Professional Summary
Mr. Alper has more than 30 years’ experience litigating complex intellectual property, business and corporate matters. He has represented clients as lead trial counsel in patent, trademark and copyright cases in Federal courts nationwide. Recently, Mr. Alper successfully tried a copyright infringement case in the U.S. District Court for the Eastern District of New York and then successfully defended that court's decision before the U.S. Court of Appeals for the Second Circuit in Well-Made Toy Mfg., Corp. v. Goffa International Corp., 354 F.3d 112 (2nd Cir. 2003). He was lead defense counsel in the trial of a patent infringement case in the U.S. District Court for the Southern District of New York involving the generic drug bupropion hydrochloride. The case was settled after trial and the firm's client is now marketing that drug. Most recently, as lead counsel for the defendant in a patent infringement case, he obtained the first Order by any District Court terminating the automatic 30-month stay of FDA approval of a drug company’s application to market a generic version of a brand name drug, owing to the brand name company’s failure to reasonably cooperate in expediting the suit. Dey LP v. IVAX, et al., 233 F.R.D. 567, 2005 U.S. Dist. LEXIS 31039, reconsideration denied, 2005 U.S. Dist. LEXIS 39475, 2005 WL 3578120 (C.D. Cal. 2005). Mr. Alper also has extensive experience litigating antitrust, corporate and other business matters in Federal and State courts.

In other actions, Mr. Alper successfully represented a death row prisoner when the State of Georgia appealed, from a District Court decision that the trial judge had violated the prisoner’s constitutional rights when he instructed the jury on the issue of whether the defendant had the intent necessary to commit the crimes of which he was accused. Bowen v. Kemp, 832 F.2d 546 (11th Cir. 1987), en banc.

Education
B.A., Yale University, 1969
J.D., Columbia University, 1973

Admissions
U.S. District Courts for the Southern and Eastern Districts of New York and the Western District of Wisconsin
U.S. Courts of Appeals for the Second, Eleventh and Federal Circuits
U.S. Supreme Court

Memberships
American Bar Association

Articles
“How Seagate has reshaped patent litigation practices,” Managing Intellectual Property

“Keep It Candid at the USPTO,” Managing Intellectual Property - International Briefing

“Potential Competition: An Idea Whose Time has Passed,” Brooklyn Law Review

Decisions
In re Metoprolol Succinate Patent Litigation, No. 2006-1254 (Fed. Cir. July 23, 2007).

Savient Pharmaceuticals, Inc. v. Sandoz, Inc., No. 2007-1081, 2007 U.S. App. LEXIS 2800, 2007 WL 419358 (Fed. Cir. Jan. 25, 2007) (order dismissing proceeding).

Dey LP v. IVAX Pharm. Inc., 233 F.R.D. 567 (C.D. Cal. 2005).

Well-Made Toy Mfg., Corp. v. Goffa Int'l Corp., 354 F.3d 112 (2d Cir. 2003).

Well-Made Toy Mfg., Corp. v. Goffa Int'l Corp., 210 F. Supp. 2d 147 (E.D.N.Y. 2002).

Glaxo Wellcome Inc., v. Eon Labs Mfg., Inc., No. 00-Civ-9089, 2002 U.S. Dist. LEXIS 14950, 2002 WL 1874831 (S.D.N.Y. Aug. 13, 2002).

Valmet Paper Mach. Inc. v. Beloit Corp., 105 F.3d 1409 (Fed. Cir. 1997).

Godinger Silver Art Co., Ltd. v. Int'l Silver Co. Inc., No. 95-Civ-9199, 1995 U.S. Dist LEXIS 17696, 1995 WL 702357 (S.D.N.Y. 1995).