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Christian Samay Partner

A civil trial lawyer recognized by Chambers USA and Legal 500 and Special Counsel appointed by a Governor and Attorney General to defend statewide intellectual property claims, Christian Samay has helped businesses build, defend and enforce IP rights for two decades.  As the former General Counsel of a nationwide technology company and partner at some of the world's largest firms, Christian is a business litigator who understands the litigation risks and cost pressure that in-house lawyers and their clients face every day.

LOCATION

New York City

+1.212.588.0800

745 Fifth Avenue, 10th Floor,
New York, NY 10151

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  • Christian Samay is a trial lawyer litigating intellectual property and other business disputes, including expedited patent infringement proceedings at the International Trade Commission. As a litigator for almost 20 years and a former General Counsel of a New Jersey headquartered nationwide technology and telecommunications company, Christian is experienced in both leading and managing complex patent, copyright, trademark, trade secrets and restrictive covenant matters. He has prosecuted and defended cases for emergent injunctive relief across a broad range of industries, including life sciences, energy, aviation, fashion and apparel, food and beverage, sports, software and information technology, and consumer products. Throughout his career and across multiple jurisdictions, Christian has successfully first-chaired jury, bench and administrative trials for a wide array of clients including manufacturers, medical device companies, financial service companies, and technology clients. He has also served as lead, settlement and local counsel on high stakes Hatch-Waxman ANDA patent cases for some of the world’s largest pharmaceutical companies on products exceeding several billions of dollars a year in sales. Over the years, Christian has been recognized by Chambers for his expertise in IP and by Legal 500 for his accomplishments in trade secrets matters. Christian was identified as a “Rising Star” early in his career and over the last years as a “Super Lawyer” of intellectual property litigation. Christian’s expertise recently earned him appointment by a state Attorney General and Governor as Special Counsel for the state and approximately 20 state agencies in the defense of copyright and software contract claims. Having served as in house counsel, Christian also understands the importance of delivering pragmatic counseling and business solutions to his commercial clients, whether through litigation or other means. In addition to his litigation practice, Christian maintains an IP/IT counseling practice advising on IP policies and audits and negotiating deals relating to the purchase, license and use of software, hardware, networks, telecommunications, and enterprise solutions. Christian also enjoys counseling clients on best practices for the protection of trade secrets and the use of restrictive covenants.
  • Lead counsel for manufacturer and designer of protective cases for portable electronic devices in patent infringement enforcement actions. (ITC, Federal Circuit and US District for the Northern District of California, 2012-15)
  • Lead counsel defending claims of patent infringement by packaging company for consumer products. (US District Court for the District of Michigan, 2013-14)
  • Lead counsel defending claims of patent infringement by manufacturer of protective cases for portable electronic devices. (US District Court for the District of Colorado, 2012)
  • Lead counsel defending against claims of copyright infringement and breach of license agreement concerning allegations of over-deployment of rights to software and content from global trade and customs news aggregator. (2011-12)
  • Forensics and investigatory counsel for education testing company concerning misappropriation of trade secrets and database technology. (2012)
  • Lead counsel obtaining full recovery for world’s leading downstream marketer of fuel following TRO application to attach and restrain the sale of a 737 jet. (US District Court for the Eastern District of New York, 2010)
  • Lead counsel on dispute over copyright and trade secret protected aviation trip-planning and jet fuel supply software, resulting in monetary relief and permanent injunction against all defendants, following application for preliminary injunction and expedited discovery. (US District Court for the Western District of Texas, 2009-10)
  • Lead counsel to protect trade secrets relating to drug development, regulatory information, and launch plans for manufacturer of topical solution to treat psoriasis. (New York Supreme Court, Long Island, 2008-10)
  • Lead counsel to prevent misappropriation and use of trade secrets relating to drug development and protocols for manufacturer of dermatological cream for the treatment of rosacea, (New York Supreme Court, Bronx, 2008-10)
  • Successful first-chair prosecution of trademark, trade dress, and trade secret claims for frozen-confections business after application for preliminary injunction and expedited discovery relating to the sale of non-dairy frozen desserts. (US District Court for the Eastern District of New York, 2006-07)
  • Successful defense and resolution of putative nationwide consumer fraud class action over alleged defective CCD imagers in digital cameras. (US District Court for the District of New Jersey, 2006-07)
  • Prosecution of Hatch-Waxman ANDA patent litigation on drug for the treatment of acid reflux disease (Nexium). (US District Court for the District of New Jersey, 2006-07)
  • Prosecution of Hatch-Waxman ANDA patent litigation on antipsychotic drug (Seroquel). (US District Court for the District of New Jersey, 2006-07)
  • Lead counsel on prosecution of Hatch-Waxman ANDA patent infringement case in federal court In New Jersey over taste-masking particles for use with oral dosage forms, including desloratadine. (US District Court for the District of New Jersey, 2006-07)
  • Lead counsel on prosecution and successful stay of Hatch-Waxman ANDA patent infringement case for innovator of rapidly dissolving robust dosage forms for actives, including alprazolam. (US District Court for the District of New Jersey, 2006-07)
  • First-chair jury verdict for financial services company in defense of fraud-based claims relating to the sale of financial services products. (Pittsburgh, Pennsylvania 2006)
  • Successful first-chair resolution at trial of fraud-based claims relating to the sale of financial services products. (Pittsburgh, Pennsylvania 2006)
  • Summary judgment award in defense of fraud-based claims relating to the sale of financial services products. (Pittsburgh, Pennsylvania 2006)
  • First-chair defense and resolution of purported breach of exclusive distributorship agreement for the sale of automatic doors. (New Jersey Superior Court, 2005)
  • Successful first-chair resolution at trial over alleged exclusive agreement for manufacture of thermoform and blister packaging. (New Jersey Superior Court, 2005)
  • Defense of New Jersey hospital and resolution of purported breach of exclusive ambulance contract (US District Court for the District of New Jersey, 2004-05)
  • Successful prosecution of trademark infringement case after expedited discovery on a preliminary injunction over misuse of back pocket stitching as a trademark on premium jeans. (US District Court for the Southern District of New York, 2004-05)
  • Invalidated at patents-in-suit on summary judgment (upheld by Federal Circuit) that claimed a method for the disinfection of drinking water with ultraviolet light technology. (US District Court for the District of New Jersey, 2004-06)
  • Successful resolution as lead counsel for contract manufacturer in prosecution of trade libel suit resulting in monetary relief. (New Jersey Superior Court, 2004)
  • Successful defense of copyright infringement claims by designer relating to company’s dinnerware, china and mugs. (US District Court for the Southern District of New York, 2004)
  • Successful defense for contract manufacturer resulting in early dismissal of all claims alleging misappropriation of trade secrets and infringement of patents covering urea-based dermatological products. (US District Court for the District of New Jersey, 2003)
  • Successful defense and resolution of putative consumer fraud class action over the sale of flash memory devices. (California)
  • Successful defense as co-lead trial counsel on NASD (now FINRA) arbitration over claims of fraud in the sale of securities. (Massachusetts NASD)
  • Successful defense as second chair on NASD/FINRA arbitration over claims of fraud in the sale of securities. (Arizona NASD)
  • “Pleading Willful Patent Infringement: Is Glaxo an Absolute Bar to Claims in Hatch-Waxman ANDA Cases?” New Jersey Law Journal, Intellectual Property 8 Life Sciences, April 23, 2007
  • “What You Must Do Now to Protect Your Confidential Information: A New Jersey Court Erects a Roadblock to Enforcement of Non-compete Covenants,” Commerce Magazine, February 2004
  • “Judicial Activism Works the Constitution Out of Shape − Acton and its Atrophic Effect on the Fourth Amendment Rights of Student Athletes,” Sefon Journal of Sports Law, 1997
  • SuperLawyers® Metro Edition, 2016
  • Seton Hall University School of Law, (J.D., 1997)
  • La Sorbonne, (Certificat de Langue Francaise, 1992)
  • Bucknell University, (B.A., 1991)
  • Intellectual Property Enforcement
  • Intellectual Property Procurement and Strategy
  • Commercial , Business, and Shareholder Litigation and Strategic Counseling Services
  • International Trade Commission
  • Licensing and Transactions
  • U.S. Court of Appeals for the Federal Circuit, 2014
  • U.S. Court of International Trade, 2014
  • U.S. Court of Appeals for the Second Circuit, 2013
  • U.S. District Court for New Jersey, 1998
  • U.S. District Court for the Southern District of New York, 2003
  • U.S. District Court for the Eastern District of New York, 2006
  • U.S. District Court for the Northern District of New York, 2008
  • U.S. District Court for Colorado, 2012
  • U.S. District Court for the Western District of Michigan, 2014

+1.212.588.0800
csamay@haugpartners.com

RELATED SERVICES

  • Intellectual Property Enforcement
  • Intellectual Property Procurement and Strategy
  • Commercial , Business, and Shareholder Litigation and Strategic Counseling Services
  • International Trade Commission
  • Licensing and Transactions

BAR ADMISSIONS

  • U.S. Court of Appeals for the Federal Circuit, 2014
  • U.S. Court of International Trade, 2014
  • U.S. Court of Appeals for the Second Circuit, 2013
  • U.S. District Court for New Jersey, 1998
  • U.S. District Court for the Southern District of New York, 2003
  • U.S. District Court for the Eastern District of New York, 2006
  • U.S. District Court for the Northern District of New York, 2008
  • U.S. District Court for Colorado, 2012
  • U.S. District Court for the Western District of Michigan, 2014

Haug Partners LLP
745 Fifth Avenue, 10th Floor,
New York, NY 10151
+1.212.588.0800
haugpartners.com

Christian Samay

Partner

HIGHLIGHT

A civil trial lawyer recognized by Chambers USA and Legal 500 and Special Counsel appointed by a Governor and Attorney General to defend statewide intellectual property claims, Christian Samay has helped businesses build, defend and enforce IP rights for two decades.  As the former General Counsel of a nationwide technology company and partner at some of the world's largest firms, Christian is a business litigator who understands the litigation risks and cost pressure that in-house lawyers and their clients face every day.

OVERVIEW

Christian Samay is a trial lawyer litigating intellectual property and other business disputes, including expedited patent infringement proceedings at the International Trade Commission. As a litigator for almost 20 years and a former General Counsel of a New Jersey headquartered nationwide technology and telecommunications company, Christian is experienced in both leading and managing complex patent, copyright, trademark, trade secrets and restrictive covenant matters. He has prosecuted and defended cases for emergent injunctive relief across a broad range of industries, including life sciences, energy, aviation, fashion and apparel, food and beverage, sports, software and information technology, and consumer products. Throughout his career and across multiple jurisdictions, Christian has successfully first-chaired jury, bench and administrative trials for a wide array of clients including manufacturers, medical device companies, financial service companies, and technology clients. He has also served as lead, settlement and local counsel on high stakes Hatch-Waxman ANDA patent cases for some of the world’s largest pharmaceutical companies on products exceeding several billions of dollars a year in sales. Over the years, Christian has been recognized by Chambers for his expertise in IP and by Legal 500 for his accomplishments in trade secrets matters. Christian was identified as a “Rising Star” early in his career and over the last years as a “Super Lawyer” of intellectual property litigation. Christian’s expertise recently earned him appointment by a state Attorney General and Governor as Special Counsel for the state and approximately 20 state agencies in the defense of copyright and software contract claims. Having served as in house counsel, Christian also understands the importance of delivering pragmatic counseling and business solutions to his commercial clients, whether through litigation or other means. In addition to his litigation practice, Christian maintains an IP/IT counseling practice advising on IP policies and audits and negotiating deals relating to the purchase, license and use of software, hardware, networks, telecommunications, and enterprise solutions. Christian also enjoys counseling clients on best practices for the protection of trade secrets and the use of restrictive covenants.

REPRESENTATIVE EXPERIENCE

  • Lead counsel for manufacturer and designer of protective cases for portable electronic devices in patent infringement enforcement actions. (ITC, Federal Circuit and US District for the Northern District of California, 2012-15)
  • Lead counsel defending claims of patent infringement by packaging company for consumer products. (US District Court for the District of Michigan, 2013-14)
  • Lead counsel defending claims of patent infringement by manufacturer of protective cases for portable electronic devices. (US District Court for the District of Colorado, 2012)
  • Lead counsel defending against claims of copyright infringement and breach of license agreement concerning allegations of over-deployment of rights to software and content from global trade and customs news aggregator. (2011-12)
  • Forensics and investigatory counsel for education testing company concerning misappropriation of trade secrets and database technology. (2012)
  • Lead counsel obtaining full recovery for world’s leading downstream marketer of fuel following TRO application to attach and restrain the sale of a 737 jet. (US District Court for the Eastern District of New York, 2010)
  • Lead counsel on dispute over copyright and trade secret protected aviation trip-planning and jet fuel supply software, resulting in monetary relief and permanent injunction against all defendants, following application for preliminary injunction and expedited discovery. (US District Court for the Western District of Texas, 2009-10)
  • Lead counsel to protect trade secrets relating to drug development, regulatory information, and launch plans for manufacturer of topical solution to treat psoriasis. (New York Supreme Court, Long Island, 2008-10)
  • Lead counsel to prevent misappropriation and use of trade secrets relating to drug development and protocols for manufacturer of dermatological cream for the treatment of rosacea, (New York Supreme Court, Bronx, 2008-10)
  • Successful first-chair prosecution of trademark, trade dress, and trade secret claims for frozen-confections business after application for preliminary injunction and expedited discovery relating to the sale of non-dairy frozen desserts. (US District Court for the Eastern District of New York, 2006-07)
  • Successful defense and resolution of putative nationwide consumer fraud class action over alleged defective CCD imagers in digital cameras. (US District Court for the District of New Jersey, 2006-07)
  • Prosecution of Hatch-Waxman ANDA patent litigation on drug for the treatment of acid reflux disease (Nexium). (US District Court for the District of New Jersey, 2006-07)
  • Prosecution of Hatch-Waxman ANDA patent litigation on antipsychotic drug (Seroquel). (US District Court for the District of New Jersey, 2006-07)
  • Lead counsel on prosecution of Hatch-Waxman ANDA patent infringement case in federal court In New Jersey over taste-masking particles for use with oral dosage forms, including desloratadine. (US District Court for the District of New Jersey, 2006-07)
  • Lead counsel on prosecution and successful stay of Hatch-Waxman ANDA patent infringement case for innovator of rapidly dissolving robust dosage forms for actives, including alprazolam. (US District Court for the District of New Jersey, 2006-07)
  • First-chair jury verdict for financial services company in defense of fraud-based claims relating to the sale of financial services products. (Pittsburgh, Pennsylvania 2006)
  • Successful first-chair resolution at trial of fraud-based claims relating to the sale of financial services products. (Pittsburgh, Pennsylvania 2006)
  • Summary judgment award in defense of fraud-based claims relating to the sale of financial services products. (Pittsburgh, Pennsylvania 2006)
  • First-chair defense and resolution of purported breach of exclusive distributorship agreement for the sale of automatic doors. (New Jersey Superior Court, 2005)
  • Successful first-chair resolution at trial over alleged exclusive agreement for manufacture of thermoform and blister packaging. (New Jersey Superior Court, 2005)
  • Defense of New Jersey hospital and resolution of purported breach of exclusive ambulance contract (US District Court for the District of New Jersey, 2004-05)
  • Successful prosecution of trademark infringement case after expedited discovery on a preliminary injunction over misuse of back pocket stitching as a trademark on premium jeans. (US District Court for the Southern District of New York, 2004-05)
  • Invalidated at patents-in-suit on summary judgment (upheld by Federal Circuit) that claimed a method for the disinfection of drinking water with ultraviolet light technology. (US District Court for the District of New Jersey, 2004-06)
  • Successful resolution as lead counsel for contract manufacturer in prosecution of trade libel suit resulting in monetary relief. (New Jersey Superior Court, 2004)
  • Successful defense of copyright infringement claims by designer relating to company’s dinnerware, china and mugs. (US District Court for the Southern District of New York, 2004)
  • Successful defense for contract manufacturer resulting in early dismissal of all claims alleging misappropriation of trade secrets and infringement of patents covering urea-based dermatological products. (US District Court for the District of New Jersey, 2003)
  • Successful defense and resolution of putative consumer fraud class action over the sale of flash memory devices. (California)
  • Successful defense as co-lead trial counsel on NASD (now FINRA) arbitration over claims of fraud in the sale of securities. (Massachusetts NASD)
  • Successful defense as second chair on NASD/FINRA arbitration over claims of fraud in the sale of securities. (Arizona NASD)

PUBLICATIONS

  • “Pleading Willful Patent Infringement: Is Glaxo an Absolute Bar to Claims in Hatch-Waxman ANDA Cases?” New Jersey Law Journal, Intellectual Property 8 Life Sciences, April 23, 2007
  • “What You Must Do Now to Protect Your Confidential Information: A New Jersey Court Erects a Roadblock to Enforcement of Non-compete Covenants,” Commerce Magazine, February 2004
  • “Judicial Activism Works the Constitution Out of Shape − Acton and its Atrophic Effect on the Fourth Amendment Rights of Student Athletes,” Sefon Journal of Sports Law, 1997

AWARDS

  • SuperLawyers® Metro Edition, 2016

EDUCATION

  • Seton Hall University School of Law, (J.D., 1997)
  • La Sorbonne, (Certificat de Langue Francaise, 1992)
  • Bucknell University, (B.A., 1991)

BAR ADMISSIONS

  • U.S. Court of Appeals for the Federal Circuit, 2014
  • U.S. Court of International Trade, 2014
  • U.S. Court of Appeals for the Second Circuit, 2013
  • U.S. District Court for New Jersey, 1998
  • U.S. District Court for the Southern District of New York, 2003
  • U.S. District Court for the Eastern District of New York, 2006
  • U.S. District Court for the Northern District of New York, 2008
  • U.S. District Court for Colorado, 2012
  • U.S. District Court for the Western District of Michigan, 2014