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".
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
Harvard Law School, Cambridge, Massachusetts,
1978 J.D., Doctor of Jurisprudence Honors: cum laudeHarvard College, Cambridge, Massachusetts,
1975 A.B., Bachelor of Arts Honors: magna cum laude
Honors: Phi Beta Kappa
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
American Bar Association, Member, Sections on Antitrust Law Communications Law, Corporation Banking and Business LawAmerican Bar Association Member, Section on LitigationNew York County Lawyers Association Member
Birth Information:
1953, New York, New York, United States of America