY (August 1986)
Lecture and article, “Recent Amendments to the Patent Statute,” Patent Law Annual, Southwestern Legal Foundation, Dallas, Texas (1986)
Seminar Leader, “Patent Litigation,” Second Annual Joint Patent Conference, Connecticut, New York, New Jersey and Philadelphia Patent Law Association (May 14, 1986)
Public Debate and Outline, The Fourth Annual Judicial Conference, Court of Appeals for the Federal Circuit, “Debate Issue Resolved: The Federal Circuit has improperly assumed the role of the fact finder and has departed from the standard of appellate review under Rule 52(a), Fed.R.Civ.P.,” (April 23, 1986)
Lecture and article, “Substantive Aspects of the Patent Law Amendments – 1980-1985,” First Annual ABA-PCT Section Mid-Year CLE Program (April 10, 1986)
Program Moderator, “Developments in Technology Licensing,” 1985-1986 AIPLA Mid-Winter Institute, Palm Springs, Calif.
Lecture and article, “Appellate Review of Patent Bench Trials: Is the Federal Circuit Following Rule 52(a),” Current Developments in Patent Law, Practising Law Institute, New York, NY (1985)
Program Moderator, First Annual Joint Seminar, “Recent Developments in Chemical Patent Practice” New York, NY (1985)
Lecture and article, “Recent Developments in the Federal Rules of Civil Procedure and Some Observations on Their Effective Use in Patent Litigation,” Patent Law Annual 189-270, Southwestern Legal Foundation, Dallas, Texas (1984)
Lecture and article, “Recent Developments in the Federal Rules of Civil Procedure,” AIPLA Selected Legal Papers, Vol. II, No. 1, Boston, Mass. (June 1984)
Lecturer, Fourth Annual Institute, Patent Trial Advocacy, American Bar Association, Washington, D.C. (1984)
Lecture and article, “Preventing Frivolous Litigation,” Bureau of National Affairs Inc., Patent Law Program, Washington, D.C. (1984)
Lecture and article, “Recent Developments in the Federal Rules of Civil Procedure: Some Observations on Their Effective Use,” Practising Law Institute, Patent Litigation Program, New York, NY (1983)
U.S. Patent and Trademark Office New York State Bar; U.S. District Court (all judicial districts in New York) U.S. Courts of Appeals for the First, Second, Third, Seventh and Ninth Circuits U.S. Court of Appeals for the Federal Circuit; U.S. Court of Federal Claims U.S. Supreme Court
Education
J.D., New York Law School, 1968 (Articles Editor, Law Review)