Preetha Chakrabarti is an associate in Crowell & Moring's New York office and is a member of the firm's Intellectual Property and Environment & Natural Resources groups. Preetha's intellectual property practice consists of patent litigation, with an emphasis on representing generic pharmaceutical companies in litigation under the Hatch-Waxman Act, as well as matters related to trademark infringement, including opposition proceedings with the Trademark Trial and Appeal Board (TTAB). Preetha also performs due diligence relating to intellectual property issues in corporate transactions and assists clients with trademark clearance and the filing of trademark and patent applications with the U.S. Patent and Trademark Office (USPTO) in a variety of industries, ranging from software to apparel, fashion, retail, luxury, beauty, and wearable technology. In particular, Preetha advises clients in the retail and fashion industries on how best to manage risks when using and developing intellectual property. Preetha's experience with the Environment & Natural Resources Group includes assisting clients with regulatory issues arising under the Administrative Procedure Act, TSCA, FIFRA, CERCLA, the Federal Food, Drug and Cosmetic Act (FFDCA), and various federal and state environmental laws.
Representative Engagements
- Spark Networks USA, LLC v. Smooch Labs, Inc., No. 14-cv-9027 (S.D.N.Y.) (represented plaintiff in patent and trademark infringement action).
- LifeNet Health v. Lifecell, No. 13-cv-00486 (E.D. Va.) (represented plaintiff in patent infringement action involving a tissue graft patent as part of a litigation team that obtained a jury verdict of over $34 million).
- Pfizer Inc. et al. v. Actavis Laboratories FL, Inc., No. 11-cv-914 (D. Del.) (represented Actavis in a patent infringement case concerning Actavis’ ANDA for a generic version of Embeda® (morphine sulfate and naltrexone hydrochloride)).
- Takeda Pharmaceutical Co., Ltd. et al. v. Handa Pharmaceuticals, LLC and Par Pharmaceutical, Inc., No. 11-cv-840 (N.D. Cal.), and Par Pharmaceutical, Inc. and Handa Pharmaceuticals, LLC v. Takeda Pharmaceutical Co., Ltd. et al., 13-cv-1927 (N.D. Cal.) (represented Handa and Par in patent infringement cases concerning Par’s ANDA for a generic version of Dexilant® (dexlansoprazole)).
Preetha's pro bono practice includes cases involving immigration, family, and employment law, as well as IP counseling for non-profit entities. Preetha also successfully represented Sandra Avery, a woman sentenced to life in prison for a non-violent, low-level drug crime, who sought commutation of her sentence from President Obama, reducing her life sentence to time served. Sandra was one of the 95 non-violent drug offenders to whom President Obama granted clemency in December 2015. In recognition of her pro bono contributions, Preetha received the firm’s 2015 George Bailey Award.
Preetha received her J.D. from Fordham University School of Law in 2012, where she graduated magna cum laude, was a Stein Scholar for the Public Interest and a notes & articles editor for the Environmental Law Review. While in law school, Preetha worked as an extern for the Legal Aid Society in New York and the U.S. Attorney's Office, Criminal Division, Southern District of New York. During her final semester of law school, Preetha participated in LawWithoutWalls, a part-virtual collaboratory that develops problem-solving and project management business skills necessary to provide effective legal services in today's global, multi-disciplinary, and cross-cultural marketplace. Preetha's group placed first in key presentation categories, and overall, the group was one of three finalists.
Prior to joining Crowell & Moring, Preetha worked as a science teacher and administrator at both private and public schools in the New York City metropolitan area. She received her B.A., cum laude, in biology and classics from Brown University and an M.A. from Columbia University, Teachers College, in secondary science education.
Affiliations
Admitted to practice: New York, New Jersey, U.S. District Court for the Southern District of New York, U.S. District Court for the Eastern District of New York, U.S. District Court for New Jersey, U.S. Court of Appeals for the Federal Circuit
Memberships
- New York City Bar Association (Member, Fashion Law Committee, 2015-2018 term; Member, Environmental Law Committee, 2017-2020 term)
- New York Intellectual Property Law Association (Member, Legislative Action Committee, Young Lawyers' Committee)
- Leadership Council on Legal Diversity, (Pathfinder Program, 2015; 1L Mentor, 2016)
- American Bar Association, Intellectual Property Law, Environmental, Energy and Resources Law, and Science & Technology Committees
- Intellectual Property Owners Association (IPO) (Member, Emerging Companies Committee, 2016-2017 term)
- Fordham University School of Law, Stein Alumni Advisory Board (Member)
- New York Foundling (Junior Board Member)
- Urban Assembly School for Criminal Justice (Advisory Board Chair)
- LawWithoutWalls (Participant, 2012; Alumni Advisor, 2017)
Awards
Empire State Counsel for Pro Bono Service, 2013, 2014, & 2015
Legal Aid Society’s Pro Bono Publico Award, 2016
Highlights, News & Knowledge
Speeches & Presentations
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"Printer Cartridges & Cheerleading Uniforms: What the Key 2017 IP Supreme Court Decisions Mean for Apparel Companies," Webinar
(July 27, 2017).
Presenters: Anne Elise Herold Li and Preetha Chakrabarti.
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"Networking Skills for Women," FWA Pacesetters Program, New York, NY
(May 4, 2017).
Moderator: Linda Lerner; Panelist: Preetha Chakrabarti.
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"Corporate Responsibility: Child Labor and Sustainability: Overview of International Treaties and U.S. Laws Affecting Child Labor and Sustainability Issues," Federal Bar Association's 2017 Fashion Law Conference, New York, NY
(February 10, 2017).
Panelist: Preetha Chakrabarti. Moderator: Frances P. Hadfield.
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"Sustainability, Corporate Responsibility and Philanthropy in the Fashion Industry," New York City Bar Fashion Law Committee Meeting, New York, NY
(January 17, 2017).
Moderator: Preetha Chakrabarti.
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"The Changing Landscape of Internal Investigations," OOPS 2015, Crowell & Moring's 31st Annual Ounce of Prevention Seminar, Washington, D.C.
(May 5-6, 2015).
Moderator: Gail D. Zirkelbach; Panelists: Justin P. Murphy, Preetha Chakrabarti, and Jason C. Lynch.
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"The Fusion of Fashion and Technology: The Emerging Legal Landscape for the Fashion Industry in the Digital Media Age," Crowell & Moring and Volunteer Lawyers of the Arts Program, New York, NY
(February 17, 2015).
Moderator: Preetha Chakrabarti; Speakers: Cheryl A. Falvey and Lora A. Moffatt.
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"Life as a Young IP Associate: Managing the Non-Legal Aspects of Your Practice," NYIPLA Young Lawyers Committee Panel
(October 29, 2013).
Panelist: Preetha Chakrabarti.
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"Alternative Courts on the Brain: Psychologically Based, but Are They Sound?" LawWithoutWalls ConPosium 2012, University of Miami School of Law
(2012).
Presenter: Preetha Chakrabarti.
Publications
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"The New Standard for Copyright Protection Of Useful Articles: Star Athletica And Its Impact On The 3-D Printing Industry," Bloomberg BNA's Patent, Trademark and Copyright Journal
(July 14, 2017).
Authors: Preetha Chakrabarti, and James K. Stronski
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"A-F-F-I-R-M-E-D! The Supreme Court Upholds Copyright Protection for Cheerleading Uniform Designs," Crowell & Moring's Retail & Consumer Products Law Observer
(March 23, 2017).
Author: Preetha Chakrabarti.
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"Not So Fast: Ex-Goldman Sachs Employee’s Conviction For Stealing Source Code Reinstated ," Crowell & Moring's Trade Secrets Trends
(January 25, 2017).
Authors: Preetha Chakrabarti, Anne Elise Herold Li, and James K. Stronski.
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"How TSCA Modernization May Harm Innovation, And What Companies Can Do In Response," Bloomberg BNA Daily Environment Report
(October 26, 2016).
Authors: Warren Lehrenbaum and Preetha Chakrabarti.
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"Beauty with a Side of Mercury?" Crowell & Morning's Retail & Consumer Products Law Observer
(July 27, 2016).
Authors: Michelle Gillette and Preetha Chakrabarti. Also published by the ACC New York City Chapter.
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"United States v. Nosal: Keep Your Friends Close, but Your Passwords Even Closer," Crowell & Moring's Trade Secrets Trends
(July 18, 2016).
Authors: Stephen M. Byers, Mark Romeo, Preetha Chakrabarti, and Joanne Oleksyk.
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"Managing Cybersecurity: What the Mining Industry Should Know and Do," The Conveyor
(Winter 2016).
Co-Authors: Evan Wolff, Maida Oringher Lerner, Preetha Chakrabarti, and Willa Perlmutter.
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"Santa's 10 Considerations for Maintaining Trade Secrets at the North Pole," Crowell & Moring's Trade Secrets Trends
(December 24, 2015).
Authors: Jan-Diederik Lindemans, Anne Elise Herold Li, and Preetha Chakrabarti.
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"Vroom vroom! Mercedes v Ferrari-bound Engineer," Crowell & Moring's Trade Secrets Trends
(December 14, 2015).
Authors: Preetha Chakrabarti and Jan-Diederik Lindemans.
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"Congress Brings Warranties Into the Internet Age," Law360
(October 2, 2015).
Authors: Scott L. Winkelman and Preetha Chakrabarti.
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"Paper Warranties a Thing of the Past?" Crowell & Moring's Retail & Consumer Products Law Observer
(September 15, 2015).
Authors: Scott L. Winkelman and Preetha Chakrabarti.
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"R-E-V-E-R-S-A-L Spells Reversal! The Sixth Circuit Holds Varsity Brands' Cheerleading Uniform Designs to be Copyrightable," Crowell & Moring's Retail & Consumer Products Law Observer
(September 10, 2015).
Authors: Lora A. Moffatt and Preetha Chakrabarti.
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"Value is in the Eye of the Court: Eighth Circuit Affirms Macquarie Bank's Misappropriation of Trade Secrets, Resolving Longstanding Dispute," Crowell & Moring's Trade Secrets Trends
(July 22, 2015).
Authors: Mark A. Klapow and Preetha Chakrabarti.
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"Cyberattacks Could Strike Gold In Mining Industry Data," Law360
(June 19, 2015).
Authors: Evan D. Wolff, Maida Oringher Lerner, and Preetha Chakrabarti.
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"The Mining Law Monitor," Crowell & Moring Publication, Vol. 28, Issue 1
(Summer 2015).
Editor: Daniel W. Wolff; Authors: Thomas P. Gies, Christopher Calsyn, Edward M. Green, Sherrie A. Armstrong, Evan D. Wolff, Maida Oringher Lerner, and Preetha Chakrabarti.
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".Sucks to Be You?" Crowell & Moring's Retail & Consumer Products Law Observer
(March 31, 2015).
Co-Authors: Dickerson M. Downing and Preetha Chakrabarti.
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"Environmental Challenges in Midstream Infrastructure Development: What Is The Proper Scope of Review for Midstream Projects Under NEPA?" Annual Midstream Conference, Institute for Energy Law, Houston, TX
(December 4, 2014).
Co-Authors: John C. Martin and Preetha Chakrabarti.
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"Home Rule: The Grass-Roots Story That Will Shape the Hydraulic Fracturing Map," Bloomberg BNA Daily Environment Report
(October 24, 2013).
Co-Authors: Jeffrey A. Smith, Danielle Sugarman, and Preetha Chakrabarti.
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"Sustainability Disclosure: Proxy Exclusion & The Impact of SEC's Decision In PNC Financial," Washington Legal Foundation, Contemporary Legal Note Series, No. 72
(May 2013).
Co-Authors: Jeffrey A. Smith, Danielle Sugarman, and Robert J. Stein; Research Assistant: Preetha Chakrabarti.
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"Walking The Virtual Line: A Guide For New York Trial Lawyers Conducting Jury Research Using Social Media," Crowell & Moring's E-Discovery Law Insights
(January 14, 2013).
Co-Authors: Preetha Chakrabarti and Justin P. Murphy.
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"Dodd-Frank and the Environment: From the Belly of the Trojan Horse," Environmental Liability - Law, Policy and Practice, Vol. 20, Issue 4
(2012).
Co-Authors: Jeffrey A. Smith, Danielle Sugarman, and Robert J. Stein; Research Assistant: Preetha Chakrabarti.
Client Alerts & Newsletters
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"TSCA Inventory Reset Rule,"
Government Contracts Bullet Points
(June 29, 2017).
Contacts: Warren Lehrenbaum, Preetha Chakrabarti
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"EPA Releases the Final TSCA Inventory Reset Rule ,"
Environment & Natural Resources Law Alert
(June 28, 2017).
Contacts: Warren Lehrenbaum, Preetha Chakrabarti
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"Supreme Court Upholds Federal Circuit's Holding That Trademark Disparagement Rejections Are Unconstitutional,"
IP Insights
(June 19, 2017).
Contact: Preetha Chakrabarti
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"UPDATE: EPA Intends to Postpone Effective Date of Nano Rule,"
Environment & Natural Resources Law Alert
(May 10, 2017).
Contacts: Warren Lehrenbaum, Peter Gray, John D. Conner, Jr., Preetha Chakrabarti
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"EPA Issues New Reporting Rule for Nanoscale Materials ,"
Environment & Natural Resources Law Alert
(January 12, 2017).
Contacts: Warren Lehrenbaum, Preetha Chakrabarti
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"EPA Announces the First Ten Chemicals for Risk Evaluation Under the "New TSCA","
Environment & Natural Resources Law Alert
(November 30, 2016).
Contacts: Warren Lehrenbaum, Preetha Chakrabarti
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"This Month in International Trade - July 2016,"
International Trade Bulletin
(August 4, 2016).
Contacts: John B. Brew, Frances P. Hadfield, Edward Goetz, Charles De Jager, David (Dj) Wolff, Paul Davies, Gordon McAllister, Benjamin Blase Caryl, Adrian Jones, George D. Ruttinger, Edward Norman, Diego Noesen, Flip Petillion, Jeffrey L. Poston, Emmanuel Plasschaert, Jeane A. Thomas, Evan D. Wolff, Frederik Van Remoortel, Cari N. Stinebower, Carlton Greene, Mariana Pendás, Jeffrey L. Snyder, Jenny E. Cieplak, Matthew B. Welling, Daniel Cannistra, Alexander H. Schaefer, Ian A. Laird, Eduardo Mathison, James (J.J.) Saulino, Warren Lehrenbaum, Preetha Chakrabarti
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"New Legislation Dramatically Alters Chemical Regulation in the U.S.,"
Environment & Natural Resources Law Alert
(July 22, 2016).
Contacts: Warren Lehrenbaum, Preetha Chakrabarti
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"EU Proposing REACH Restrictions on Certain Substances In Textiles and Apparel,"
Advertising & Product Risk Management Alert
(July 13, 2016).
Contacts: Warren Lehrenbaum, Grégoire Ryelandt, Preetha Chakrabarti
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"The Federal Circuit Does Not Limit Venue in Patent Cases. Next Stop: Congress? ,"
IP Insights
(May 5, 2016).
Contacts: Mark A. Klapow, Preetha Chakrabarti
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"R-E-V-E-R-S-A-L Spells Reversal! The Sixth Circuit Holds Varsity Brands’ Cheerleading Uniform Designs to be Copyrightable,"
Advertising & Product Risk Management Alert
(May 2, 2016).
Contact: Preetha Chakrabarti
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"Trade Dress Protection for the Layout of a Medical Report? Maybe!,"
Advertising & Product Risk Management Alert
(April 8, 2016).
Contacts: David Ervin, Anne Elise Herold Li, Preetha Chakrabarti
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"All Revved Up: Mercedes Sues Ferrari-Bound Former Engineer for Misappropriation of Trade Secrets and Confidential Information,"
Trade Secrets Alert
(December 14, 2015).
Contacts: Mark A. Klapow, Jan-Diederik Lindemans, Preetha Chakrabarti
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"Back to the Future: Manufacturers' Warranties May Go Digital with Updates to the Magnuson-Moss Warranty Act,"
Advertising & Product Risk Management Alert
(September 2015).
Contacts: Scott L. Winkelman, Preetha Chakrabarti
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"Brand Protection on the Internet: Ninth Circuit Decision Reconsiders Doctrine of Initial Interest Confusion,"
Advertising & Product Risk Management Alert
(July 2015).
Contacts: Christopher A. Cole, Preetha Chakrabarti
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"Managing Cybersecurity: What the Mining Industry Should Know and Do,"
Mining Law Monitor
(Summer 2015).
Contacts: Evan D. Wolff, Maida Oringher Lerner, Preetha Chakrabarti
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"Sunrise Period Opens Today for .sucks Top Level Domain,"
TLDs & Domain Names Alert
(March 30, 2015).
Contact: Preetha Chakrabarti
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"EPA Proposes New Regulations for Nanoscale Materials in Commerce,"
Environment & Natural Resources Law Alert
(March 27, 2015).
Contacts: Cheryl A. Falvey, Warren Lehrenbaum, Preetha Chakrabarti
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"New Year, New Congress, Same Patent Reform Legislation,"
IP Insights
(February 6, 2015).
Contacts: Mark A. Klapow, Anne Elise Herold Li, Preetha Chakrabarti
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"Expect Increased Scrutiny from the USPTO Regarding Trademark Use Claims,"
(August 13, 2014).
Contact: Preetha Chakrabarti
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"The Federal Circuit's New Factor For Induced Infringement Escapes Rehearing En Banc and Creates Significant Uncertainty In Certain Patent Cases,"
IP Insights
(November 22, 2013).
Contact: Preetha Chakrabarti
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"Federal Circuit Advisory Council Provides Unofficial Guidance to Further Streamline Patent Litigation,"
IP Insights
(August 20, 2013).
Contact: Preetha Chakrabarti
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