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Biography

Ms. Stein is an IP litigator who focuses her practice on intellectual property disputes in the patent, trade secret, trademark, and copyright areas.

Ms. Stein has extensive experience litigating a broad variety of patent infringement and other matters in both the pharmaceutical and life science areas and in the non-pharma area, including related to sensor devices, GPS devices, gaming, hand-held devices, and packaging. Ms. Stein has litigated many issues relevant to U.S. reissue patent litigation, including the original patent requirement, recapture rule, and prior user rights.

In the trade secret area, Ms. Stein has repeatedly secured emergent relief to protect trade secrets under the Defend Trade Secrets Act and other state laws on behalf of trade secret owners. She is also currently representing many defendants accused of misappropriating alleged trade secrets under the Defend Trade Secrets Act and New York, New Jersey, and Pennsylvania law.

In the trademark and copyright areas, Ms. Stein recently secured emergent relief to stop the willful infringement of a client’s registered trademark. She has represented both trademark and copyright owners in infringement cases and defended individuals and entities accused of trademark and/or copyright infringement. Ms. Stein has appeared before federal and state courts throughout the United States, including New York, New Jersey, Delaware, Massachusetts, California, Florida, Texas, District of Columbia, Illinois, and Nebraska, and before the Court of Appeals for the D.C. and Federal Circuits.

Ms. Stein is an active member of the intellectual property and federal litigation bars. Now serving as President-Elect of the Federal Bar Association’s (FBA) S.D.N.Y. chapter, from 2015-2019 she served as editor of the S.D.N.Y. chapter newsletter, The New York Minutes. She has also served as editor of the FBA IP Law Section publication The IP Legal Browser. Ms. Stein currently serves on the Sedona Conference Working Group 12 – Trade Secrets and is an adjunct professor at Fordham University School of Law, where she teaches “Litigation Management for the International Lawyer,” a course focused on representing foreign entities in U.S. court litigation.

Other Info About Wendy

Experience

Legal Work Highlights

Patent Infringement

Representing the plaintiff in action for infringement of a patent directed to systems and methods for identifying vaping and bullying

Defended a major pharmaceutical company from the assertion of a U.S. reissue patent in Delaware district court

Defended a major packaging company from the assertion of a patent and claim of false patent marking in Illinois district court and the Court of Appeals for the Federal Circuit

Represented the plaintiff in asserting a U.S. reissue patent against competitors in the GPS device industry in Texas district court

Defended a company against the assertion of GPS patents in federal district courts in California and Florida

Represented the plaintiff in case against a national stock exchange in federal district court in New York

Trade Secret Misappropriation and Trademark Infringement/Counterfeiting

Representing the plaintiff trademark owner in action for cybersquatting and willful trademark infringement

Defending individuals accused of misappropriation of trade secrets under the Defend Trade Secrets Act and New York, New Jersey, and Pennsylvania law

Member of trial team in case brought on behalf of a trade secret owner in New York district court; Second Circuit affirmed jury verdict for trade secret misappropriation and permanent injunction against future trade secret misappropriation

Secured temporary restraining order on behalf of trade secret owner in case alleging misappropriation of trade secrets under the Defend Trade Secrets Act

Represented a trade secret owner in case against former employees and new company set up by former employees for trade secret misappropriation in Illinois district court

Secured emergent relief on behalf of brand owner in case alleging trademark counterfeiting in New York district court

Defended accused infringers in case alleging sale of counterfeit goods in New York district court

Defended financial advisor in case alleging trademark infringement in New Jersey district court while litigating simultaneous proceeding in the U.S. Trademark Trial and Appeal Board (TTAB)

Defended company from allegations that company name infringed trademark rights in Massachusetts district court

Defended trademark applicant in TTAB opposition proceeding brought by major sports team

Education

Fordham University School of Law|Yale School of Public Health|Brandeis University


J.D.|M.P.H.|B.A., magna cum laude


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Courts

Wendy is admitted to practice before the following court(s):

State of New York|State of New Jersey|United States Court of Appeals for the Federal Circuit|United States District Court for the Southern District of New York|United States District Court for the Eastern District of New York|United States District Court for the Northern District of New York|United States District Court for the District of New Jersey


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Recognition

Local & National Recognition

Selected to the New Jersey Super Lawyers Rising Stars list, Intellectual Property Litigation

Professional Affiliations

Professional Affiliations & Memberships

Federal Bar Association
Federal Litigation Section
Editor of New York Minutes, Newsletter of the FBA’s S.D.N.Y. Chapter, 2015-2019

Intellectual Property Law Section
Editor of The IP Legal Browser, Publication of the FBA’s IP Law Section, 2019

New York Intellectual Property Law Association

New York City Bar Association

Sedona Conference Working Group 12 – Trade Secrets

Fordham University School of Law
Adjunct Professor