Chad A. Rutkowski

Partner

Philadelphia
T +1.215.564.8910
F +1.215.568.3439

Overview

Chad Rutkowski focuses his practice on intellectual property litigation and litigation counseling. With an extensive background in general commercial litigation, Chad's practice involves both contractual disputes involving intellectual property and the protection of intellectual property itself. Chad has handled litigation involving all aspects of intellectual property law as well as the enforcement of IP licensing rights. Chad has appeared before federal and state trial courts, private domestic and international arbitration panels, and has argued before the New Jersey Supreme Court and lower appellate courts. His experience in handling litigation has led him to develop a particular skill in enforcing the indemnification rights of clients, and he has helped create a unique program for coordinating those enforcement rights across multiple cases and multiple technology fields.

Chad complements his law practice by acting as the business manager for Throwaway Horse LLC, a digital media publisher that created the well-known Ulysses Seen website and iPad app. Chad studies the ways traditional intellectual property protections morph and adapt to address the unique issues posed by the web, mobile apps and other new media outlets, giving him a unique perspective on his clients' needs in the field of digital media and content delivery.

Select Experience

Digital Media and Content Delivery
  • Serves as intellectual property counsel for 2U, Inc., a rapidly expanding young company that provides distance learning platforms and services for prestigious higher education institutions. In addition to helping 2U protect its intellectual property platform, he has helped draft and review numerous complex licensing deals.
Intellectual Property Indemnification Recovery
  • Spearheaded the indemnification recovery efforts of a large wireless carrier in more than 100 patent infringement lawsuits since 2010. Helped develop processes to ensure timely notice and case updates to more than 200 potential indemnitors; established complex but transparent formulae for the allocation of responsibility across multiple technology fields; and increased both indemnitor tender acceptances and post-loss reimbursements for his client.
Intellectual Property Licensing Litigation
  • Obtained a high seven-figure settlement in a patent licensing dispute involving technology for the location of cell phone users over wireless networks.
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Experience

Digital Media and Content Delivery
  • Serves as intellectual property counsel for 2U, Inc., a rapidly expanding young company that provides distance learning platforms and services for prestigious higher education institutions. In addition to helping 2U protect its intellectual property platform, he has helped draft and review numerous complex licensing deals.
  • Helped the client reach a favorable settlement in a copyright infringement assertion against an advertising agency that created an auto dealership marketing campaign on YouTube.
  • Successfully negotiated the resolution of an infringement claim by Facebook against a client, a provider of webpage layout services that allows users to customize their Facebook pages.
Intellectual Property Indemnification Recovery
  • Spearheaded the indemnification recovery efforts of a large wireless carrier in more than 100 patent infringement lawsuits since 2010. Helped develop processes to ensure timely notice and case updates to more than 200 potential indemnitors; established complex but transparent formulae for the allocation of responsibility across multiple technology fields; and increased both indemnitor tender acceptances and post-loss reimbursements for his client.
  • Successfully defended multiple clients against indemnification assertions, including a supplier of equipment used in polishing and finishing semiconductor wafers and the supplier of voltage metering equipment.
Intellectual Property Licensing Litigation
  • Obtained a high seven-figure settlement in a patent licensing dispute involving technology for the location of cell phone users over wireless networks.
  • In Pharma Base S.A. v. HVL, Inc., pursued International Chamber of Commerce arbitration proceedings in London relating to a breach of an exclusive trademark license agreement for the licensee's asserted failure to properly promote and increase the value of the licensed trademark.

Recognitions and Memberships

Recognitions

  • Martindale-Hubbell: AV Preeminent
  • Pennsylvania "Super Lawyer" (2013 to 2014)
    • "Rising Star" (2010 to 2011)

Memberships

  • Copyright Society of the USA
    • Trustee and Executive Committee (2013 to present)
    • Philadelphia Chapter: former Chair (2012 to 2013)
  • Association of Media and Entertainment Counsel

Emerging Issues

Admissions

  • U.S. District Court, Eastern District of Pennsylvania
  • U.S. District Court, District of New Jersey
  • Pennsylvania
  • New Jersey

Education

  • J.D., Rutgers University School of Law, 1996
  • B.A., Rutgers University, 1993