Aldo A. Badini
Partner
Aldo Badini is co-chair of the firm’s Intellectual Property Litigation Practice Group. Mr. Badini’s principal areas of practice include patent litigation, complex commercial litigation, antitrust, arbitration and contract disputes. He has experience in the preparation and trial of complex cases including jury trials.
Intellectual Property Litigation
Mr. Badini has been involved in numerous semiconductor, biotechnology and medical device patent matters including acting as lead trial counsel. His experience includes various Markman hearings, jury and judge trials, and intellectual property due diligence and licensing negotiations. His trial experience includes successfully defending a major medical device manufacturer in a patent infringement jury trial in the U.S. District Court of Minneapolis where the plaintiff sought an injunction and damages in excess of $800 million.
Antitrust and Trade Regulation
Mr. Badini has been active in cases involving antitrust issues including those affecting intellectual property rights. He has extensive experience litigating Sherman Act Section 1 and 2 cases in numerous industries including pharmaceuticals, healthcare and electronics. He has successfully defended against predatory pricing allegations and was also one of several Dewey trial counsel for a major pharmaceutical manufacturer in a landmark ten-week Sherman Act antitrust jury trial in which the Court granted defendants’ motion for judgment as a matter of law. In that case (In re Brand Name Prescription Drugs Antitrust Litigation), potential damages in the tens of billions of dollars were sought along with injunctive relief, arising out of claims that various pharmaceutical manufacturers and wholesalers had conspired to deprive retail pharmacies of discounts for brand name prescription drugs. He also has extensive involvement in Robinson-Patman and state antitrust cases.
Arbitration
Mr. Badini’s arbitration experience includes the arguing of arbitrability appeals in various U.S. Courts of Appeals, and conducting arbitrations before the CPR Institute for Dispute Resolution and the International Centre for the Settlement of Investment Disputes (ICSID). His ICSID experience includes representation of financial institutions and of a sovereign state in a matter involving compliance with international investment laws and regulations. Other representative international and domestic arbitrations include: a dispute between a sovereign client and an international engineering consortium regarding design defects in a coal processing terminal; AAA contract and intellectual property dispute arbitrations and construction arbitrations.
General Commercial Litigation
Representative cases include: Lead trial counsel in products liability jury trial in the successful defense of a product manufacturer; successful defense of an international bank in a sex discrimination case; lead counsel in a case against a guarantor of student loans (obtained summary judgment for our client); representation of a French bank as plaintiff in a fraud action; representation of a market research and consulting firm in a negligence and breach of contract action brought by a product manufacturer alleging improperly conducted product testing; and litigation of insurance coverage disputes.
Selected Activities
American Bar Association
Sections of Intellectual Property, Antitrust and Litigation
New York State Bar Association
New York County Lawyers’ Association
Association of the Bar of the City of New York
Federal Bar Council
District of Columbia Bar Association
New York Intellectual Property Law Association
American Intellectual Property Law Association
Board Memberships
Justice Resource Center, Chairman of the Board
The NALP Foundation, Chairman of the Board of Trustees
Education
Harvard Law School, 1983, J.D.
Harvard University, 1980, B.A.,
summa cum laude , Phi Beta Kappa
Bar Admissions
California
New York
District of Columbia
Court Admissions
U.S. District Court, Southern District of New York
U.S. District Court, Eastern District of New York
U.S. District Court, District of Columbia
U.S. District Court, Central District of California
U.S. District Court, Northern District of California
U.S. Court of Appeals, 2nd Circuit
U.S. Court of Appeals, 3rd Circuit
U.S. Court of Appeals, 7th Circuit
U.S. Court of Appeals, 8th Circuit
U.S. Court of Appeals, 9th Circuit
U.S. Court of Appeals, Federal Circuit
U.S. Supreme Court