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Overview

Radu A. Lelutiu is a principal in McKool Smith’s New York office. He has a broad practice, with a special emphasis on the litigation and trial of patent, antitrust, and complex commercial disputes. He has litigated high-profile cases in federal and state courts around the country and in arbitral tribunals around the world.

Clients praise Radu as a “hard-working, efficient, no-nonsense” advocate who “is responsive, thinks strategically, and knows how to listen.” Opposing counsel praise Radu as a “consummate professional” who “keeps his eyes on the target, never picks fights, and doesn’t sweat the small stuff.” An experienced trial lawyer, Radu has received praise for his “efficient” and “impactful” direct examinations and “masterful” cross examinations.  

Radu received his legal education at Columbia Law School, where he was a Harlan Fiske Scholar. He received his undergraduate education (summa cum laude) at Hunter College, where he was elected to Phi Beta Kappa.

While in law school, Radu served as a judicial intern for Judge Robert A. Katzmann, U.S. Court of Appeals for the Second Circuit.

Radu is the author of “Managing Requests for Enforcement of Vacated Awards under the New York Convention,” 14 Am. Rev. Int’l Arb. 345 (2003), and a co-author (with Stephen Fraidin) of “Strategic Alliances and Corporate Control,” 53 Case W. Res. L. Rev. 865 (2003).

Prior to joining McKool Smith, Radu was an associate with Cravath, Swaine & Moore LLP.

Experience

Representative Matters

Patent litigation

  • Representation of Regeneron Pharmaceuticals, Sanofi, and affiliated entities in district court litigation involving their blockbuster product Dupixent® and parallel inter partes review (IPR) proceeding challenging a patent held by Immunex/Amgen claiming antibodies that target the interleukin-4 receptor. Following the invalidation of Immunex/Amgen’s patent in the IPR, the district court litigation was stayed pending appeal.
  • Representation of Novartis Pharmaceuticals and affiliated entities in district court litigation involving Novartis’s antiviral product Famvir®. Following a jury verdict upholding the validity of the Famvir® patents, the litigation settled.
  • Representation of Novartis Pharmaceuticals and affiliated entities in several district court litigations involving Novartis’s anti-hypertension product Lotrel®. The matters settled before trial.
  • Representation of ARIAD Pharmaceuticals, MIT, The Whitehead Institute, and Harvard in district court litigation enforcing patents covering the regulation of NF-kB, an important cellular signaling molecule.
  • Representation of BMC Software in two district court litigations against competitors. Both litigations settled before trial.
  • Representation of ContentGuard Holdings Inc., a Xerox PARC-seeded company, in four district court litigations and 40+ parallel IPR proceedings involving fundamental digital rights management patents.
  • Representation of Gemalto NV and affiliated entities in district court litigation involving fundamental patents that enable the use of the Java programming language on resource-constrained devices.
  • Representation of Qualcomm Incorporated in three district court litigations involving cellular and GPS technologies patents.
  • Representation of Bristol-Myers Squibb and Sanofi in district court litigation involving their blockbuster antiplatelet product Plavix®. Following the district court’s post-trial rejection of the defendant’s validity challenges, which was affirmed on appeal, the litigation settled on confidential terms.

Antitrust litigation

  • Representation of 17 independent servicers and refurbishers of anesthesia equipment in antitrust litigation against General Electric and affiliated entities. The representation resulted in a $131.4 million verdict and secured McKool Smith “Top 100 Verdict” and “Trial Group of the Year” awards.
  • Representation of Becton, Dickinson and Company (“BD”) in antitrust litigation brought by a competitor. After two trials, two appeals, and nearly a decade of litigation, BD secured a “take nothing” resolution.
  • Representation of Qualcomm Incorporated in an antitrust and unfair competition litigation brought by a competitor.
  • Representation of a manufacturer of laboratory equipment in an antitrust litigation brought by a competitor.

Complex commercial disputes

  • Representation of IBM in a precedent-setting litigation to enforce a non-competition agreement. The matter settled after a preliminary injunction issued in favor of IBM.
  • Representation of an inventor in a significant licensing arbitration. The matter resulted in an eight-figure award.
  • Representation of a leading chip designer and licensing company in a significant licensing arbitration. The representation resulted in a complete vindication of the client.
  • Representation of leading manufacturer of eye-care products and its Swiss parent in a licensing dispute worth billions of dollars. The representation resulted in a complete vindication of the clients.
  • Representation of Texas-based pharmaceutical company in a significant licensing arbitration. The matter settled before the merits hearing.
  • Representation of a leading law firm in a multi-forum litigation concerning the law firm’s ability to serve as counsel in a hostile M&A transaction.
  • Representation of a Mexican beer supplier in a dispute concerning an import contract worth billions of dollars. The representation resulted in a complete vindication of the client.
  • Representation of a Mexican industrial conglomerate in a dispute with a German joint venturer over corporate control.
  • Representation of the City of New York in litigation concerning taxation of line-of-duty injury compensation, resulting in the second largest tax refund in the city’s history and a modification to the Internal Revenue Code.
  • Representation of TimeWarner in numerous securities and ERISA litigations concerning accounting misstatements.
  • Representation of Huron Consulting in numerous securities and derivative litigations concerning accounting misstatements.

Recognition

Rankings & Honors

  • Recognized among Lawdragon's 500 Leading Plaintiff Financial Lawyers (2019)
  • Recognized as a "Rising Star" in New York by Super Lawyers, 2013-2014

Media & Events

Education

J.D., Columbia Law School

  • Harlan Fiske Stone Scholar, 2002-2003
  • Notes editor, Columbia Journal of International Law

B.A. summa cum laude, Hunter College

  • Phi Beta Kappa
  • Philosophy, Music, and Special Honors

Bar Associations

  • New York State Bar
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