Michael J. Kasdan concentrates his practice on intellectual property litigation, licensing, portfolio analysis, and strategic counseling. He has a technical background in electrical engineering and had a prior career as a technology consultant. His law practice focuses on a broad range of technologies ranging from consumer electronics to computer architecture and networks to semiconductor chips to wireless devices to medical products and devices.

Mr. Kasdan has experience handling all aspects of patent litigations and disputes before district courts, the Federal Circuit, and the International Trade Commission, as well as in private licensing negotiations, in arbitrations, and in mediations. He also counsels clients on strategic patent prosecution, portfolio development, and provides opinions and analyses on issues including patent infringement, validity, and enforceability.

After graduating magna cum laude from NYU School of Law, Mr. Kasdan worked as law clerk to the Honorable Judge Roderick R. McKelvie in the United States District Court for the District of Delaware. Prior to joining Amster Rothstein & Ebenstein LLP in the Fall of 2004, he was an associate in the intellectual property department of Kirkland & Ellis LLP.

During 2008-2009, Mr. Kasdan was seconded from our firm and joined Panasonic Corporation in Japan, where he worked as in-house patent counsel in Panasonic’s licensing center. In this role, he provided a diverse range of legal counseling. Mr. Kasdan acted as lead counsel representing Panasonic in addressing numerous third party patent assertions and license negotiations and developing substantive defensive positions. He also provided legal advice and opinions across a broad set of technology areas and in many facets of patent law. Mr. Kasdan also negotiated and drafted complex agreements, including portfolio cross-license agreements, and provided legal advice concerning the interpretation of such agreements.

Mr. Kasdan has spoken and written articles on various areas of intellectual property law, including licensing practices, defending against patent infringement cases, the doctrine of patent exhaustion, willful infringement, patent misuse and standards estoppel, damages and patent valuation, inequitable conduct, and business methods patents.

Mr. Kasdan attended the University of Pennsylvania where he graduated magna cum laude with a degree in electrical engineering with a minor in mathematics. He attended New York University School of Law where he was the Notes Editor for the NYU Law Review, President of the Intellectual Property and Entertainment Law Society and a member of the Order of the Coif.

He is admitted to practice before all New York State courts, the U.S. District Courts for the Eastern and Southern Districts of New York and the U.S. Court of Appeals for the Federal Circuit.

Mr. Kasdan serves on the Board of Directors of CityScience.

ARELaw Alerts

• ARE Patent Law Alert:
  President Obama Signs Leahy-Smith America Invents Act into Law: Overview of Provisions Now In Effect
  September 19, 2011
  
  
• ARE Patent Law Alert:
  Overview of the Leahy-Smith America Invents Act on Patents
  September 13, 2011
  
  
• ARE Patent Litigation Alert:
  Recent Applications of the Bilski Test for Patentable Subject Matter by The Federal Circuit and District Courts
  August 17, 2011
  
  
• ARE Patent Litigation Alert:
  USPTO Proposes to Revise the Materiality Standard for the Duty to Disclose to Conform with the Therasense
  July 22, 2011
  
  

• ARE Patent Litigation Alert:
  US Supreme Court Grants Cert for the Second Time in Prometheus v. Mayo Case on Patent-Eligible Subject Matter
  June 21, 2011
  
  
• ARE Patent Litigation Alert:
  U.S. Supreme Court Addresses Knowledge Element of Claims for Inducing Patent Infringement
  June 1, 2011
  
  
• ARE Patent Litigation Alert:
  Federal Circuit Affirms Dismissal of Another False Marking Case and Clarifies Meaning of “Patented Article”
  May 2, 2011
  
  
• ARE Copyright Litigation Alert:
  Southern District Judge Rejects Google Books Amended Settlement Agreement
  April 5, 2011
  
  
• ARE Patent Law Alert:
  Federal Circuit Holds That False Marking Must Be Pled With Particularity Under Fed. R. Civ. P. Rule 9(b)
  March 16, 2011
  
  
• ARE Patent Litigation Alert:
  Uniloc USA v. Microsoft: Federal Circuit Held the 25% Rule of Thumb By Damages Expert is a Fundamentally Flawed Tool for Determining a Baseline Royalty Rate In Patent Damages Analysis
  January 4, 2011
  
  
• ARE Patent Law Alert:
  Supreme Court to Decide Whether Foreign Sale Exhuasts Copyrights
  April 23, 2010
  
  
• ARE Trademark Law Alert:
  Second Circuit Decides Tiffany v. eBay Appeal
  April 1, 2010
  
  
• ARE Patent Law Alert:
  Developments in the Law of Inducement and Direct Infringement
  March 8, 2010
  
  
• ARE Patent Litigation Alert:
  U.S. Government Files Brief in Bilski v. Kappos
  September 26, 2009
  
  
• ARE Patent Law Alert:
  Prometheus Labs v. Mayo Clinic: Federal Circuit Applies Transformation Prong of In re Bilski Test and Finds Drug Usage Method Claim to be Patentable Subject Matter Under Section 101
  September 17, 2009
  
  

Published Articles

• Practice Note: Patent Infringement Claims and Defenses (Updated for America Invents Act)
  Practical Law Company, New York, (October 15, 2011)
  
  
• Is Facebook Killing Privacy Softly? The Impact of Facebook’s Default Privacy Settings on Online Privacy
  - The NYU IP and Entertainment Law Ledger, April 21, 2011
  
  
• Second Circuit Confirms Insurance Company Did Not Have Duty To Defend Action Based on Intellectual Property - Related Claims Under Personal Injury and Advertising Injury Clauses
  April 4, 2011
  
  
• CAFC rejects the 25% Rule of Thumb as a Fundamentally Flawed Toll in Reasonable Royalty Calculation (Available only in Japanese)
  - Nikkei IP Awareness, January 13, 2011 (published in Japanese)
  
  

• Student Speech in Online Social Networking Sites: Where to Draw the Line
  - NYU IP and Entertainment Law Ledger, November 22, 2010 (selected for publication in introductory edition of Teen Rights and Freedoms: Social Networking, scheduled for release Dec., 2011)
  
  
• The Impact Of American Needle On IP And Contracts
  - IP Law360, May 26, 2010
  
  
• The 2nd Circ. Stance On Tiffany V. eBay
  - IP Law360, April 6, 2010
  
  
• Update To Recent Patent Damages Article
  - Patently-O Guest Blog, April 1, 2010
  
  
• Implications of Reed Elsevier v. Muchnick
  - IP Law360, March 17, 2010
  
  
• SEB v. Montgomery Ward: Extending the Reach of U.S. Patent Laws to Foreign Defendants—Developments in the Law of Direct Infringement and Inducement
  - March 10, 2010
  
  
• Federal Courts Closely Scrutinizing and Slashing Patent Damage Awards
  - 2010 Patently-O Patent L.J. 24
  
  
• Will The High Court Clarify The Exhaustion Doctrine?
  - IP Law360, January 16, 2008
  
  
• Reviving The Exhaustion Doctrine
  - IP Law360, January 10, 2008
  
  
• Quanta Computer v. LG Electronics: Will The Supreme Court Revive The Exhaustion Doctrine?
  - Amster, Rothstein & Ebenstein, LLP, January, 2008
  
  
• Infringement Assertions In The New World Order
  IP Law360, October 17, 2007, Guest Column
  
  
• In re Seagate Technology: Willfulness and Waiver, a Summary and a Proposal
  - Patently-O Patent L.J. 1, May 14, 2007
  
  
• Refining In U.S. Patent Law For Software
  - IP Law360, May 7, 2007
  
  
• KSR v. Teleflex, Redefining The Obvious
  - IP Law360, May 3, 2007
  
  

In The Press

• In the Press:
  K-C Diaper Patent Wiped Out In First Quality IP Suit
  - IP Law360, December 5, 2011
  
  
• In The Press:
  Michael Kasdan cited in IP Law 360 article, 2nd Circ. Counsel Ruling Could Upend Google Books Deal
  IP Law360, New York (September 8, 2011)
  
  

Speaking Engagements

• November 6, 2012 – November 7, 2012
  4th Annual Social TechNet Intellectual Property Forum
  Location: New York, NY
• November 16, 2011 – November 17, 2011
  3rd Annual Social TechNet Intellectual Property Forum
  Location: New Yorker Hotel, New York, NY
• October 11, 2011 – October 13, 2011
  Patent Law Seminar: (i) Licensing - Pitfalls and Strategies for License Negotiations and Agreements; (ii) Willful Infringement after Seagate; (iii) U.S. Patent Litigation For Japanese Companies
  Location: Tokyo, Osaka, and Nagoya, Japan
• November 15, 2010 – November 16, 2010
  World Research Group The TechNet Patents Forum
  Location: New York, NY 

• May 11, 2010
  Intellectual Property Seminar - (i) The Federal Circuit's en banc decision in Ariad v. Lilly: Implications for Patent Litigation and Patent Prosecution; and (ii) Marking: Why to Mark, When to Mark, How to Mark, and the Dangers of False Marking
  Location: Kyoto, Japan
• March 24, 2010
  NYU School of Law - 2010 Trade Regulation Brown Bag Lunch Series: Practicing IP Law In A Global Economy
  Location: New York, NY
• February 25, 2010
  InSITE Alumni Advising Session
  Location: New York, NY