Patent litigation attorney
Abbott B. Lipsky, Jr.
1 tracked appearance — 0 plaintiff · 1 defendant.
Specialty & background
I'll research this attorney's background before drafting.
Let me verify the tracked case and his current professional status.
One more check on his current professional affiliations.
Abbott B. Lipsky, Jr. ("Tad") is, by training and career, an antitrust and competition lawyer rather than a patent litigator. His publicly documented practice centers on monopolization, merger review, cartel defense, and the intersection of antitrust with intellectual property licensing — including the DOJ Antitrust Division's repudiation of the per se "Nine No-No's" approach to IP licensing during his 1981–83 tenure as Deputy Assistant Attorney General, and commentary on FTC v. Actavis patent-settlement issues. The single tracked patent case, Intellectual Ventures I LLC v. Capital One Financial Corp., fits that profile: the technology at issue was financial-services/online-banking software, and the matter is best known for the antitrust counterclaims rather than for patent merits advocacy. He has worked across aviation, computer software, ocean shipping, pharmaceuticals, tobacco, and beverages, but the record does not show a Wi-Fi/standards-essential-patent or mechanical-patent practice.
Side. His tracked appearances are 0 plaintiff / 1 defendant, and that matches the broader record: he has consistently represented operating companies (Coca-Cola as in-house chief global antitrust counsel, Brown & Williamson, Capital One, airlines in the Air Cargo price-fixing MDL) rather than asserting patents for NPEs/PAEs. There is no evidence of plaintiff-side patent assertion work.
Firm context. He was a partner in the Washington, D.C. office of Latham & Watkins from 2002 until his retirement from the partnership in February 2017 (the tracked appearance is attributed to that firm). Before Latham he was chief global antitrust lawyer for The Coca-Cola Company (1992–2002), and before that practiced at a Washington, D.C. firm after leaving government. Since fall 2017 he has been Assistant Professor at George Mason University's Antonin Scalia Law School and Director of the Competition Advocacy Program at its Global Antitrust Institute. He also served briefly as Acting Director of the FTC's Bureau of Competition (March–July 2017).
Notable matter. In Intellectual Ventures I v. Capital One (D. Md. No. 8:14-cv-00111), Capital One defeated IV's patent infringement claims on § 101 eligibility and preclusion grounds, affirmed at 850 F.3d 1332 (Fed. Cir. 2017); Capital One's antitrust counterclaims against IV were dismissed on summary judgment and the dismissal was affirmed on collateral-estoppel grounds at 937 F.3d 1359 (Fed. Cir. 2019). Public filings place Latham on Capital One's defense team, and the antitrust theory of the case is the part most consistent with Lipsky's practice; the sources I located do not specifically document which claims he personally handled. Elsewhere he supervised the government's Supreme Court advocacy in NCAA v. Board of Regents, Jefferson Parish v. Hyde, Monsanto v. Spray-Rite, and Associated General Contractors, and represented Brown & Williamson in Brooke Group v. Brown & Williamson.
PTAB/IPR. No IPR, PGR, or other PTAB proceedings for him are evident in the searchable record; his adversarial patent work, to the extent it exists, appears to be in district court and at the Federal Circuit, not before the Board.
Bar/education. J.D. and M.A. in Economics, Stanford (1976); A.B. in Physics, Amherst (1971). Member of the District of Columbia bar (admitted 1979; inactive California bar member); admitted before the U.S. Supreme Court and various federal appellate courts.
Sourcing note: background and credentials are corroborated by the DOJ Antitrust Division archive bio, Latham & Watkins/ABA-section bios, and George Mason Scalia Law faculty pages; the description of his involvement in the Capital One matter is inferred from firm representation and case subject matter, since I could not locate a source naming him individually in that docket.
Firms
Roles
- counsel1
Cases (1)
- Δ defendantIntellectual Ventures I LLC v. Capital One Financial CorporationLatham & Watkins · counsel