Sullivan

Peter A. Sullivan

Partner
New York

For 30 years, I’ve been working with clients to help resolve high stakes disputes, appearing in state and federal courts in the U.S., and coordinating parallel cases taking place outside the U.S.

Peter Sullivan works within Foley Hoag’s Intellectual Property, Litigation, and International Litigation & Arbitration departments. He Co-Chairs the firm’s Patent Trial and Appeal Board Practice Group, and he is Co-Managing Administrative Partner in the New York office.

Peter’s clients rely on him as a trusted advisor to devise litigation strategies that align with their business objectives. Peter’s litigation practice spans numerous specialties, from patent, trade secrets and other intellectual property disputes to complex multi-jurisdictional contract and tort litigation to international commercial arbitration matters. Peter’s clients have relied on him to litigate disputes involving a wide range of innovations, including ground-breaking cancer treatments, advanced gas turbine engine technology and wireless communication and tracking systems.

Peter has acted as lead counsel in state and federal trial and appellate courts, as well as the International Trade Commission, the Patent Trial and Appeal Board and the Trademark Trial and Appeal Board. Outside the US, Peter has worked with counsel around the globe to provide coordinated litigation responses in multi-jurisdictional cases. Peter also provides comprehensive litigation avoidance advice for clients undertaking and managing commercial transactions, including those involving the licensing of intellectual property.

Education

  • Brooklyn Law School, J.D., cum laude
  • New York University, B.S. in Physics
  • Cooper Union, B.S. in Mechanical Engineering

Bar and Court Admissions

BAR ADMISSIONS
  • New York
  • New Jersey
COURT ADMISSIONS
  • U.S. Supreme Court
  • U.S. Patent & Trademark Office (Agency)
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Western District of New York
  • U.S. District Court for the District of New Jersey

Experience

INTERNATIONAL AND DOMESTIC COMPLEX COMMERCIAL ARBITRATION AND LITIGATION
  • Counsel for State in ad hoc arbitration under UNCITRAL rules and administered by the Permanent Court of Arbitration brought by two Indian companies relating to the termination of a land development agreement
  • Counsel for marine classification society in litigation in the U.S., Spain and France involving an oil spill by the vessel Prestige
  • Coordinating litigation for marine classification society in a French court expertise proceeding investigating defective inspection and manufacture claims concerning a floating production and storage facility off the coast of Nigeria
  • Counsel for gas turbine engine manufacturer in several related federal court actions for claims alleging breach of contract, fraud and negligent design in power stations in the U.S.
  • Counsel for equipment manufacturer in AAA arbitration defending against claims of defective installation and resulting delay damages from the construction of an electricity distribution yard in Colombia
  • Counsel for equipment manufacturer in ICC arbitration claiming defective installation of pollution control equipment on a coal-fired power station in Canada.
  • Counsel for gas turbine engine technology licensee in ICC arbitration for breach of license agreement with gas turbine engine manufacturer-licensor concerning gas turbine installations throughout Europe
  • Counsel for marine classification society in connection with the Deepwater Horizon Joint Commission investigation and subsequent civil proceedings
  • Counsel for engineering and construction consortium in arbitration under UNCITRAL rules defending claims concerning the construction of a direct reduced iron plant in Venezuela
INTELLECTUAL PROPERTY LITIGATION AND ARBITRATION
  • For a world-renowned cancer research center, coordinate litigation in appeals in European courts concerning Supplemental Protection Certificates (a type of patent term extension) for patents relating to PD-L1 cancer drugs
  • Counsel for two leading medical research institutions in patent infringement action and related PTAB proceeding and appeal concerning patent for cancer therapy
  • Counsel for manufacturer in PTAB proceeding concerning optical sorting technology
  • Counsel for agricultural products company in action before International Trade Commission concerning asserted infringement of patented herbicide-making process
  • Counsel for pharmaceutical company in ICC arbitration over pharmaceutical development agreement involving a license to patents and trade secrets for a drug to treat schizophrenia
  • Counsel for specialty chemical company in patent infringement action and related reexamination proceedings concerning sunscreen technology
  • Counsel for medical device company in patent reexamination proceedings before the Board of Patent Appeals and Interferences concerning device used in diabetes monitoring
  • Counsel for coffee retailer in trademark infringement and dilution action over trademark for cold beverages
  • Counsel for pet treat company in trademark infringement action and related TTAB proceedings
  • Counsel for online travel company in trademark infringement actions against competitor related to ad-word purchasing
  • Counsel for military contractor in misappropriation of trade secrets matter against competitor involving military helicopter simulator technology
  • Counsel for gas turbine engine manufacturer in misappropriation of trade secrets action against former engineering consultant concerning the design of turbine blade and combustor technology
  • Counsel for computer software company in misappropriation of trade secrets action against competitor startup company formed by former employees of client
PRODUCT DEFECT LITIGATION
  • Counsel for light bulb manufacturer in state court 1000+ plaintiff toxic tort action involving alleged exposures to benzene, mercury, other heavy metals and asbestos at a plant in West Virginia
  • Counsel for pharmaceutical company in product liability action for alleged defective drug to treat HIV
  • Counsel for welding rod manufacturer in product liability actions in federal and state court throughout the United States over alleged exposure to asbestos
  • Counsel for automobile manufacturer in product liability actions in federal and state court throughout the State of New York
  • Counsel for marine crane manufacturer in product liability action over alleged defectively designed marine crane

Publications

  • “No Harm, No Foul? Private and Public Litigation in Cybersecurity Law,” Inside Counsel (July 7, 2016)    
  • “Cybersecurity is a Governance and Risk Management Issue,” Today’s General Counsel (April/May 2016)
  • "In Cybersecurity, No Harm Does Not Necessarily Mean No Foul," Law360 (February 17, 2016)
  • "Licensing," chapter in Robert L. Haig’s Commercial Litigation in New York State Courts (Fourth Edition), published by Thomson Reuters (2015)
  • "The Economic Duress Doctrine - A U.S. Perspective," Published by International Bar Association (2005)
  • "Harmonizing the Civil and Common Law Traditions in Prehearing Document Disclosure in Commercial Arbitration," Published by International Bar Association Construction Section (2004)

Honors & Involvement

INVOLVEMENT
  • Past Chair, Patents Committee, Association of the Bar of the City of New York
  • Member, Federal Circuit Bar Association
  • Member, International Trademark Association
  • Member, New York International Arbitration Center
  • Member, Federal Bar Council
  • Past member of Amicus Committee, American Intellectual Property Lawyers Association
  • Member of ITC Committee, American Intellectual Property Lawyers Association
  • Member of Anti-Counterfeiting Committee, American Intellectual Property Lawyers Association

Speaking Engagements

  • "Protecting Product Configurations, Packaging, and Designs: What In-House Counsel Needs to Know" (2017)
  • "Legal Ethics for In-House Trademark and Copyright Attorneys" (2017)
  • "Negotiating and Executing a License Agreement, A Case Study," CLE presentation to in-house counsel (2015)
  • “Arbitrating Pharmaceutical Licensing Disputes,” presentation to in-house counsel (2013)
  • "Attorney-Client Privilege as Applied to In-House Counsel," CLE presentation to in-house counsel (2012)
  • "Arbitrating Pharmaceutical Industry Disputes," DELVACCA Chapter of American Corporate Counsel (2011)
  • "Preparing Company Employees for Depositions, Hearings and Trials," presentation to in-house counsel (2011)
  • "Patent Due Diligence, Program on Current Issues in Patent Practice," New York City Bar Association (2009)
  • "In re Bilski Roundtable," Bar Association of the City of New York (2008)
  • "Assessing the Impact of Seagate," IMS Expert Services Webinar (2007)
  • "Preparing for Oral Argument," Federal Circuit Bar Association 8th Annual Bench & Bar Conference (2006)
  • "The Economic Duress Doctrine - A U.S. Perspective," International Bar Association Annual Conference (Prague 2005)
  • "Harmonizing the Civil and Common Law Traditions in Prehearing Document Disclosure in Commercial Arbitration,” Program on Construction Projects from Start to Finish, International Bar Association Construction Section (Brussels 2004)