Profile
Barry Horwitz’s practice spans all traditional areas of intellectual property law, and includes an emphasis on patent, copyright, trade secret, and trademark counseling and litigation. His litigation experience includes preparing pleadings, all aspects of discovery, successfully briefing/arguing various motions and summary judgment, trial, and appeals. Barry second-chaired a design patent, copyright, and trademark lawsuit through to trial and a seven-figure jury verdict, and has successfully briefed and argued two appeals before federal circuit courts. Barry has also represented leading manufacturers of consumer electronics products and mobile devices in patent litigation in several U.S. District Courts and before the International Trade Commission.
His diverse experience outside of litigation includes managing patent, trademark, and copyright portfolios; handling trademark oppositions and cancellations before the Trademark Trial and Appeal Board at the U.S. Patent and Trademark Office; advising clients on the clearance and selection of trademarks; and prosecuting foreign and domestic patent, trademark, and copyright applications. Barry continues to prosecute patent applications in a variety of fields, and his brand management experience includes trademark, domain name, and copyright counseling and enforcement for clients in a wide array of industries.
Barry has also drafted and negotiated many types of intellectual property agreements, including sale and acquisition agreements, licenses, assignments, releases, and concurrent use and service agreements.
Concentrations
- Patent, trademark, copyright, and trade secret litigation
- Trademark clearance and selection
- Domestic and foreign trademark oppositions/cancellations and prosecution
- Copyright registration and enforcement
- Preparation and negotiation of licenses
Capabilities
Experience
- Represented a leading consumer electronics manufacturer in the International Trade Commission on claims of patent infringement involving LCD technology.
- Represented an electronics manufacturer in the International Trade Commission against claims of patent infringement relative to servo technology in optical disc drives.
- Obtained summary judgment for a prominent domain name registrar in a trademark infringement and cybersquatting case.
- Represented foreign playwright in copyright infringement matter over an award-winning play.
- Managed the trademark portfolios of two Fortune 500 retailers, a local brewer, and the nation’s leading crafts supply wholesaler.
- Briefed and argued an appeal to the Federal Circuit on applicability of forum non conveniens to intellectual property lawsuits, resulting in precedential decision in client’s favor.
- Second-chaired a lawsuit asserting design patents, copyrights and a common law trademark through all aspects of litigation and trial to a $3.5 million jury verdict.
Recognition & Leadership
- Listed, Leading Lawyers Network, 2023-2024
- Listed, Emerging Lawyer, 2022
- Recognized, International Trademark Association, "High-Performing INTA Committee Member," 2022
- Team Member, a U.S. News - Best Lawyers® "Law Firm of the Year" in Trademark Law, 2020, 2022
- Recipient, Award for Excellence in Pro Bono Service, United States District Court for the Northern District of Illinois and the Chicago Chapter of the Federal Bar Association, 2017
- Recipient, "Ambassador of the Year Award," Legal Assistance Foundation of Metropolitan Chicago, Young Professionals Board, December 2015
- Recipient, "YPB Corporate Ambassador Award," Legal Assistance Foundation of Metropolitan Chicago, Young Professionals Board, December 2014
- Recipient, "New Leader Initiative Award," Legal Assistance Foundation of Metropolitan Chicago, Young Professionals Board, December 2014
- Member, Governing Board, Legal Aid Chicago, 2020-Present
- Co-Chair, Ambassador's Board, Legal Aid Chicago, 2018-2019
- Co-Chair, Outreach Committee, 2015-2017
- Member, International Trademark Association
- Young Practitioners’ Committee, 2014-2017
- Trademark Reporter Committee, 2018-Present
- Senior Editor, 2023-Present
Credentials
- J.D., Northwestern Pritzker School of Law
- B.S., Electrical Engineering, University of Illinois at Urbana-Champaign
- Illinois
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the Seventh Circuit
- U.S. District Court for the Northern District of Illinois
- U.S. Patent and Trademark Office