Lewis R. Clayton
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Lewis R. Clayton
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Lewis R. Clayton
Firm: Paul, Weiss, Rifkind, Wharton & Garrison LLP
Address: 1285 Avenue of the Americas
New York, NY 10019-6064
Map & Directions
Phone: (212) 373-3215
Fax: (212) 492-0215
E-mail: Contact Us
Web site: http://www.paulweiss.com

Position Areas of Practice Bar Admissions
Education Published Works Affiliations
Lawyer Profile:

Lewis R. Clayton concentrates on intellectual property litigation and counseling at Paul, Weiss, Rifkind, Wharton & Garrison LLP, where he has been a partner since 1986. He has been chair and co-chair of the Committee on Intellectual Property of the Commercial and Federal Litigation Section of the New York State Bar Association and is co-chair of the Paul, Weiss Intellectual Property Litigation Group. He writes regular columns on intellectual property litigation for the New York Law Journal and the National Law Journal.

He has handled major litigations and counseled clients in a broad range of patent, copyright, trademark and unfair competition matters. He has handled major patent litigations, both as plaintiff and defendant, concerning patents in the cosmetics, computer and medical devices industries (among others), including successful enforcement of Revlon's patent on its revolutionary ColorStay lipstick. He has represented Castrol, Inc., a major marketer of motor oil, in five advertising litigations, winning federal court injunctions against the continued broadcast of competitors' nationwide advertising campaigns. He has handled major trademark litigations for Unilever, Revlon and other significant trademark holders. In 2001, he successfully represented Unilever in a groundbreaking trade secret dispute with Procter & Gamble. He recently represented CBS in copyright litigation concerning CBS's reality television program "Survivor".

Current Employment Position(s):
Partner

Year Joined Organization:
1978
Areas of Practice:
Intellectual Property
Litigation
Bar Admissions:
New York, 1979
U.S. Court of Appeals 5th Circuit, 1980
U.S. Court of Appeals 10th Circuit, 1980
U.S. Court of Appeals 11th Circuit, 1981
U.S. Court of Appeals 7th Circuit, 1986
U.S. Court of Appeals Federal Circuit, 1987
U.S. District Court Southern District of New York, 1979
U.S. District Court Eastern District of New York, 1979
U.S. Tax Court, 1984
U.S. Court of Federal Claims
U.S. Court of International Trade
U.S. Court of Appeals 2nd Circuit
U.S. Court of Appeals 3rd Circuit
U.S. Court of Appeals District of Columbia Circuit
Education:
Harvard Law School, Cambridge, Massachusetts, 1978
J.D., Doctor of Jurisprudence
Honors: cum laude

Harvard College, Cambridge, Massachusetts, 1975
A.B., Bachelor of Arts
Honors: magna cum laude
Honors: Phi Beta Kappa

Published Works:
Intellectual Property Law: Standard-Setting Groups, February 9, 2009

Intellectual Property Litigation: Is East Texas the Patent-Suit Capital? Venue-Rule Law Sent to Congress, January 14, 2009

Intellectual Property Law: ‘Harry Potter Lexicon’, November 10, 2008

Intellectual Property Litigation: ‘Bilski’: Obtaining Business Method Patents Gets Harder, November 7, 2008

Delaware Chancery Orders Hexion to Fulfill Its Deal Obligations; Addresses Reverse Termination Fee Provision and MAE, October 2, 2008

Intellectual Property Litigation: New RS-DVR System: Not a Direct Violation of Copyrights, September 10, 2008

Lew Clayton Publishes Intellectual Property Litigation Column, August 11, 2008

District Court Holds That eBay is Not Liable for the Sale of Counterfeit Tiffany Jewelry on its Auction Website, July 17, 2008

Intellectual Property Litigation: ‘Quanta’: Supreme Court Endorses Exhaustion Doctrine, June 12, 2008

Patent Law: 'A Reasonable Royalty', May 19, 2008

Intellectual Property Litigation: Struggles in Claim Construction to Verify Vague Patents, March 20, 2008

Trademark Law: Protection for Parodies, February 11, 2008

Intellectual Property Litigation: ‘Ornamental Nail Buffer’ Begets Design Patent Issues, January 16, 2008

Patent Law: Two Patentability Rulings, November 12, 2007

Intellectual Property Litigation: Plans Made to Deal With User-Generated Web Content, November 2, 2007

Intellectual Property Litigation: ‘Seagate’s’ Objective Standard - ‘State of Mind’ Irrelevant, September 6, 2007

Patent Law: Impact of 'MedImmune', August 13, 2007

Intellectual Property Litigation: Restricting Intangible IP Exports: Congress Left as Judge, June 14, 2007

Patent Law: High Court’s ‘KSR’ Ruling, May 14, 2007

Intellectual Property Litigation: Cross-Border Disputes: 'Microsoft,' 'Voda,' Others, March 8, 2007

Patent Law: 'MedImmune' Ruling, February 19, 2007

Intellectual Property Litigation: Strengthening the Hand of Accused Patent Infringer, January 17, 2007

Intellectual Property Litigation: On Disclosing Patent Positions, Standard-Setting Process, November 30, 2006

Intellectual Property Litigation: The Dilution Revision, November 6, 2006

Intellectual Property Litigation: Attempts to Create Exceptions to 'Florida Prepaid' Rejected, August 31, 2006

Patent Law: KSR Int'l v. Teleflex, July 26, 2006

Intellectual Property Litigation: Advice-of-Counsel Defense, June 21, 2006

Patent Law: 'eBay v. MercExchange', April 17, 2006

Intellectual Property Litigation: Plaintiff Needs Proof of Defendant's Market Power in Tying Product, April 12, 2006

Intellectual Property Litigation: Plaintiff Needs Proof of Defendant's Market Power in Tying Product, Feb. 15, 2006

Patent Law: 'Lundgren' and Limits, December 19, 2005

Third Circuit Announces New Test to Analyze Certain Fair Uses, November 17, 2005

Trademark Law: Extraterritorial Reach, September 26, 2005

Intellectual Property Litigation: 'Phillips' Clarifies Claim Construction Law, but No Revolution Yet, August 31, 2005

Intellectual Property Litigation: 'Purdue Pharma' Inequitable Conduct Invalidating Drug Patent, July 1, 2005

The Merger Doctrine, June 6, 2005

Some Calls for 'Reform' of the Patent System, April 15, 2005

Intellectual Property Litigation: Patents: 'Market Power' or Controlling Price, Ousting Competition, Feb. 24, 2005

Patent Law: Waiver of Privilege, Feb. 21, 2005

Adverse Inference Rule Better Defined in 'Knorr-Bremse v. Dana', Nov. 17, 2004

Intellectual Property Litigation: ISPs, Drawn to Scale, Domain Names, Composite Products, August 18, 2004

Copyright Law: Web Site Operators, August 2, 2004

Intellectual Property Litigation - Doctrine of Equivalents, Drug Name Confusion, Privilege, June 21, 2004

Intellectual Property Litigation - Unprotected Data, Misstatements to Patent Office, Fair Use, April 27, 2004

Patent Law: Inadequate Descriptions, April 5, 2004

Do Contextual Internet Ads Violate Copyright or Trademark Laws?, Feb. 24, 2004

The Latest 'Festo' Ruling, Dec. 22, 2003

FTC Report: 'The Proper Balance of Competition, Patent Law', Nov. 18, 2003

'Tufenkian Import/Export Ventures': On 'Inexact' Copies of a Work, August 18, 2003

The 'Aimster' Decision, August 4, 2003

Vague Claim Construction Rules, June 25, 2003

Clickwraps, Copyright Pre-emption and Misuse, May 15, 2003

'Cybergriping': Ripping a Firm on a WebSite Created Just for That, April 23, 2003

The 'Moseley' Decision, April 7, 2003

'Eldred’: 20-Year Extension of Copyright Terms, Ongoing Debate, Feb. 25, 2003

Copyright Law: Computer Programs, Dec. 16, 2002

On Hummer and Jeep Wrangler Grilles and Recent Case Law, Nov. 27, 2002

On Hummer and Jeep Wrangler Grilles and Recent Case Law, Aug. 29, 2002

Supreme Court Initiates Reviews of Federal Circuit Patent Cases, June 27, 2002

Clickwrap Agreements, May 13, 2002

Recent Case Law and the 'Doctrine of Equivalents', April 15, 2002

The Balance Between Antitrust and Intelllectual Property Law, Jan. 29, 2002

Roundup of Major 2001 Decisions, Jan. 21, 2002

Doubt of The Benefit: A win for pension-worried carpenters shows why Paul, Weiss litigators rule that firm's roost, Jan. 3, 2002

'Yahoo': A French Court Order's Power in the U.S., Nov. 30, 2001

Copyright Law - The DMCA Report, Oct. 15, 2001

Judiciary Debates Software That Monitors Employee Internet Access, Aug. 29, 2001

Judges as Critics, July 16, 2001

U.S. Supreme Court to Rule on Patent Doctrine of Equivalents, June 29, 2001

Benchmarks: In "Gone With The Wind" Case, Court Didn't Give A Damn About Parody Defense, June 1, 2001

IP Law: From Civil to Criminal, May 14, 2001

IP Law: A Key 'Dilution' Ruling, April 9, 2001

Benchmarks: The Net Does Not Change Everything, Dec. 1, 2000

Benchmarks: Studios Prevail In First Round of DVD Lawsuits, Oct. 1, 2000

Benchmarks: Pay the Piper: Online, August 1, 2000

Benchmarks: Supreme Court Narrows Product Design Protection, June 1, 2000

Benchmarks: Fair Use on the Net, April 1, 2000

Benchmarks: Bringing Submarine Patents to the Surface, Feb. 1, 2000

Professional Associations and Memberships:
American Bar Association, Member, Sections on Antitrust Law
Communications Law, Corporation Banking and Business Law

American Bar Association
Member, Section on Litigation

New York County Lawyers Association
Member

Birth Information:
1953, New York, New York, United States of America
West Practice Categories:
Intellectual Property Law, Litigation & Appeals
Profile Last Updated:
9/7/2009

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