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Courtland L. Reichman

Silicon Valley Office
Principal
Silicon Valley Office

255 Shoreline Drive
Suite 510
Redwood Shores, CA 94065
TEL: 650.394.1401
creichman@mckoolsmith.com

Courtland Reichman is the founding principal of McKool Smith Hennigan’s Silicon Valley office.  Mr. Reichman is a broadly-gauged trial lawyer with over 17 years of experience in high-exposure intellectual property and commercial litigation.  He has developed a reputation among clients for delivering results through comprehensive case strategy, boiling down even the most complex cases into understandable themes, and the ability to communicate with judges and juries.

Mr. Reichman’s intellectual property practice focuses on patent and Lanham Act litigation.  He also routinely handles other state and federal intellectual property and commercial matters, including antitrust, breach of contract, trade secrets, copyrights, franchise/distribution, restrictive covenants, and unfair competition.  Prior to joining McKool Smith, Mr. Reichman served as Global Chair of an AmLaw 30 law firm’s 150-lawyer intellectual property group, and Managing Partner of the firm’s San Francisco and Silicon Valley offices. 

Mr. Reichman’s appellate practice includes over 25 federal appellate arguments, including arguments before the U.S. Supreme Court and the Federal Circuit. He has been recognized by the National Law Journal as one of the top 40 under 40 lawyers in the U.S., and by Chambers USA as a leading intellectual property lawyer.

Mr. Reichman graduated, with honors, from Swarthmore College, with a degree in economics, after which he worked as an Associate Economist at the RAND Corporation, publishing a number of articles and a book involving labor economics. He later graduated Order of the Coif from Emory University School of Law where he was Managing Editor of the Emory Law Journal. Mr. Reichman served as a Law Clerk to The Honorable R. Lanier Anderson III on the Eleventh Circuit Court of Appeals.

Intellectual Property Litigation Practice

Mr. Reichman has extensive experience in patent litigation involving wide variety of technologies, including electrical engineering, medical devices, computer science, mechanical engineering, optics, digital television, software, life sciences, chemistry, health supplements, design patents, fluid dynamics, and polyurethane bags. He has litigated patent cases in federal courts across the country, and before the International Trade Commission (ITC), where his representation includes one of the largest ever ITC patent infringement actions. Mr. Reichman co-authored a monograph titled, “The ITC Or District Court: Where To Protect Your International Intellectual Property” (National Legal Center for the Public Interest, 2006).

Mr. Reichman also has a leading practice in trademark and false advertising litigation, having represented companies owning the world’s most valuable trademarks.  He has extensive experience litigating false advertising cases related to a wide variety of industries, such as pharmaceuticals, chemical engineering, consumer products, media, electronics, health, fitness, food, and beverages. Mr. Reichman has successfully handled dozens of temporary restraining order and preliminary injunction hearings.

Commercial Litigation Practice

Mr. Reichman has significant expertise in commercial litigation matters.  He has represented plaintiffs and defendants in a wide variety of high-exposure commercial litigation, including antitrust, franchise and distribution, whistleblower actions, breach of restrictive covenants, unfair competition, breach of contract, licensing, automotive dealer laws, as well as many other matters.  Mr. Reichman’s clients praise his ability to quickly master complex facts and laws with an eye toward effective communication to juries.

Representative Matters

Mr. Reichman has acted as lead counsel for such clients as The Coca-Cola Company, 3M, Gulfstream, Kemira, Merial, Cooper Industries, Dell, The Home Depot, Chattem, Wendy’s, The Atlanta Falcons, Waffle House franchisees, Popeye’s franchisees, Les Mills International (BodyPump®), and the City of Atlanta, as well as leading U.S. and Japanese motor vehicle manufacturers.  The following is a representative sample of his cases:

  • Lead trial counsel to 3M Company in a variety of patent cases, including litigation involving projection technology, medical devices, and optics. 
  • Mr. Reichman represented The Coca-Cola Company for over a decade on a wide range of intellectual property matters, including patents, trademarks, false advertising, and copyrights.  These matters include, among others:
    • Lead trial counsel in jury trial of patent claims involving vending machine. 
    • Lead trial counsel in patent litigation against Pepsi-Cola Company
    • Trial counsel in misappropriation of ideas, trade secrets, and fraud case. 
    • Trial counsel in multiple trademark, false advertising, and unfair competition matters. 
  • Lead trial counsel for General Motors and OnStar in patent litigation involving GPS systems.
  • Lead trial counsel for Gulfstream in patent litigation involving computer systems. 
  • Lead trial counsel for Kemira in patent litigation involving paper processing technology.
  • Lead trial counsel to Graywire in patent litigation involving optics technology. 
  • Lead trial counsel for Chattem in patent infringement litigation involving health supplements. 
  • Lead counsel for General Dynamics in patent and intellectual property matters. 
  • Lead trial counsel for well-known Japanese pharmaceutical company in patent and trade secret litigation.
  • Trial counsel for Scientific-Atlanta in multi-district patent litigation involving dozens of patents relating to digital set-top boxes. 
  • Lead trial counsel in Hilex Poly in patent litigation involving polyurethane bags.
  • Lead trial counsel to physician in arbitration of medical partnership dispute. 
  • Trial counsel to manufacturer of drug-eluting stents in patent litigation. 
  • Lead trial counsel for Merial in numerous false advertising and unfair competition for leading animal health company for over 15 years.  These engagements include, among others, cases against Wyeth, Bayer Healthcare, and Eli Lilly, and litigation involving Merial’s billion-dollar Frontline Plus® treatments for dogs and cats.  Cases litigated in district court, before the NAD, and in connection with the Federal Trade Commission. 
  • Lead trial counsel for Rockwood Industries and Viance in false advertising and unfair competition litigation involving “greenwashing” claims. 
  • Lead trial counsel to 3M Company in false advertising and unfair competition litigation involving “greenwashing” claim.
  • Lead counsel to 3M Company in false advertising litigation before the National Advertising Division of the Better Business Bureau. 
  • Lead trial counsel for GMAC companies in false advertising and unfair competition litigation. 
  • Lead trial counsel for Les Mills International in several cases and arbitrations involving trademark, false advertising, and unfair competition claims, successfully handling numerous motions for temporary restraining order and preliminary injunction.  
  • Lead trial counsel for Les Mills International in counterfeiting case.
  • Lead trial counsel for a Fortune 100 transportation company in numerous trademark and false advertising matters.
  • Lead trial counsel to well-known law firm in state and federal court in connection with claims of false advertising in television commercials. 
  • Lead trial counsel for Wendy’s in copyright and trademark case. 
  • Lead counsel to a leading Japanese motor vehicle manufacturer in multiple state dealer protest actions.
  • Represented a leading Japanese motor vehicle manufacturer in multi-district litigation involving its dealership network.
  • Lead trial counsel for U.S. and Austrian heavy equipment manufacturer in multiple cases involving breach of contract, trademark, false advertising claims and unfair competition.   
  • Lead trial counsel for JCB in multiple dealer termination cases. 
  • Lead counsel for Red Lion franchisees in franchise litigation. 
  • Lead counsel to Fortune 500 company in strategic restructuring of its franchised system. 
  • Lead trial counsel to largest Waffle House franchisee in franchise and trademark litigation against franchisor. 
  • Lead trial counsel in dozens of cases against state and federal authorities arising out of civil rights abuses; including historic judgments relating to prison abuse. 
  • Represented Robert Johnson, Jr. in arguments before the U.S. Supreme Court involving habeas corpus statute of limitations.
  • Represented the City of Atlanta in connection with its aggressive panhandling ordinance, including defending against constitutional challenges.

Professional & Community Activities

Mr. Reichman devotes a substantial portion of his practice to public interest matters. He has represented clients in pro bono litigation involving civil rights, indigent defense, and special appeals. Mr. Reichman founded an Indigent Defense Project, through which attorneys represented impoverished felony defendants in rural counties. He has handled numerous successful civil rights lawsuits addressing mistreatment in jails and prisons, including the beating death of a young inmate in South Georgia.

Mr. Reichman’s pro bono efforts include representing the Mayor’s Commission on Homelessness. He also represented the City of Atlanta in connection with its panhandling ordinance. In 2001, Mr. Reichman received the Anti-Defamation League’s (ADL) Young Lawyers Award for his commitment to secure justice and fair treatment for all people. Mr. Reichman’s pro bono work has been profiled by major media outlets, including CNN, and several newspapers and magazines. He was recently awarded Emory University School of Law’s first Distinguished Young Alumnus Award.

Mr. Reichman served as President of the Board of Directors of the Living Room, on the Board of Directors of the Southern Center for Human Rights, on the Board of Trustees of the New South Project, and as an Elder at Morningside Presbyterian Church.

Awards & Recognition

  • Named "IP Star" by Managing IP (2013)
  • Ranked in the Best Lawyers in America as a leading lawyer in Intellectual Property Litigation
  • Legal 500
  • Named one of world’s leading trademark lawyers by World Trademark Review
  • National Law Journal, top 40 under 40 lawyers in the U.S.
  • Chambers USA, one of the leading intellectual property lawyers in Georgia
  • “Legal Elite” by Georgia Trend Magazine
  • One of 10 Georgia lawyers predicted to make a mark on the profession by the Fulton County Daily Report
  • Super Lawyer by Georgia SuperLawyers magazine
  • “Rising Star” by Georgia SuperLawyers magazine, including profile of practice
  • Inaugural Distinguished Young Alumnus Award by Emory University School of Law
  • Anti-Defamation League’s (ADL) Young Lawyers Award for commitment to secure justice and fair treatment for all people

Articles

Mr. Reichman has published numerous articles and served as editor of the Franchise Law Journal. He also speaks regularly on a broad range of topics, including intellectual property and public interest matters. He has chaired both an annual seminar on franchising and distribution litigation, and various CLE seminars on complex civil procedure and false advertising. He has also chaired a CLE seminar on Hatch-Waxman litigation of generic patent challenges to branded pharmaceuticals, and led discussions on emerging issues in “greenwashing” false advertising litigation.

Mr. Reichman’s published articles and speaking engagements include:

  • Chair and speaker, LexisNexis Corporate Intellectual Property Conference 2012 in Guangzhou, China
  • Speaker, “Sidestepping the Litigious Consumer: Preparing for the Explosion of Class Action Lawsuits,” ACI 3rd Annual Conference on Litigating & Resolving Advertising Disputes, New York, New York (2012)
  • "Best Practices for Enforcing United States Trademark Rights," The Corporate Lawyer, Illinois State Bar Association, July 2009
  • "Trademark Enforcement in the United States," World Trademark Review, June/July 2009
  • “The ITC or District Court: Where to Protect Your International Intellectual Property,” monograph, National Legal Center for the Public Interest (2006)
  • “The Reality of Virtual Advertising: Legal Issues Abound as Technology Advances,” Metropolitan Corporate Counsel (February 2006)
  • “Franchising and Distribution Currents,” Franchise Law Journal (Spring 2005)
  • “Use and Abuse of Rule 30(b)(6) Depositions,” Complex Civil Procedures ICLE in Georgia (2005)
  • “Seeking Favorable Law, Franchisors Add Increasingly Complex Provisions,” National Law Journal (2004)
  • “Intellectual Property Enforcement in a Franchised System,” Franchising and Distribution Disputes ICLE in Georgia (2004)
  • “Franchising and Distribution Currents,” Franchise Law Journal (Summer 2004)
  • “The Supreme Court Dilutes the Federal Dilution Statute,” Franchise Law Journal (Summer 2003)
  • False Advertising Under the Lanham Act,” Franchise Law Journal (Spring 2002)
  • “Intellectual Property Enforcement,” Franchise And Distribution Disputes ICLE in Georgia (2002)
  • “Franchising and Distribution Disputes: State Statutory Law and Industry Specific Statutes,” Franchise and Distribution Disputes ICLE in Georgia (2001)
  • “Understanding the Value of Integration Clauses,” Franchise Law Journal (Spring 1999)
  • “Opposition Proceedings Are Alternative to Court: Actions In Foreign Patent Offices Allow For Cheaper and Faster Resolution of Validity Issues,” National Law Journal (1998).
  • “State and Federal Trademark Dilution,” Franchise Law Journal (Spring 1998)
  • “Franchising and Distribution Disputes: State Statutory Law and Industry Specific Statutes,” Franchise and Distribution Disputes ICLE in Georgia (1997)
  • “State and Federal Remedies for Abortion Protest: Discordance of First Principles,” Emory Law Journal (Spring 1995)