Patent litigation attorney

Marc E. Kasowitz

1 tracked appearance — 0 plaintiff · 1 defendant.

Specialty & background

I'll research Marc E. Kasowitz's professional background and patent litigation practice.

Let me verify the Fintiv case details and the attorney's involvement.

Let me verify the firm name, the Federal Circuit outcome, and Kasowitz's PTAB appearances.

Marc E. Kasowitz — patent litigation summary

Specialty / focus. Kasowitz is a generalist complex-commercial trial lawyer, not a patent specialist. Firm and press profiles describe him as national trial counsel across antitrust, securities, banking, mass tort, corporate governance, fraudulent conveyance, RICO, environmental and breach-of-contract matters, with patent listed among those areas rather than as a core discipline. The one tracked patent matter—the Fintiv dispute—involves mobile payments and digital-wallet software (Apple Pay and Apple Wallet). Kasowitz's firm has recently been retained as IP/litigation counsel for technology and life-sciences clients (Datavault AI's AI/data-monetization portfolio; Scilex's non-opioid pharmaceutical assets), but these are newer engagements and Kasowitz's own IP docket is thin compared with the firm's dedicated IP group, which handles software, telecommunications, medical-device and pharmaceutical patent cases.

Side preference. The tracked data show one appearance, on the defendant side. That warrants nuance: in the underlying dispute, Fintiv was the patent owner asserting a mobile-wallet patent against Apple in the Western District of Texas, while its "defendant" posture in the tracked matter (Apple Inc. v. Fintiv, Inc.) reflects the PTAB/Court caption on Apple's challenge. So Kasowitz's patent-side role here was supporting a patent holder against a major operating company, which sits somewhat apart from his broader book of defense-side corporate work. There is no tracked record of him representing NPEs/PAEs at scale, and one appearance is too thin a basis to infer a broader side preference.

Firm context. Kasowitz is the founding and managing partner of the firm he co-founded in 1993, known until June 25, 2025 as Kasowitz Benson Torres LLP and now as Kasowitz LLP. He came to the firm from Mayer, Brown & Platt (from 1988) and, before that, Rosenman; his pre-firm practice centered on product-liability and tobacco litigation rather than patents. No prior-firm patent-litigation history is documented; the substantive patent/PTAB advocacy in the Fintiv matter was carried by the firm's IP group (Jonathan K. Waldrop and colleagues, with Kasowitz listed as lead counsel).

Notable matter and PTAB exposure. The prominent tracked matter is the Fintiv/Apple dispute. Fintiv defeated Apple's petition for inter partes review—Apple Inc. v. Fintiv, Inc., IPR2020-00019—where the Board denied institution on discretionary grounds tied to the advanced parallel district court case. That decision was designated precedential (May 2020) and became the source of the so-called "Fintiv factors"/NHK-Fintiv framework governing discretionary denial of IPR petitions; it was later the subject of APA litigation and was effectively retired under subsequent Director guidance. On the merits, the district court granted Apple summary judgment of non-infringement on the "widget" limitation, and the Federal Circuit (No. 23-2208) appears to have affirmed; in 2025 Fintiv also sought mandamus over the trial schedule after the district court set trial during Kasowitz's conflict with a separate SDNY matter. Beyond this case, I found no public record showing Kasowitz personally appearing regularly in IPR/PGR proceedings—the firm's PTAB work appears to be led by its IP partners, so his own PTAB footprint should be treated as limited.

Bar / education. Yale University, B.A. (1974); Cornell Law School, J.D. (1977); admitted in New York in 1978, with admissions to the Southern and Eastern Districts of New York, the Second, Third and First Circuits, and other federal courts (per Martindale-Hubbell).

Firms

Roles

  • lead trial counsel1

Cases (1)