Dawn Rudenko Albert

Intellectual Property

Partner
1633 Broadway New York, New York 10019-6708
T: (212) 277-6715 albertd@dicksteinshapiro.com

Biography

Dawn Rudenko Albert is a partner in the firm’s Intellectual Property Practice, with a focus on litigation and strategic counseling. Dawn’s practice covers a wide range of intellectual property areas, including patents, trademarks, trade secrets, and copyrights. She has represented clients at bench and jury trials as well as on appeal before the Second and Federal Circuits.

Dawn’s practice also involves intellectual property due diligence in an M&A context, licensing in transactional and litigation contexts, as well as counseling clients in the protection, valuation, and commercialization of their intellectual property.

Dawn has litigated patents in the fields of computer software and hardware, medical devices, pharmaceuticals, telecommunications, and chemical products. Dawn also has an expansive client base in the areas of textile and apparel, media and entertainment, design, telecommunications, Web 2.0, software and hardware, healthcare, and financial services industries. Dawn’s practice incorporates her experience with her clients’ business needs, goals, and culture.

AREAS OF CONCENTRATION

Dawn’s patent practice concentration is in the areas of patent litigation in computer science, telecommunications, Web 2.0, software, and hardware. Dawn also leads the firm’s domestic and international trademark practice, which includes prosecution, litigation and world-wide branding strategies.

PROFESSIONAL ACTIVITIES

Dawn is a member of the New York City, County, and State Bar Associations, Intellectual Property Section, as well as the New York Intellectual Property Law Association.

Dawn also devotes a significant part of her practice to pro bono counseling and litigation, with a focus toward civil and children’s rights and protection.

She is co-chair of the firm’s Litigation Steering/eDiscovery Committee and a member of the Quality Assurance Committee.

OUTSIDE THE FIRM

Dawn is an avid snow skier, paddle boarder, and horse back rider, but she most enjoys spending her downtime with her husband and three daughters.

Full Biography

Experience

  • I/P Engine Inc., v. Google, AOL, Target, et al.

    Represented Vringo, in its wholly-owned subsidiary I/P Engine, Inc.'s patent infringement case against AOL, Inc., Google, Inc., IAC Search & Media, Inc., Gannett Company, Inc., and Target Corporation. After a two-week trial, the jury found the patents valid and infringed, awarding more than $30 million in past damages.

    Jurisdiction: U.S. District Court for the Eastern District of Virginia

  • Rowe International Corp. v. Ecast Inc.

    Represented Rowe International in a patent infringement action against Ecast relating to computer jukeboxes and computer jukebox networks that manage and distribute digital music to multiple jukeboxes. Days before trial was to begin, the case was settled favorably for the firm’s client.

    Jurisdiction: U.S. District Court for the Northern District of Illinois

  • Merit Industries v. JVL Corp.

    Represented Merit Industries in patent infringement litigation against competitor JVL relating to countertop video game technology. After a two-week trial, jury found infringement, including willful infringement. The case favorably settled soon thereafter, and the clients’ competitor later exited the business.

    Jurisdiction: U.S. District Court for the Eastern District of Pennsylvania

  • Avid Identification Systems, Inc. v. Phillips Semiconductor Inc., et al.

    Represented defendants Datamars, Inc. and Crystal Import Corp. against patent infringement claims relating to electronic radio frequency identification systems or RFIDs (readers and tag/transponders) and related technologies used to identify animals or inanimate objects. Patents held unenforceable due to inequitable conduct.

    Jurisdiction: U.S. District Court for Eastern District of Texas

  • EBS Dealing Resources, Inc. v. Intercontinental Exchange, Inc.

    Represented EBS in patent infringement litigation against primary competitor relating to computerized trading methods for trading of financial instruments. The case settled favorably for our client after a successful claim construction ruling.

    Jurisdiction: U.S. District Court for the Southern District New York

  • Pactiv Corp. v. The Dow Chemical Co.

    Represented Dow against declaratory action of non-infringement and invalidity relating to patents. Without filing a response, Dow moved to dismiss the case on the grounds of res judicata and claim preclusion. The district court dismissed the case with prejudice; the Federal Circuit affirmed.

  • Chemtex Print USA, Inc. v. Planet Gold Clothing Co.

    Represented Planet Gold Clothing in this copyright infringement litigation relating to fashion designs. The case settled on terms favorable to the client.

    Jurisdiction: U.S. District Court for the Central District of California

  • LA Printex Industries, Inc. v. Rite Aid Co., et al.

    Represented Big M, Inc.; Macy’s, Inc.; The TJX Company; Rainbow USA, Inc.; Kohl’s Corp.; Cato Corp.; and Planet Gold Clothing Co. against copyright infringement claims relating to fashion designs. Settled with regard to our clients prior to discovery.

    Jurisdiction: U.S. District Court for the Central District of California

  • Fischer v. Time Out New York

    Represented Mr. Fischer against TONY for copyright infringement of his renowned photograph of Muhammad Ali as St. Sebastian. The case settled after mediation.

    Jurisdiction: U.S. District Court for the Southern District New York

  • Samsung Electronics American, Inc. v. Broadway Photo LLC

    Represented Samsung Electronics in a trademark infringement, false advertising, unfair competition, false designation of origin under Lanham Act, 15 U.S.C. § 1051, et seq., deceptive trade practices under NY Gen Bus Law § 349, false advertising under NY Gen Bus Law §§ 350-350-e, and tortious interference with contracts. Allegations related to grey market goods. The case settled on terms favorable for the client.

    Jurisdiction: U.S. District Court for the Southern District New York

View all Experience

News and Views

View all News and Views

Bar Admissions

U.S. District Court for the Southern District of New York
Connecticut
Massachusetts
U.S. District Court for the Eastern District of New York
U.S. Court of Federal Claims
U.S. Court of Appeals for the Federal Circuit
New York