Joseph M. Drayton is a partner in the Cooley Litigation department and member of the Intellectual Property Litigation practice group. He joined the Firm in 2012 and is resident in the New York office.
Mr. Drayton's practice background includes a broad range of intellectual property and complex commercial matters. He is experienced in patent litigation, trademark and copyright usage, trade dress, design patents and false advertising. Mr. Drayton also counsels clients in all aspects of intellectual property acquisition, transfer, protection and enforcement. He has represented leading companies in the media, telecommunications, banking, private equity, pharmaceutical, electronics and retail industries.
Mr. Drayton practices before both state and federal courts, as well as the International Trade Commission. He has been a lead member of numerous patent trial teams, including four over the past few years. Mr. Drayton has handled temporary restraining orders, preliminary injunctions, all facets of motion practice and complex discovery.
Mr. Drayton's experience includes:
- Representation of Motorola Mobility LLC in a patent infringement action at trial before the International Trade Commission.
- Representation of a major semiconductor chip manufacturer in a patent infringement action at trial before the International Trade Commission. The Administrative Law Judge and the Commission found that the asserted patent was not infringed in favor of the client.
- Representation of Blackhawk Network, a subsidiary of Safeway, Inc. at trial in a patent infringement suit brought by Incomm, Inc. concerning stored value card network systems. The jury returned a verdict favorable to Blackhawk Network, and the company was found not to infringe Incomm's asserted patents.
- Representation of Pier 1 Imports, Inc. in a patent infringement suit brought by Alexsam, Inc. concerning Pier 1's gift card system. The jury returned a verdict finding that Pier 1 did not infringe either of Alexsam's two patents.
- Representation of a leading cable company in a patent infringement action relating to video-on-demand and other remote content delivery systems.
- Representation of an international Voice Over IP telecommunications manufacturer in a patent infringement action at trial towards a favorable settlement.
- Representation of a Fortune 500 information technology and computer networking multinational company in a patent litigation towards a favorable settlement.
- Representation of a leading manufacturer of lighting controls worldwide in a patent litigation resulting in securing a favorable license of our client's technology.
Trademarks, Copyrights and Advertising
- Representation of a leading manufacturer of blades and cutting tools for the home and health industry in a patent, trademark and trade dress litigation against its major competitor.
- Representation of a leading multinational pharmaceutical company in trademark, comparative advertising proceeding and false advertising proceedings.
- Representation of a leading clothing brand conglomerate in connection with pre-litigation trademark, copyright and trade dress issues.
- Resolution of an authorship dispute over the manuscript of Hedge Fund Wives.
- Representation of a leading research institute in connection with pre-litigation copyright disputes.
Mr. Drayton is recognized as one of the top intellectual property attorneys in the US. In 2016, he was one of only 30 IP attorneys to be named a "Client Service All-Star" by BTI Consulting Group for "delivering superior client service in an unprompted manner." He is also named to the IAM Patent1000 list, a recognition that honors the top patent practitioners in the world. In 2015, Mr. Drayton was named one of the "most influential black lawyers" by Savoy Magazine. He has also been recognized by the New York City Bar Association with the 2014 Diversity and Inclusion Champion Award. Additionally, In 2010, he was named among the National Bar Association's "Nation's Best Advocates: 40 Lawyers Under 40."
Mr. Drayton represents the 2nd Circuit on the American Bar Association's Federal Judiciary Committee. He is also the Chair of the Intellectual Property Litigation Committee of the American Bar Association's Section of Litigation. In addition, Mr. Drayton has devoted hundreds of hours providing pro bono legal services, including trial work and representing several indigent clients.
Prior to joining Cooley, Mr. Drayton was of counsel in the New York office of Kaye Scholer LLP.
Publications and Speaking Engagements
- Featured speaker, "Patent Law Review" at the American Intellectual Property Law Association, in Washington, D.C., October 2013.
- Co-Author, "Patent Cases the Year in Review" American Intellectual Property Law Association, October 2013.
- Co-Author, "The Potential of Impact: Kirtsaeng, dba Bluechristine99 v. John Wiley & Sons, Inc. On In-House Legal Department Enforcement Strategies" International In-House Counsel Journal, August 2013.
- Featured speaker, "The Business Implications of High Stakes Litigation: Process, Players, Consequences" at the National Bar Association Annual Convention, July 2013.
- Featured speaker for the PLI Fundamental of Patent Litigation 2013 Seminar, "Elements and Burdens in a Patent Infringement Case and the Defendant's Response" to be held in New York, New York, April 22, 2013.
- Featured speaker for the PLI Advanced Trademark Law Annual Review, "Contributory Trademark Infringement/Ownership and Title Issues" held in New York, New York, April 18, 2013.
- Featured speaker for the PLI Developments in Pharmaceutical and Biotech Patent Law Seminar, "Post-Grant Procedures under the America Invents Act" to be held in New York, New York, April 1, 2013.
- Featured speaker for the PLI Advanced Trademark Law Annual Review 2012, "Trademark Bullying" held in New York, New York on May 1, 2012.
- Featured speaker for the panel discussion "Venture Capital Backed Non Practicing Entities & the New IP Litigation Ecosystem" at the annual Minority Corporate Counsel Association's 11th Annual CLE Expo in Chicago on March 22, 2012.
- Author, "Patent Litigation: 10 Tips to Save Costs," Corporate Counsel, October 25, 2011.
- Featured speaker for the PLI: One-Hour Briefing, "TiVo v. EchoStar: Federal Circuit Provides Guidance on Injunctive Relief and Contempt Hearings for Patent Cases" held on May 23, 2011.
- Author, "The Implications of the Digital Millennium Copyright Act on Social Media Sites," National Bar Association Commercial Law Section Newsletter, February 2011.
- Lecturer on behalf of the New York City Bar Association and its Patent Committee at the Eastern District of New York at a program titled "Patent Ligation Fundamentals" in 2009 and 2010.
- Featured speaker for the panel discussion "Advising Emerging Business Entities in Protecting and Honoring Intellectual Property" at the annual National Bar Association's Mid-Year Conference in St. Louis, Missouri on April 9, 2010.
- Featured speaker for the panel discussion "Trade Secret Litigation: The New Method to Protect Theft of Intellectual Property" at the annual Minority Corporate Counsel Association's 9th Annual CLE Expo in Chicago on March 18, 2010.
- University of Pennsylvania Law School
- University of Maryland, College Park
- U.S. District Court, Eastern District of New York
- U.S. District Court, Southern District of New York
- District of Columbia
- New York
- American Bar Association
- Federal Bar Council
- Maryland State Bar Association
- Metropolitan Black Bar Association
- National Bar Association
- New York City Bar Association
- New York State Bar Association