Howard J. Susser

Client Work

Howard’s representative matters include:

• Served as lead counsel in patent infringement suits involving weapons.
• Served as lead counsel in ERP software contract dispute in cannabis industry.
• Served as lead counsel in dispute over biotechnology vendor contract.
• Served as lead counsel in publishing contract and copyright dispute.
• Served as lead counsel in employment, trade secret, and breach of contract dispute in managed services.
• Served as lead counsel in a patent infringement suit regarding heavy machinery and joystick electronics.
• Served as lead counsel on design patent suits regarding LED lighting fixtures.
• Served as lead counsel in trade secret, copyright, and unfair competition suit regarding industrial computer software.
• Served as lead counsel in patent infringement litigation involving database management systems and web-based spreadsheet services.
• Served as lead counsel for the plaintiff in a patent infringement suit on cell phone communication protocols.
• Served as lead counsel for the plaintiff in a patent infringement suit on cable television communication protocols.
• Served as lead counsel for the plaintiff in a patent infringement suit on 3-D scanning metrology devices.
• Served as counsel for a defendant weapons accessories manufacturer in a contract and trade secret suit.
• Served as lead counsel for the defendant in a patent infringement suit on plastic injection molding container manufacturing.
• Served as lead counsel for a large, international fuel additives defendant in a false advertising suit on petroleum dyes.
• Served as counsel for the plaintiff in a patent infringement suit on crystalline forms of pharmaceuticals and processes.

Professional Activities

• Tufts University and Babson College, Guest Lecturer

Publications, Presentations & Recognitions

Recent Publications

• “Contract Rights Vs. Patent Invalidity: 2 Key Cases to Watch,” Co-Author, Law360, June 2021.
• “Roche could see advantage with respect to generic inequitable conduct arguments in Boniva trial,” Quoted, PharmaWire, October 2010
• “Sanofi-Aventis has uphill climb to prevail on Taxotere patent litigation appeal,” Quoted, PharmaWire, October 2010
• “Otsuka/BMS’s Abilify: Strong inequitable conduct challenge presented by generics at trial faces uphill battle,” Quoted, PharmaWire, September 2010
• “Teva likely to prevail on indefiniteness at Copaxone trial, but may face enablement issues,” Quoted, PharmaWire, September 2010
• “Teva/Cubist patent litigation over Cubicin could be closely fought, attorneys say,” Quoted, PharmaWire, August 2010
• “Myriad’s BRAC Analysis method claims more likely to be found patentable on appeal based on Supreme Court’s Bilski
  decision,” Quoted, PharmaWire, July 2010
• “Sepracor faces uphill battle against generic challengers in Lunesta litigation on claim construction, infringement,” Quoted, PharmaWire, July 2010
• “Changing the Focus of the Patent Damages Case,” Co-Author, Business Law Today, November/December 2009
• “The Reel Truth: Everything You Didn’t Know You Need to Know About Making an Independent Film,” Quoted, June 2009
• “Contentious Changes to US Patent Law Looming,” Co-Author, Vantage, WPI Venture Forum, May 2009
• “Broad Copyright Protection Extended To Corporate Training Materials, Even ‘Aggressively Vapid’ Ones!,” Co-Author, Intellectual Property
  Update, April 2009
• “Facebook’s Fine-Print Fiasco”, Quoted, BusinessWeek, February 2009
• “Court Signals A Potential End To Race-To-The-Courthouse Forum Shopping In Patent Suits,” Co-Author, Intellectual Property Update,
  March 2008
• “Who Owns an Employee’s Invention?,” Co-Author, BSCES News - Boston Society of Civil Engineers Section / ASCE, March 2008
• “Unified Under Law,” Quoted, InfoWorld, March 2007
• “Supreme Court Ends Special Treatment for Patent Injunctions,” Co-Author, Boston Bar Journal, November/December 2006
• “Intellectual Property Review, Annual Review of Developments in Business and Corporate Litigation,” Co-Author, 2006, 2007 and 2008
  Editions
• “The future of patents are pending with Congress and the courts in 2006,” Co-Author, Mass High Tech, December 2005
• “U.S. Patent Laws Shifting to Encourage Competition,” Co-Author, Mass High Tech, August 2005
• “Appeals Court Could Clarify ‘Advice-Of-Counsel Defense’ in Patent Infringement Cases,” Co-Author, New England In-House, July 2004
• “Legal Uncertainty Increases Risks to Alleged Patent Infringers,” Co-Author, Boston Business Journal, June 2004
• “Supreme Court: Federal Lanham Act No Help to Owners of Expired Copyrights,” Co-Author, Intellectual Property Reporter, July 2003

Recent Presentations

• “IP and Cybersecurity: Critical Points on Data Misuse,” Webinar Host, Burns & Levinson’s Intellectual Property Group, March 2021
• 4D Meets AI Conference, Guest Speaker, Life Science Nation, September 2020
• “Founder’s Workshop: Startup Fundamentals and Essentials,” Speaker, Tufts School of Engineering, February 2020
• “West LegalEdcenter Webinar,” Speaker, June 2011