Lee Carl Bromberg is a trial and appellate attorney concentrating in intellectual property and information technology. He has successfully handled many patent infringement actions, as well as trademark, copyright, trade secret and unfair competition cases in high technology areas.
Lee has tried cases in courts throughout the United States and has had extensive experience in presenting complex technical and scientific subject matter to courts and to juries. He has built a strong record of wins for his clients in pharmaceuticals, medical devices, life sciences, power systems, software and electronics. In a medical device case, for example, Lee secured a jury verdict denying any recovery on a claim for over $30 million in patent infringement damages. In a pharmaceutical case he teamed with a New York firm to obtain a jury verdict of $65 million, the largest verdict of the year in Massachusetts. Lee also obtained a verdict of infringement for Abbott Laboratories which upheld a multi-year licensing program for patents directed to immunochemical diagnostic devices. He also obtained a technology license arbitration award over $11 million, including attorney fees, on behalf of an R & D lab for ground-breaking medical treatment technology. In the areas of power systems, electronics and software, he has won a $25 million dollar judgment for willful patent infringement in a case involving electro-magnetic motors, won a verdict of infringement and a multimillion dollar settlement in a subsequent case, won summary judgment of non-infringement for a maker of power converters, which foreclosed a multimillion dollar damages claim, defeated a multimillion dollar claim based on speech recognition software patents, and secured enforcement of an extensive licensing program for CAD/CAM software. Lee also won a jury verdict of non-infringement in plaintiff-friendly Marshall, Texas, defeating a $26.5 million claim based on a software patent for automated real estate valuation. In many cases, he has upheld his trial victory in the appeals court.
Lee has been named a World’s Leading Patent Litigator by IAM Patent Litigation 250, and is listed in Band 1 of Chambers USA from 2007–2019. Seasoned litigator Lee Bromberg has “a strong reputation” in the Boston IP community, handling patent, trademark and trade dress disputes for clients in a wide range of industries. Peers say he “is very experienced, and uses that experience to his advantage.” Chambers sources describe Lee Bromberg as “one of the best and brightest in Boston – and he has been for years.” Peers also add: “He is a great lawyer and a first-class guy.” He has had signal success in recent years litigating in the trademark arena, in particular regarding the eligibility of color marks for registration.
He is listed among The World’s Leading Trademark Professionals 2014-2019 by World Trademark Review. He has been named among the top 100 lawyers in Massachusetts, listed in The Best Lawyers in America for intellectual property and patent litigation since 2006, and named in Massachusetts Super Lawyers in the field of intellectual property through 2018. He has also been named the Best Lawyers 2016 and 2017 Boston “Lawyer of the Year” for Litigation – Intellectual Property. He has received one of the highest peer review ratings from Martindale Hubbell, based on a survey of other lawyers and judges.
His patent infringement practice on behalf of numerous national companies has involved a wide array of technologies, including pharmaceuticals, biotechnology, recombinant DNA, immunochemistry, high speed chromatography, electrochemical biosensors, polymer plastics, intravenous valves and equipment, surgical techniques, diagnostic devices, voice recognition software, CAD/CAM software, web site operating software, telephone circuitry and call-routing systems, image processing systems, electric motors, circuits, motor drives, electronic appliances and devices, mechanical compression packing and road marking devices. Lee has served as a court-appointed discovery master in patent litigation. He has also testified as an expert witness on patent litigation and on trademark law and practice. He led the Task Force that obtained implementation of local patent rules in the Massachusetts federal court.
Lee has represented nationally known companies in trademark and trade dress cases and has assisted a number of clients in copyright and trade secret misappropriation disputes. For example, he successfully defended the famous Red Sole Mark of Christian Louboutin in the Second Circuit. In a Lanham Act false advertising case involving musical instruments, he won a jury verdict of $20.7 million, described as “the largest financial judgment in music industry history” by Music Trades Magazine. He has represented Harvard University in a series of trademark cases and in disputes over domain names. Lee’s practice also includes client counseling, negotiation and alternative dispute resolution in intellectual property matters and complex commercial matters.
Lee has previously served as a Special Assistant Attorney General to the Massachusetts Attorney General on civil rights cases in the courts. He has also previously served as Clinical Associate Professor of Law at Boston University School of Law.
Lee has been a Trustee, Massachusetts Continuing Legal Education, Inc., former President, Boston Patent Law Association, Board Member of the Ford Hall Forum, Vice President of the Board of Boston Baroque and former President and Board Member of All Newton Music School, Inc. He has held leadership positions in national, regional and specialty bar associations. Lee currently serves on the Programme Committee of the American Intellectual Property Law Association and a Fellow of the Boston Bar Foundation.