Litigation

Alex Bowie is an established and seasoned trial lawyer. He has litigated in many areas of the law and has appeared in federal courts across the United States, state courts in New York and elsewhere, and before alternate dispute organizations such as JAMS and NASD (now FINRA). Alex has litigated cases large and small, including matters sounding in antitrust, patent, trademark, copyright, the securities laws, False Claims Act, and general contract disputes.

Representative matters:

Antitrust

  • Co-counsel representing Qualcomm in EC competition investigation relating to cellphone technology.
  • Co-counsel representing Qualcomm in antitrust litigation brought in federal courts in New Jersey and Delaware relating to alleged FRAND licensing commitments with respect to cellphone technology.
  • Co-counsel representing IBM in antitrust litigation in federal courts in Michigan and Pennsylvania alleging tying and other claims.

Intellectual Property

  • Co-lead counsel representing a group of research scientists and a foundation defending litigation brought by biopharmaceutical company in Maryland state court seeking to terminate rights to annual patent royalties of tens of millions of dollars under licensing agreement. Intellectual property at issue concerned genetically modified treatment for a pediatric respiratory disorder known as RSV.
  • Co-counsel representing Qualcomm in antitrust litigation in federal courts in New Jersey and Delaware relating to alleged FRAND licensing commitments with respect to patents for cellphone technology.
  • Co-counsel representing IBM in patent litigation in federal court in Massachusetts relating to computer operating system instruction architecture and memory algorithms. Participated in Markman hearing on claim terms.
  • Co-counsel representing IBM in trademark litigation in federal court in Illinois arising out of the reconfiguration of mainframe computer memory cards. Successfully obtained injunction preventing further passing off of modified memory cards without sufficient disclosure.
  • Co-counsel representing IBM in copyright litigation in federal court in Pennsylvania seeking to enjoin and recover for the copying of computer microcode in connection with reconfigurations of mainframe computers.

Securities

  • Lead counsel for individual limited partner investor in New York State Court litigation arising from collapse of Lipper Convertibles LP investment fund.
  • Co-counsel representing E.On AG in litigation brought in the U.S. District Court, Southern District of New York alleging securities law violations by Acciona SA in the contest for control of Endesa SA.
  • Lead counsel for proxy solicitation and advisory firm Innisfree M&A, Inc. in connection with litigation brought in the U.S. District Court, Southern District of New York by CSX Corporation alleging securities law violations by The Children’s Investment Fund in connection with contest for control of CSX.
  • Lead counsel for proxy solicitation and advisory firm Innisfree M&A, Inc. in connection with litigation brought in Delaware Chancery Court by Yucaipa in connection with contest for control of Barnes & Noble.
  • Lead counsel for proxy solicitation and advisory firm Innisfree M&A, Inc. in connection with litigation brought in the U.S. District Court, Northern District of Illinois in connection with contest for control of Potash Corp.
  • Co-counsel representing Vivendi, S.A. in securities class action litigation brought in the U.S. District Court for the Southern District of New York.
  • Co-counsel representing E. I. DuPont de Nemours and Company in securities litigation brought in U.S. District Court for the District of Delaware arising from the company’s sales of Benlate.

False Claims Act

  • Co-counsel for numerous states and municipal entities as plaintiffs in False Claims Act litigation in Federal District Court in Los Angeles arising from manufacturer’s misrepresentation of PVC water pipe as compliant with industry standards. Obtained across the board liability verdict in plaintiffs’ favor after seven week jury trial.

Other Notable Litigation Experience

  • Lead counsel for former business owners in litigation in state and federal bankruptcy court successfully defending against attempts to collect on personal guaranties given in connection with loan to business.
  • Lead counsel for Chinese manufacturer in litigation brought in federal court in New York seeking to recover several million dollars owed for goods shipped to handbag wholesaler.

Public Interest Pro Bono Work

  • Co-lead counsel working pro bono for several detainees at the United States Naval Base, Guantanamo Bay, Cuba in proceedings in the U.S. District Court, District of Columbia seeking writs of habeas corpus. Received security clearance in connection with same. Conducted multi-day merits hearing in 2010 before The Honorable Henry Kennedy.