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Philip A. Irwin

Partner

New York +1 212 841 1190

  • About
  • Representative Matters
  • Credentials
  • About

    Philip Irwin represents clients in intellectual property and complex commercial litigation. He combines a background in computer science with extensive trial experience—including approximately 20 trials in federal and state courts, in the International Trade Commission, and before arbitration panels—to handle clients’ most important and difficult litigation problems. Phil has litigated patent, copyright, trade secret, and commercial cases involving software, hardware, wireless technology, telecommunications, EV batteries, and financial instruments.

    Phil’s pro bono experience includes leading a team of Covington litigators representing the plaintiff class in the landmark civil rights litigation that successfully challenged New York City’s “stop and frisk” practices as racially discriminatory and unconstitutional.

    Areas of Expertise

  • Practices and Industries
  • Representative Matters
    • Representation of SK Innovation in Section 337 ITC investigation against LG Chem involving lithium-ion batteries for electric vehicles. In the Matter of Certain Pouch-Type Battery Cells, Battery Modules, and Battery Packs, and Products Containing the Same, Inv. No. 337-TA-1179. Served as first chair at trial.
    • Representation of Kit Check, Inc. in trade secret and patent litigation involving pharmacy kits utilizing RFID technology. Kit Check, Inc. v. Health Care Logistics, Inc. (S.D. Ohio). Served as first chair at Markman hearing.
    • Representation of Commerzbank in trade secret and breach-of-contract litigation involving structured finance transactions. Structured Capital Solutions, LLC v. Commerzbank AG, New York Branch (S.D.N.Y.). Won partial summary judgment and a defense verdict as first chair at trial.  
    • Representation of Samsung against copyright and patent infringement claims involving printer software. CCP Systems AG v. Samsung Elec. Co., Ltd. (D.N.J). Won defense judgment as co-first chair at trial.
    • Representation of Beable Education, Inc. and Saki Dodelson in patent, trade secret, and commercial litigation involving education software. AC Holdco, Inc. v. Beable Education, Inc., et al. (D.N.J.).
    • Representation of Microsoft and Dell in patent infringement litigation involving adaptive screen brightness. Polaris PowerLED Technologies, LLC v. Dell Technologies, Inc., et al. (W.D. Tex.).
    • Representation of Samsung in patent infringement litigation involving adaptive screen brightness. Polaris PowerLED Technologies, LLC v. Samsung Electronics America, Inc. (E.D. Tex.).
    • Representation of Samsung in patent infringement litigation involving backlight technology. Samsung Electronics America, Inc. v. Polaris PowerLED Technologies, LLC (D. Del.).
    • Representation of Warby Parker in trade secret, breach-of-contract, and patent ownership litigation involving software for remote vision testing. Opternative, Inc. v. JAND, Inc. d/b/a Warby Parker (S.D.N.Y.).
    • Representation of Hisense in Section 337 ITC investigation involving 802.11n technology in televisions. In the Matter of Certain Wi-Fi Enabled Electronic Devices and Components Thereof, Inv. No. 337-TA-1072. 
    • Representation of Samsung in Section 337 ITC investigation involving noise suppression and echo cancellation in cell phones and other electronic devices. In the Matter of Certain Audio Processing Hardware, Software and Products Containing the Same, Inv. No. 337-TA-1026. 
    • Representation of Samsung in patent infringement litigation involving LEDs. Lexington Luminance LLC v. Samsung Electronics Co., Ltd., et al., 16-cv-11138 (D. Mass.).

    • Representation of Samsung in patent infringement lawsuit involving microphones in mobile devices and financial transactions on mobile devices. Sentegra, LLC v. Samsung Electronics America, Inc., et al. (S.D.N.Y.).
    • Representation of Manheim, Inc. in trade secrets and software ownership litigation. Manheim, Inc. v. Bidready, LLC et al. (Sup. Ct. Fulton County, Georgia).
    • Representation of AOL in patent infringement lawsuits involving internet advertising. Augme Techs., Inc. v. Tacoda LLC, et al. (S.D.N.Y.); Augme Techs., Inc. v. AOL., et al. (S.D.N.Y.); Augme Techs., Inc. v. Gannett Co., et al. (S.D.N.Y).  
    • Representation of Fujitsu in patent infringement litigation involving wireless network technology. Fujitsu Ltd. v. Belkin Int'l, Inc. (N.D. Cal.).
    • Representation of Samsung in Section 337 ITC Investigation involving microprocessor technology in cell phones and televisions. In the Matter of Certain Electronic Devices Including Handheld Wireless Communication Devices, Inv. No. 337-TA-667.
    • Representation of Samsung Electronics in patent infringement litigation involving flat-panel televisions. Genoa Color Tech., Ltd. v. Samsung Elec. Corp., Ltd. (S.D.N.Y.).
    • Representation of a brokerage firm in dozens of lawsuits in federal court and in arbitration brought by customers of a former employee who confessed to perpetrating a multimillion dollar Ponzi scheme.
    • Representation of an issuer of secured bonds in a $450 million dispute with bondholders in an expedited trial in Delaware Chancery Court.

    Areas of Expertise

  • Credentials
    Education
    • Harvard Law School, J.D., 1999
        • magna cum laude
        • Harvard Defenders, President
    • Cornell University, A.B., 1996
        • magna cum laude in Computer Science
    Bar Admissions
    • New York
    Judicial Clerkship
    • Hon. Robert D. Sack, U.S. Court of Appeals, Second Circuit, 2000 - 2001
    Pro Bono
    • Representation of Plaintiffs in class action alleging constitutional violations in Buffalo's traffic enforcement policies and practices. Black Love Resists in the Rust v. City of Buffalo, et al. (W.D.N.Y.).
    • Representation of Plaintiffs in Floyd v. City of New York (S.D.N.Y.), a class action lawsuit challenging New York City's "stop and frisk" practices and policies as racially discriminatory.
    • Representation of Plaintiff in successful First Amendment appeal.  Farid v. Ellen, 593 F.3d. 233 (2d Cir. 2010).
    • Obtained reversal of adverse judgment in Section 1983 case in Rivas v. Suffolk County, 2008 WL 45406 (2d Cir. 2008).
    • Submitted an amicus brief on behalf of a coalition of pro-choice organizations in Ayotte v. Planned Parenthood of Northern New England, 546 U.S. 320 (2006).
    Accolades
    • New York Super Lawyers, Intellectual Property Litigation and Civil Litigation Defense (2014-2019)
    • New York Super Lawyers, Intellectual Property Litigation and Civil Litigation Defense "Rising Star" (2013)
    Memberships and Affiliations
    • Pro Bono Panel of the United States Court of Appeals for the Second Circuit
    • American Bar Association
    • Federal Bar Council

    Areas of Expertise

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