Alex G. Patchen, Partner

Alex Patchen has extensive experience representing clients ranging from entrepreneurs and small businesses to Fortune 500 companies in complex commercial litigation and arbitration matters. He represents clients in all phases of complex commercial litigations in federal and state courts, as well as arbitral proceedings. 

Mr. Patchen counsels clients in a wide range of industries including: software, financial, pharmaceutical, media, and consumer manufacturers. He also counsels on a diverse array of disputes, such as breach of contract, licensing disputes, bankruptcy and employment discrimination.  

Mr. Patchen’s litigation experience also covers intellectual property disputes. He has represented clients to enforce patent rights, and owners of TV programs in enforcing their copyrights and trademarks against pirates; he has obtained a permanent injunction on behalf of two tech companies for misappropriation of their trade secrets; and he has successfully defended a licensor from a patent licensee seeking millions in royalties.

Mr. Patchen believes the best way to fully represent a client is to obtain a deep understanding of the client’s business, and how a specific dispute impacts the business as a whole. The trusting relationships that develop allow him to implement efficient and pragmatic strategies that address both legal and business concerns. Where appropriate, Mr. Patchen recommends alternative dispute resolution.

Beyond his litigation experience, Mr. Patchen has represented the Trustee for the SIPA Liquidations of Lehman Brothers Inc. and MF Global Inc. In that role, he was responsible for the analysis, reconciliation, and close out of thousands of complex financial transactions. Mr. Patchen has served as an arbitrator for the Part 137 Attorney Fee Dispute Program on a pro bono basis since 2012; he has been approved to serve as an arbitrator in the Small Claims division of the New York Court System.

Practice Areas

• Alternative Dispute Resolution
• Commercial Litigation
• Copyright and Anti-Piracy Litigation
• International Judgment Enforcement and Asset Recovery
• Litigation Funding and Alternative Fee Arrangements
• Patent Litigation
• Professional and Business Ethics

Notable Work Experiences

• Represented Internet broadcasting company in connection with patent infringement matters brought on its behalf
• Served as second chair in representation of telecommunications software company before U.S. District Court, Southern District of New York in copyright infringement and trade secret misappropriation litigation against former employees and business partner. Successfully obtained preliminary and subsequent permanent injunction for client
• Obtained a permanent injunction for software company before the U.S. District Court, District of New Jersey, in an eight day bench trial for claims of trade secret misappropriation, decision available at 2011 WL 3651331 (Aug. 18, 2011)
• Represented medical device manufacturer in patent licensing dispute seeking over $100 million in royalties. After two week arbitration, obtained dismissal of claims against client
• Served as second chair in representation of client in an international arbitration regarding joint venture agreement for development and manufacturing of licensed product. After a two week arbitration hearing obtained $5 million judgment, which was subsequently confirmed by the U.S. District Court, Southern District of New York, decision available at 2004 WL 2781725 (Dec. 18, 2004)
• Represented Trustee for the largest broker-dealer bankruptcy in U.S. history in negotiations with major international banks to resolve disputes relating to close-out of complex financial transactions valued at over $800 million and general creditor claims seeking over $400 million
• Represented bankrupt entity in an interpleader adversary proceeding relating to foreign exchange transactions
• Represented Japanese Trading Company before an international arbitral tribunal over breach of contract for development of military product
• Represented client in defense of claim for personal injury seeking over $20 million in damages. After successfully arguing pre-trial motions excluding certain evidence, a favorable settlement was obtained
• Represented multinational bank against third-party subpoena seeking records from the bank’s foreign branches
• Represent clients in connection with Argentina’s default of its sovereign debt
• Served as second chair for developer in mediation over $60 million dispute
• Represented client in investigation and enforcement of judgment against international debtor. Successfully seized debtor’s aircraft and its interest in its U.S. subsidiary
• Represented hedge fund in response to SEC informal investigation, the result of which was the SEC declining to file any charges against the client
• Represented client seeking recovery of property transferred through undue influence
• Represented client in defense of claim of adverse possession
• Represented individual clients seeking the recovery of down payments made in anticipation of new residential construction
• Represented pharmaceutical company in defense of drug-pricing actions brought by state attorneys general
• Served as arbitrator in Part 137 attorney-client fee disputes through the New York Joint Committee on Fee Disputes

Awards & Accolades

Mr. Patchen was selected by New York Super Lawyers (2014–2018) as a “Rising Star” in New York, NY.

Credentials

Education

• University of Pennsylvania Law School, 2003, Cum Laude
  • Symposium Editor for the Journal of International Economic Law
• Johns Hopkins University, 2000, Major: International Studies, Minor: Economics

Bar Admissions

• New York
• U.S. Court of Appeals for the Second Circuit
• U.S. Court of Appeals for the Federal Circuit
• U.S. District Court for the Southern District of New York
• U.S. District Court for the Eastern District of New York

Professional Affiliations

• President, Penn Law NYC Alumni Club
• Counselor to the President, Denis McInerney NYCLA American Inn of Court
• Member, Young Arbitrator’s Forum, International Chamber of Commerce
• Member, Commercial Litigator’s Forum

News & Publications

Media

• “ITC Judge Details Why Cannabis Cos. Beat IP Investigation,” Law360, 3/6/23
• “An Inventor’s Court Win Over Microsoft Took Years—at What Cost?” Bloomberg Law, 7/29/22
• “Fed. Circ. Upholds Inventor’s $7M Win Against Microsoft,” Law360, 5/20/22
• “Netflix, Hulu, Disney Hit With Video Streaming Patent Suits,” Law360, 10/19/21
• “Microsoft Hit With $7M Verdict For Infringing Database Patent,” Law360, 2/18/20
• “Google, Waze Hit With IP Suit Over Traffic Navigation Tech,” Law360, 2/22/16
• “The Pros and Cons of 5 Popular Alternative Fee Arrangements: AFAs are an Extension of the Partnership Between In-house and Outside Counsel,” InsideCounsel,8/10/12

Publications

• “Getting the Deal Through: Litigation Funding,” 2017-2020 editions (co-author of chapter on litigation funding in the United States)
• Assistant Editor of “Transnational Litigation: A Practitioner’s Guide,” Thomson Reuters 2012–2016

Speaking Engagements

• Panel Member: “Litigation Funding – Unethical or Leveling the Playing Field,” 4/23/15
• Panel Member: “Expert Witnesses,” 3/28/13
• Panel Member: “Oversight or Overreach: Judicial Approval of Administrative Settlement Agreements,” 2/23/12
• Panel Member: “Bigger is Better or the Mighty Casey Strikes Out? – The Lawyer and Damage Control,” 5/20/10
• Panel Member: “The Runaway Client,” 11/20/08
• Panel Member: “Is This Your Final Answer?: Giving Emergency Advice to Clients, Friend and Family,” Denis McInerney NYCLA American Inn of Court, 3/27/08