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Joseph Drayton

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A first-chair trial lawyer, Joe Drayton has represented some of the nation’s most prominent companies across a wide array of industries in all facets of intellectual property (IP) litigation before both state and federal courts, as well as the International Trade Commission and American Arbitration Association.

Joe has more than two decades of experience specializing in both domestic and international intellectual property and complex commercial disputes, including patent, trade secrets, copyright, trademark and trade dress and false advertising across diverse industries. He also counsels clients in all aspects of IP acquisition, transfer, protection and enforcement.

Joe is a trusted advisor for several corporate executives and a national leader in the legal community. He is regularly recognized as one of the top lawyers in the U.S., having consistently been named to the IAM Patent 1000 list. Most recently, Joe received the C. Francis Stadford Award by the National Bar Association, the highest award bestowed by the association that is given to a member whose leadership, integrity, legal skills and devotion have inspired colleagues and contributed greatly to the legal profession. A longtime bar leader, Joe served as the 76th president of the National Bar Association and is also a former vice president and Board chair of the New York City Bar Association.

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A recent Patent Trial and Appeal Board decision related to hybrid quantum computing paves the way for more quantum computing-related patents, and potential litigation.  

Quantum computing is an important and evolving form of computing that has yet to be truly realized. Classical computing is, fundamentally, governed by the ability to store information in a bit, a binary unit represented by a one or a zero. In contrast, quantum computing is governed by a quantum bit, or qubit, which can represent an infinite, continuous number of possible states. For example, while 2 bits can store four combinations (00, 01, 10, or 11), 2 qubits can store all four combinations simultaneously. Hybrid quantum-classical computing (“HQC”) involves using both quantum computing and classical computing together in a system for one to address the shortcomings of the other. At its core, both types of computing are well known and rely on mathematical concepts making patent claims on a HQC highly susceptible to patent ineligibility attacks.

Mirror Worlds Technologies, LLC (“Mirror Worlds”) sued Meta Platforms, Inc. (“Meta”)—formerly Facebook, Inc.—in the Southern District of New York for patent infringement. The lawsuit involved three patents related to storing, organizing, and presenting data in time-ordered streams. These patents purportedly introduced a unique method for automatically storing documents in chronological order with timestamps. Mirror Worlds accused several Facebook features, including the News Feed, Timeline, and Activity Log, of infringing these patents.

patent denial

On the heels of the rescission of the Fintiv guidance memorandum, the U.S. Patent and Trademark Office has again reshaped the PTAB’s approach to discretionary denials. On March 26, 2025, the Acting Director issued a new memorandum that fundamentally changes how the PTAB will handle inter partes review and post grant review petitions

In today’s rapidly evolving business landscape, mergers and acquisitions (“M&A”) remain a common strategic priority for companies aiming to grow, innovate, or strengthen their market position. However, the complexity of these transactions necessitates meticulous preparation and due diligence. Patent due diligence is a critical component of the intellectual property (“IP”) due diligence process in M&A deals, particularly for tech centric businesses. Overlooking this step can lead to substantial legal and financial repercussions post-transaction.

A recent precedential decision by the Federal Circuit in Apple Inc v. Gesture Technology Partners, LLC, decided on March 4, 2025, has affirmed the Patent And Trial Appeal Board’s inter partes review (IPR) mixed ruling on appeal. The IPR relates to U.S. Patent No. 7,933,431 titled “Camera Based Sensing in Handheld, Mobile, Gaming, or Other Devices,” issued to Gesture Technology Partners, LLC (“GTP”). The Board’s final written decision had found all claims unpatentable, except claims 11 and 13. Apple appealed as to claims 11 and 13 and GTP cross-appealed as to the remaining claims. This blog post gives an overview of the recent decision and provides some reminders and takeaways for litigation and IPR counsel-alike.

The legal battle between Harvard and 10x Genomics, and Vizgen Inc. came to a halt the other day, February 6, 2025, when the parties notified Judge Matthew F. Kennelly they had reached a settlement. This comes after three days of intense trial in the District of Delaware. Harvard and 10x filed suit against Vizgen back in April of 2022 alleging it was infringing on a series of Harvard’s patents dedicated to gene-mapping technologies. Vizgen counter-claimed that Harvard breached the implied covenant of good faith and fair dealing, violated the warranties it made in the Vizgen licensing agreement, and negligently misrepresented those warranties to induce Vizgen to enter the agreement. Vizgen also claimed that 10x tortiously interfered with its business relationships, the parties violated antitrust statutes, and sough a declaratory judgment declaring the patents invalid. The original licensing deal was with ReadCoor, a company acquired by 10x that was co-founded by Harvard Medical School professor and named inventor on the patents-in-suit, George Church.