Sharon R. Smith

Partner

Focusing her practice on complex trials, commercial litigation, intellectual property (IP), and advertising issues, Sharon R. Smith has represented clients in numerous complex matters. With much of her practice involving complex trials and business and IP litigation, Sharon’s work also includes business torts, unfair business practices, trade secrets, fraud, defamation, and breach of contract. Sharon counsels clients on matters involving trademarks, privacy, trade dress, trade secrets, domain names, copyrights, advertising, unfair competition, and rights of publicity as well as focusing her practice on trademark and copyright prosecution and strategy.

Extended Profile

In the biotechnology, medical device, and technology industries, Sharon represents clients in high-stakes contested matters including 19 trials and arbitrations to verdict or result. Sharon also represents clients in these industries in prosecuting, enforcing, and minimizing risk related to intellectual property and trade secret matters.

As a key part of the Morgan Lewis team during a three-month jury trial, Sharon helped obtain a $577 million jury verdict for Asahi Kasei Pharma Corp. At the time, it was the second-largest jury verdict in the United States for 2011.

Beyond federal and state litigation, Sharon’s practice involves strategic intellectual property advice including prosecution, brand strategies and transactions, enforcement programs, Trademark Trial and Appeal Board cases and domain name proceedings. Sharon also advises clients regarding advertising and promotional programs including comparative advertising, contests, and sweepstakes.

selected representations

Successful prosecution of trade dress claims for fashion client following trial;
Successful defense of trade dress claims involving fashion product following trial;
Successful defense of claims for more than $50M against a medical device maker following arbitration;
Successful defense of artists by LiveNation Merchandise, Inc., in claim for breach of a license agreement including a pursuit of counterclaims for copyright and trademark infringement;
Successful defense of claim by Business Software Alliance (BSA) against a major technology client;
Successful prosecution of claims for pharmaceutical company in an arbitration in 2009, in favor of our client for $91 million;
Successful defense verdict in 2005 on motion for dismissal during trial for client in case involving a $450 million claim for misappropriation of corporate opportunity, among other claims;
Successful defense of leading direct marketing company in multi-million dollar case alleging copyright infringement, trade dress infringement, and false advertising claims;
Successful jury verdict in trade dress infringement claim involving consumer publication;
Successful grant of summary judgment in favor of client against trademark infringement claim;
Successful grant of motion to dismiss in favor of client against Digital Millennium Copyright Act (DMCA), fraud, unfair business practices, and tortious interference claims;
Successful defense of a defamation claim based on a novel Communications Decency Act defense; and
Successful prosecution of numerous ICANN proceedings on behalf of major technology clients for transfers of domain names.