Amster Rothstein and Ebenstein, LLP - Intellectual Property Law

Brian A. Comack Partner


Direct 212 336 8098
Main 212 336 8000
Fax 212 336 8001

405 Lexington Avenue
48th Floor
New York, NY 10174
Brian A. Comack has extensive experience in intellectual property, including litigation, patent prosecution, counseling clients, and rendering legal opinions. He has focused on intellectual property issues relating to broad range of technologies, including laser-induced fluorescence detectors, lithographic printing plates, disposable absorbent products, high-speed manufacturing processes, rechargeable batteries, telephony, photomasks, semiconductors, liquid crystal displays, computer software and hardware, biomedical devices, and business methods.

Mr. Comack participates in all aspects of patent litigation, including managing cases, developing strategies and defenses, conducting fact and expert discovery, engaging in motion practice, and taking and defending depositions. He has extensive experience before District Courts, the International Trade Commission, and the Federal Circuit, where he has successfully tried cases, participated in numerous preliminary injunction hearings and related appeals, presented at claim construction hearings, and argued numerous discovery motions.

For example, Mr. Comack successfully tried a case involving lithographic printing plates before the International Trade Commission where the patent asserted on behalf of a client was found to be valid and infringed by a competitor. As a result, the ITC issued an exclusion order forbidding all imports of infringing products. In defense of another client sued on eleven patents relating to manufacturing processes for absorbent products, Mr. Comack participated in three preliminary injunction hearings, a Federal Circuit appeal, a claim construction hearing, and fact and expert discovery. He was instrumental in obtaining summary judgment rulings that led to the dismissal of that case.

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  • Registered Patent Attorney, United States Patent & Trademark Office, 1999
Bar Admissions
  • New York, 1999, U.S. District Court Southern District of New York, 2000
  • U.S. District Court Eastern District of New York, 2000; U.S. Patent and Trademark Office, 1999
  • International Trade Commission
  • Federal Circuit Court of Appeals
  • Supreme Court of the United States
  • Brooklyn Law School, Brooklyn, New York J.D.
  • Binghamton University, Binghamton, New York, B.S., Mechanical Engineering

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