Cook Alciati

Patent and Trade Secret Litigation | Post-Grant Proceedings

Cook Alciati specializes in intellectual property litigation, with a particular emphasis on patent litigation. Mr. Alciati regularly represents clients in district courts around the country as lead counsel. Mr. Alciati also regularly represents clients in inter partes review proceedings before the United States Patent and Trademark Office’s Patent Trial and Appeal Board. Mr. Alciati has experience in all aspects of patent litigation from the filing of the complaint through a jury verdict. Mr. Alciati has handled numerous Markman hearings, summary judgment hearings, and Daubert hearings in District Courts throughout the country. Mr. Alciati has been recognized in consecutive years for his accomplishments in patent litigation by IAM Patent 1000 and is identified as a recommended individual. According to IAM, Mr. Alciati “makes light work of major patent litigation; he works efficiently, collaboratively and with commercial purpose.” Mr. Alciati was also recognized as a Rising Star in Patent Litigation by Managing IP.

Mr. Alciati’s practice also involves representing clients in appellate matters, principally before the United States Court of Appeals for the Federal Circuit. In addition to his experience litigating patents, Mr. Alciati has experience in complex commercial litigation, trade secret litigation, and trademark and copyright litigation. Mr. Alciati has experience with a broad range of technologies including aseptic processing, electronics, cloud computing technologies, artificial-intelligence based inventions, LEDs, footwear, sporting equipment, and medical devices including implantable devices, wound closure devices and obesity treatment devices.

Mr. Alciati brings a unique perspective to private practice. Mr. Alciati began his career in private practice and was hired in-house to oversee a major patent litigation campaign involving industry-wide infringement of company’s patents. Mr. Alciati enjoyed success in that effort, including by successfully defeating several inter partes review petitions. During his time serving as in-house counsel, Mr. Alciati learned the importance of efficiency in large scale patent litigation. He also learned the value of transparent and frequent communication between a client and outside counsel.

Mr. Alciati has a Juris Doctor from Villanova University and an LLM from the University of Edinburgh in Scotland focused on Intellectual Property. Mr. Alciati’s graduate studies at the University of Edinburgh focused on the intersection of technological advancements and intellectual property law across various jurisdictions and legal systems.

Education

Villanova University (J.D.)
University of Edinburgh in Scotland (LL.M.)

Admissions

Admitted in NY only; practice is limited to matters and proceedings before federal courts and agencies
New York
United States Court of Appeals, Federal Circuit

Accolades

Best Lawyers In America 2024, Litigation – Intellectual Property
Managing IP Magazine, Rising Star 2023
IAM300, Recommended Individual 2023
IAM1000, Recommended Individual 2023
Managing IP Magazine, Rising Star 2022
IAM1000, Recommended Individual 2022
IAM1000, Patent 1000, Recommended Individual 2021

Representative Cases:

Mr. Alciati prevailed as lead counsel for Steuben Foods, Inc. in a litigation spanning 10 years. The litigation resulted in a jury verdict in Steuben’s favor in which the jury found all six asserted claims infringed and not invalid and awarded the full amount of damages requested, $38 million.
Mr. Alciati prevailed as lead counsel for Fulfillium, Inc. in litigation in the United States District Court for the Central District of California against a medical device company and its private equity backer. The case settled favorable for Fulfillium just days before trial resulting in a seven figure settlement that equated to a 60 percent royalty on sales of the infringing devices.
Mr. Alciati prevailed as lead counsel for St. Croix Surgical Systems, Inc. in litigation in the United States District Court for the Northern District of California. Mr. Alciati obtained a successful Markman ruling on all disputed claim terms on behalf of the client. The case settled shortly thereafter on favorable terms for the client.

Representative Presentations and Publications:

“Your Patent Has Been Challenged in an IPR, What Now?” PTAB Masters 2023 (January 31, 2023)
“2022 Patent Year in Review.” Live and On-Demand CLE Video Webinar Series (January 25, 2023)
“Patentable Subject Matter: Seeking Certainty in Uncertain Times.” Live and On-Demand CLE Video Webinar Series ( October 25, 2022)
“Willful Infringement and Enhanced Damages: Litigation Takeaways in an Evolving Landscape.” Live and On-Demand CLE Video Webinar Series (August 24, 2022)
“Indirect Infringement and the Life Sciences: Recent Litigation Takeaways and Insights for Patent Drafting.” Live and On-Demand CLE Video Webinar Series (May 25, 2022)
“2021 in Review: Significant Updates to Copyright and Trademark Law and Practice.” Live and On-Demand CLE Video Webinar Series (April 19, 2022)
“In Possession of an Invention? Litigation Insights for Life Sciences Patent Drafting.” Live and On-Demand CLE Video Webinar Series (March 15, 2022)
“What’s a Reasonable Opinion for a Reasonable Royalty?” NERA Insights Webinar (February 20, 2020)