Edward Tulin

Ed Tulin concentrates his practice on complex litigation, arbitration, and administrative matters involving patents, patent licenses, copyrights, and trade secrets in the fields of biochemical processes, pharmaceutical products, medical devices, electrical engineering, semiconductors, computer engineering and software, mechanical engineering, environmental engineering, and business methods.

Mr. Tulin represents a diverse set of litigants in high-stakes matters in federal courts and at the International Trade Commission.  In addition, Mr. Tulin is admitted to practice before the U.S. Patent and Trademark Office, where he litigates reexamination, interference, and inter partes review proceedings.  Mr. Tulin also has extensive experience with IP licensing and diligence matters, including patent portfolio analyses, freedom-to-operate opinions, and contract drafting.

Mr. Tulin’s representative matters include: 
 

• defending GAF, a leading U.S. supplier of roofing products, in a patent infringement suit regarding chemical composites in the International Trade Commission, District of New Jersey, and in inter partes review proceedings before the Patent Trial & Appeal Board, and in a patent infringement suit involving roof estimation technology in the District of Utah;
• defending eClinicalWorks, a pioneering developer of electronic health records software and its customers in patent infringement suits in the Western District of Texas, Eastern District of Texas, and District of Massachusetts;
• defending Walmart in a trade secret dispute involving e-commerce solutions in the Eastern District of Arkansas;
• representing ZeniMax Media Inc. in a trade secret and breach of contract dispute involving virtual reality computer software in the Northern District of Texas;
• defending Pergo in patent litigation involving mechanically locking laminate flooring products in the Eastern District of Wisconsin, including as part of the trial team in a three-week jury trial and three-day bench trial;
• defending International Flavors & Fragrances (IFF) in a trade secret misappropriation case involving biochemical spray-dry processes and related mechanical equipment in the District of New Jersey;
• defending JPMorgan Chase in a patent infringement suit involving e-commerce patents in the District of Delaware, which included arguing a summary judgment motion that led to dismissal of the suit, and which was affirmed on appeal to the Federal Circuit and Supreme Court;
• representing Mount Sinai School of Medicine in a breach of contract action relating to H1N1 vaccine technology in the New York Supreme Court’s Commercial Division;
• representing Alkar-RapidPak-MP Equipment in a patent infringement suit involving high-speed industrial molding machines in the Eastern District of Wisconsin;
• representing a clean energy startup in Lanham Act and state unfair competition claims arising out of false assertions of patent ownership and royalty rights in the Eastern District of Michigan; and
• representing a major global reinsurance company in connection with claims for breach of a software license agreement.

Mr. Tulin also has an extensive pro bono practice, which has included representation of clients seeking asylum and clients seeking Social Security disability benefits, patent prosecution for low-income inventors, as well as work for the Innocence Project, and the Transgender Legal Defense & Education Fund (TLDEF).  Mr. Tulin is a long-time member of the LGBT Bar Association of New York (LeGal).

Recognition

CLERKSHIP

• The Honorable Christopher J. Burke, United States District Court for the District of Delaware (2011-2012)

PUBLICATIONS

• "Practical Strategies for Markman Hearings Amid COVID-19," Law360 (May 15, 2020).
• "High Court Laches Ruling May Be Much Ado About Nothing," Law360 (Mar. 16, 2017).
• Co-author, "A Look At Post-Alice Rule 12 Motions Over The Last 2 Years," Law360 (Jan. 27, 2017).
• Co-author, “Fast & Furious: Post-Alice Dismissals of Patent Infringement Cases Using Rule 12 Motions,” Bloomberg BNA's Patent, Trademark, & Copyright Journal (Mar. 20, 2015).
• Co-author, “For Venue Transfer, Court Takes Narrow View of Link_A_Media,” New York Law Journal (Jan. 7, 2013).
• Co-author, “Protections for Inadvertently Produced Privileged Documents Under Rule 502,” AIPLA (2012).
• Co-author, “Authorized Generics: A Bitter Pill to Swallow?” NYIPLA Bulletin, January/February 2007, 18–21.
• Note: Where Everything Old Is New Again - Enduring Episodic Discrimination Against Homosexual Persons, 84 Tex. L. Rev. 1587 (May 2006).

​PRESENTATIONS

• Panelist, “Patent Litigation: A Conversation with the Bench,” Practising Law Institute, Patent Law Institute 2023: Critical Issues & Best Practices (October 5, 2023).
• Presenter, "Key Developments and Trends in IP Litigation," Lawline (September 14, 2023).
• Speaker, "Navigating Discovery in Federal Litigation: Pitfalls, Perils, and Opportunities for Plaintiffs and Defendants,"  TRTCLE's Bridge the Gap Compliance Day for Newly Admitted Attorneys (Sept. 16, 2022).
• Presenter, “Best Practices for Litigating in Key Jurisdictions,” Patent Law Institute 2022: Critical Issues & Best Practices (April 29, 2022).
• Moderator, “PTAB Practice:  A Look Back and Look Ahead as We Celebrate the AIA’s 10^th Birthday,” Patent Law Institute 2022: Critical Issues & Best Practices (April 28, 2022).
• Presenter, "Trends in IP Litigation and the Impact of 2020 Moving Forward," Lawline (Nov. 17, 2020).
• Panelist, Wrongful Conviction 2017: Litigating Exoneration Cases, Practicing Law Institute (Dec. 8, 2017).
• Panelist, Out in the Workplace, Harvard University Law School (April 12, 2017).
• Panelist, Where Can a Science/Engineering Degree Take You?, The Chemists Club of New York (April 19, 2016).
• Moderator, Patent Litigation from the Law Clerk's Perspective: Strategies for Success and Pitfalls to Avoid, New York Intellectual Property Law Association (Jan. 13, 2016).
• Presenter, Litigating Software IP Disputes, 8th Annual Patent Law Institute, New York (Feb. 3-4, 2014).