A recent case in Mr. Falk's repertoire marked the successful culmination of some 13 years of representation for a major Northeastern medical device manufacturer, with the last five of those 13 years devoted to performance as lead trial counsel in seven litigations between his client and its foremost industry competitor.

Mr. Falk was actively involved in the prosecution of nearly one-half of his client's currently active U.S. patents. Since late 1983, he was not just instrumental in obtaining patents, but he gave timely, strategic advice on acquisition of corporations and other entities, which acquisitions in no small part catapulted his client to a higher stature in the marketplace. Mr. Falk guided the client through matters related to technology licensing, and a Patent Office reexamination of one of the client's most landmark patents and reissue of another important patent. In fact, the counsel of Mr. Falk's client's main adversary later remarked that it would be "a Herculean task" to overturn the reexamined patent.

As lead trial counsel, Mr. Falk's skillful navigation through protracted, interconnected litigations allowed his client to proceed with normal operations with far less turmoil than is normally associated with such large litigations, even when up against no less than four changes of counsel by his client's adversary, who retained large New York and California firms. Only one employee of the client corporation was deposed, yet Mr. Falk took depositions of many of the opponent's employees. While Mr. Falk effectively pierced the privilege of the mainstay of the opponent's privileged documents, his client's most sensitive and technical documents were protected from discovery. Mr. Falk's efforts resulted in the effective disqualification of the opponent's attorney, the son-in-law of the CEO, to prevent family member access to his client's vital trade secrets. In addition, his client obtained an injunction for the duration of the life of one of its oldest and most important patents, and Mr. Falk's command of the case law and commpelling arguments led a judge to determine that the opponent had in-fringed the trade dress of one of the client's products in bad faith. Mr. Falk also retained the most qualified and experienced industry consultants, leaving his client with an impressive array of experts with whom a mutually respectful and lasting relationship has been formed.

Mr. Falk's diligent representation in a lengthy British License of Right proceeding resulted in so a high a royalty rate for his client that the licensee did not enter the market during the duration of the patent's life. The adversary's appeal was denied, and Mr. Falk's client was even granted a higher royalty rate than originally imposed. As well, the opponent's French distributor stopped purchasing product and shipped its remaining stock back to the U.S. for a refund. Both domestically and abroad, due in large part to Mr. Falk's counsel, his client continued to grow in, excel in, and dominate the market.

Mr. Falk's client regained its exclusivity in two major medical device markets. It has licensed its fore-most competitor to alternative, less satisfactory embodiments of two important product lines, and has accepted a lump sum payment from its adversary. These and other victories during the pendency of the litigation hurt the client's adversary in the market and set the tone for the remainder of the litigation until their successful settlement in 1996.

Since 1982, Mr. Falk's client grew from a $1,500,000/year company to a market leader over thirty times that size. Mr. Falk's advice and counsel helped propel the client to its place in industry to-day. In fact, Mr. Falk's guidance allowed the client to position itself with such an attractive profile that, in late 1996, a Fortune 100 company acquired it for some $80,000,000. That is astounding considering at just eight years earlier, Mr. Falk's client's major competitor offered to buy it for only $3 - 4,000,000.

The stellar results of Mr. Falk's representation of this client are illustrative of his devotion and commitment to excellence to each of the clients he represents.