Joe Akalski advises clients on patent litigation, IP counseling, and diligence.

Mr. Akalski represents clients in a broad range of technical fields including software, computing systems, manufacturing equipment and processes, mechanical arts, medical devices, and biotechnology.

He has represented clients in district court, the United States International Trade Commission, and before the Patent Trial and Appeal Board in patent litigation actions involving technologies including:

  • Connected fitness systems and devices
  • Cellular phone technology
  • Medical devices
  • Biotechnology diagnostic tests

Mr. Akalski maintains an active pro bono practice including representing incarcerated individuals in federal district court in civil matters related to excessive force and First Amendment Claims.

He is a member of the ITC Trial Lawyers Association (ITCTLA) and has coached middle school mock trial teams as part of the annual Thurgood Marshall Junior Mock Trial Competition in New York.

Prior to attending law school, Mr. Akalski was a computer systems consultant focusing on the development and improvement of custom system functionality and the enhancement of ERP systems.

Accolades

  • Rising Star
    New York Super Lawyer 2016-2019

Mr. Akalski’s experience includes representing:

  • Peloton in several patent infringement actions in district court and the International Trade Commission relating to connected fitness systems and devices and in related actions before the Patent Trial and Appeal Board (cases settled following favorable claim construction and inter partes review decisions)
  • Polychem, LLC in defense against patent infringement allegations and motion for preliminary injunction relating to battery operated strapping tools
  • Avadel CNS Pharmaceuticals, LLC in defense against patent infringement allegations relating to controlled release technology  
  • Abbott Laboratories and Abbott Diabetes Care Inc. in defense of patent infringement allegations relating to continuous glucose monitoring systems
  • Ciena Corporation in defense of patent infringement allegations relating to automatic provisioning technology (case was dismissed after filing of motions to dismiss)   
  • Fujifilm in a patent infringement investigation relating to magnetic tape cartridges*
  • Seamless in a patent infringement action involving internet-based ordering system*
  • Samsung in defense against allegations of patent infringement relating to mobile phone technologies*
  • Red Bend Ltd. in a patent infringement action relating to updating computer programs*
  • IBM Corporation in a patent infringement action concerning database, spreadsheet, and integrated development environment (IDE) technology*
  • Nokia Corporation in a patent infringement investigation relating to smart phone and transceiver technology*
  • Nokia Corporation in a patent infringement investigation relating to mobile hardware and software*
  • Enzo Biochem in several patent infringement actions relating to nucleic acid based analytical and diagnostic products*
  • Kinetic Concepts Inc. in a declaratory judgement action concerning patents relating to wound care and wound care devices*
  • Walker Digital in a patent infringement action relating to lottery systems*

*Matter handled prior to joining Latham

Bar Qualification

  • Connecticut
  • New York
  • US Patent and Trademark Office

Education

  • BS in Computer Science & Mathematics, Iona College
  • JD, Fordham University School of Law
  • MS in Computer Science, Iona College