Photo of Steven P. Hollman

Steven P. Hollman

Partner
Washington, DC
T: 202.747.1941
F: 202.747.3912

Education

  • J.D., University of Virginia School of Law, 1983
  • A.B., Harvard College, 1980, magna cum laude
  • District of Columbia
  • Maryland
  • U.S. Court of Appeals, Federal Circuit
  • U.S. Court of Federal Claims
  • U.S. District and Bankruptcy Court, District of Columbia
  • U.S. District Court, District of Maryland
  • U.S. Supreme Court
Overview
Honors
Experience
Thought Leadership
Memberships

Steven P. Hollman is a partner in the Business Trial Practice Group in the firm's Washington D.C. office.

Areas of Practice

Steven P. Hollman has jury-tried patent, trademark, and advertising cases over his 30 plus year career and has successfully tried section 337 patent and trademark investigations before the ITC. Mr. Hollman has handled numerous labeling and advertising disputes for major food companies, including class action advertising litigation, and for pharmaceutical innovators and Life Sciences companies. He also has put his advocacy skills to use arguing successfully before the Court of Appeals for the Federal Circuit.

In addition to his IP practice, Mr. Hollman has handled computer, internet, telecommunications and high-technology disputes, health provider, health-insurance and CMS conflicts, professional negligence matters, real estate and land use disputes, and employment litigation. Steve's vibrant pro bono practice has included a broad range of civil rights and constitutional law cases involving claims under the First, Fifth and Fourteenth Amendments to the Constitution, the Voting Rights Act, the National Environmental Policy Act, the Administrative Procedure Act, Title VI, and federal immigration laws. He has been President of the Court of Federal Claims Bar Association, a member of the Board of Governors of the Federal Bar Association for Maryland and a Co-Chair of the Washington Lawyers' Committee for Civil Rights and Urban Affairs. He is a Fellow of the American Bar Foundation.

Honors

  • Leading Individual, World Trademark Review, 2017
  • Top-rated lawyer in IP, 2012-16
  • IP Super Lawyer, Super Lawyers, 2013-16
  • Martindale Hubbell AV Preeminent Rating, 2000-2016
  • IP Star, Managing IP Magazine

Experience

Patent

Invalidated Eveready alkaline battery patent after 5-week ITC trial and Federal Circuit appeal as lead trial and appellate counsel.

Represented household products company in successfully protecting one of leading brands of enhanced sensitivity prophylactics in ITC patent proceeding.

Represented Japanese camera and copying company in patent infringement lawsuit in Eastern District of Texas involving mass data storage systems.

Represented Japanese company defending patent infringement case involving currency counting and enumerating equipment in Northern District of Illinois.

Represented Taiwan companies in successfully protecting their liquid crystal display devices in ITC patent proceeding.

Lead trial counsel in patent jury trial in District of Wisconsin involving method for urine drug testing for opioid patients.

Successfully defended designer and manufacturer of laser-based speed and distance measuring devices in Delaware patent infringement action.

Defended patent infringement action in Delaware involving business method patents covering e-sourcing and web-based auction services.

Successfully overcame best mode defense in Alabama patent infringement action on behalf of manufacturer of high power radio broadcast transmitters.

Defended manufacturer of nuclear imaging devices (gamma cameras) used for medical diagnostic purposes in Maryland infringement lawsuit.

Asserted patents covering digital interactive program guides in ITC proceeding.

Trademarks

Represented the Public Interest Law Institute in a trademark infringement action initiated by the Public Interest Law Initiative in the Northern District of Illinois involving the respective names of the two public interest, non-profit organizations, as well as the acronym “PILI.”

Handled a trademark opposition proceeding before the Trademark Trial and Appeal Board involving the trademark SALTWORKS and the related domain name saltworks.com.

Counseled a National Hockey League franchise in trademark, trade dress and right of publicity issues in connection with commercial sponsorships.

Represented Czech brewery in ITC trademark proceeding to protect limited right to import BUDVAR beer for consumption at certain foreign embassies located within the U.S.

Successfully prosecuted action against food service provider in District of Maryland for infringing use of SPICE OF LIFE service mark.

Represented provider of online learning programs to primary school students in Middle District of Florida proceeding involving marks FLORIDA VIRTUAL PROGRAM and FLORIDA VIRTUAL ACADEMY.

First chair jury trial on behalf of creator of GUARDIAN ANGEL greeting cards and pins in South Carolina infringement action. Secured exceptional case award of attorneys’ fees and costs and successfully defended award in Fourth Circuit appeal.

Defeated effort by company in employee mobility services market to obtain temporary restraining order in Colorado to bar supposed competitor from appearing at trade show in Denver under its new name.

UDRP Domain Name Arbitration Proceedings

Alibaba Group Holding Ltd. v. Jianliang Fei, Claim Number FA1012001364507 (National Arbitration Forum Feb. 7, 2011)

Alibaba Group Holding Ltd. v. Dan Wang, Claim Number FA1012001365375 (National Arbitration Forum Feb. 9, 2011)

Elan Home Systems, LLC v. domains Ventures, Claim Number FA0605000720783 (National Arbitration Forum July 10, 2006)

People For the American Way v. Glenn Williamson, WIPO Case No. 2001-1006 (Oct. 24, 2001)

Trade Secrets

Illinois Candy Company: Defended trade secret misappropriation enforcement case in federal court in Delaware involving product formulation information.

Seattle Biotech Company: Defeated effort in Delaware Chancery Court by biotech company to enjoin client’s use of lentiviral vectors in clinical trials for cancer treatment based on claim that use by both companies of common manufacturer violated plaintiff’s contractual exclusivity with manufacturer and purportedly enabled client to misappropriate plaintiff’s claimed trade secrets.

Texas Distance Learning Company: Successfully resolved trade secret misappropriation and non-competition enforcement claims by private, for-profit education provider in state court in Dallas, Texas.

Maryland Biotech Company: Prosecuted state court action in Maryland to protect trade secrets and enforce non-competition agreement in connection with genetic therapy techniques.

Copyright

Academic Art Historian: Prosecuted lawsuit in Court of Federal Claims against federal gallery concerning unauthorized use of text of client’s manuscript in published exhibition catalog for French Impressionist painter.

Presidential Inaugural Committee: Negotiated for use in video for inaugural gala of copyrighted photograph of young Bill Clinton shaking hands with President Kennedy.

Amnesty International Poster: Negotiated with representatives for architect Maya Lin over use of photograph of Alabama Civil Rights Memorial in “Imagine” poster promotional campaign.

Public Broadcasting Program Formats: Successfully resolved copyright dispute involving allegations of theft of programming formats.

False Advertising

Competitor Cases

Millennium Laboratories, Inc. v. Ameritox, Ltd. (D. Md. 2010) Won a jury verdict as lead counsel in Lanham Act false advertising case that challenged advertisements concerning urine drug testing services were literally false.

Genzyme Corp. v. Shire Human Genetic Therapies, Inc. (D. Mass. 2012) Won ruling on preliminary motion in pharmaceutical advertising case that press release announcing study results and making product superiority claims constituted commercial advertising and not protected scientific expression.

International Bottled Water Association v. Eco Canteen, Inc. (W.D.N.C. 2009) Obtained permanent injunction against false and misleading advertising claims by stainless steel water bottle distributor about putative health and safety risks of single use consumable plastic water bottles.

International Bottled Water Association v. Zero Technologies, LLC (E.D. Va. 2010) Established organizational standing of industry association on behalf of bottled water companies against filtered water company making false and misleading comparative claims.

Regeneration Technologies, Inc. v. Musculoskeletal Transplant Foundation, Inc. (N.D. Fla. 2001) Resolved competitor’s challenge to client’s “Everyone in the pool” advertising campaign concerning practice of pooling donor tissues.

Forum Publications, Inc. v. P.T. Publishers, Inc. (E.D. Pa. 1989) Client prevailed after jury trial in defending Lanham Act lawsuit challenging comparative claims by trade publications for physical therapy professionals.

Class Actions

Ma v. Harmless Harvest, Inc. (E.D.N.Y. filed Dec. 23, 2016) Negotiated settlement of putative consumer class action challenging “100% Organic” claims of coconut juice manufacturer.

National Consumers League v. Bimbo Bakeries USA (D.C. Superior Court 2016) Negotiated settlement of claims that product labels for multi-grain muffins and honey wheat bread created erroneous belief among consumers that whole wheat was a principal ingredient in products.

Koenig v. Boulder Brands, Inc. (S.D.N.Y. 2013) Negotiated settlement of claims challenging product labeling for fat free milk with Omega 3s.

Mitchell v. Boulder Brands, Inc. (S.D. Cal. 2012) Settled putative class action challenging product labeling for spreadable butter with plant sterols.

Stewart v. Boulder Brands, Inc. (D.N.J. 2011) Successfully resolved claims challenging product labeling for fat free milk with Omega 3s.

Hirsch v. Cadbury Adams (N.Y. Supreme Ct., Queens County 2011) Defeated class action challenging “strengthening and rebuilding teeth” advertising claims for Trident Xtra Care chewing gum.

International Trade Commission  

Certain Liquid Crystal Display Devices, Including Monitors, Televisions, and Modules, and Components Thereof
Investigation No. 337-TA-749 (USITC filed 10/25/10; instituted 11/23/10)

Certain Liquid Crystal Display Devices, Includ ing Monitors, Televisions, and Modules, and Components Thereof
Investigation No. 337-TA-741 (USITC 9/16/10; instituted 10/12/10)

Certain Male Prophylactic Devices
Investigation No. 337-TA-546 (USITC 12/5/06), on remand (USITC 6/21/07), af f'd sub nom Portfolio Technologies, Inc. v. ITC , No. 2007-1520 (Fed. Cir. Jun. 10, 2008)

Certain Zero-Mercury-Ad ded Alk aline Batteries, Part s thereof, and Prod ucts Containing Same
Investigation No. 337-TA-493 (USITC 10/18/04), rev'd sub nom Energizer Holdings, Inc. v. ITC , 435 F.3d 1366 (Fed. Cir. 2006), on remand (USITC 2/23/07), af f'd , 275 F. App’x 969(Fed. Cir. 2008), cert. denied , No. 08-583, 556 U.S. _ (S. Ct. 3/23/09)

Certain Bearings and Pack aging Thereof
Investigation No. 337-TA-469 (USITC 5/24/04), af f'd sub nom SKF USA, Inc. v. ITC, 423 Fed.3d 1307 (Fed. Cir. 9/14/05)(trademark, parallel imports/grey market goods)

Certain Set-Top Boxes and Components Thereof
Investigation No. 337-TA-454 (USITC 8/29/02), rev'd sub nom Gemstar-TV Guide International, Inc. v. ITC, 383 F.3d 1352 (Fed. Cir. 2004)

Certain Beer Products
Investigation No. 337-TA-420 (USITC 5/27/99) (trademark, Anheuser-Busch v. Budejovicky Budvar, N.P.)

Certain Semiconductor Memory Devices and Products Containing Same
Investigation No. 337-TA-414 (USITC 11/29/99)

Reported Cases

Theravectys SA v. Immune Design Corp., Civil Action No. 9950-VCN (Del. Chanc. Mar. 9, 2015), http://cases.justia.com/delaware/court-of-chancery/2015-ca-9950-vcn-0.pdf?ts=1426896044
Trade Secrets – Defeated effort by biotech company to enjoin cleint’s use of lentiviral vectors in clinical trials for cancer treatment based on claim that use by both companies of common manufacturer to produce lentiviral vectors violated plaintiff’s contractual exclusivity with manufacturer and enabled client to misappropriate plaintiff’s claimed trade secrets.

Genzyme Corp. v. Shire Human Genetic Therapies, Inc., 906 F.Supp.2d 9 (D. Mass. 2012)
False Advertising – Court ruled on preliminary motion in pharmaceutical advertising case that press release making product superiority claims constituted commercial advertising and not protected scientific expression.

Victor Stanley, Inc. v. Creative Pipe, Inc., 2011 WL 4596043 (D. Md. Sept. 30, 2011)
Copyright and Design Patent Infringement/False Advertising -- Obtained judgment and fee award in copyright infringement, unfair competition, false advertising and design patent infringement case involving design drawings for outdoor furniture.

M&G Polymers USA, LLC v. Carestream Health, Inc., 2010 WL 1611042 (Apr. 21, 2010), http://courts.state.de.us/opinions(ud53ujzwg43xydrzfekpgj55)/download.aspx?ID=137090 
aff’d sub nom Carestream Health, Inc. v. M&G Polymers USA, LLC, 9 A.3d 475 (2010), http://courts.delaware.gov/opinions/downloads.aspx?ID=146820.
Supply Contract for Medical Equipment – $15.5 million jury verdict plus sanctions totaling $850,000 for litigation conduct in breach of requirements contract case involving medical film.

Automedx, Inc. v. Artivent Corp., 95 USPQ2d 1976 (TTAB 2010)
Trademark for Medical Device – Precedential decision sustaining client’s trademark opposition to competitor’s application to register the mark SAVE for simulated automated ventilators; product testing recognized as sufficient bona fide use in commerce to sustain trademark priority.

Aronson & Company v. Fetridge, 181 Md. App. 650, cert. granted, 406 Md. 743 (2008)
Attempted Non-Compete Enforcement/Wage Act Claim – $1,302,820.07 jury verdict for breach of employment contract, trebled to $3,908,460.21 under Wage Act, reported as largest Wage Act recovery in Maryland history.

Energizer Holdings, Inc. v. Int’l Trade Comm’n, 435 F.3d 1366 (Fed Cir. 2006), on remand (USITC Feb. 23, 2007), aff’d, 275 F. App’x 969 (Fed. Cir. 2008), cert. denied, 556 U.S. __ (S. Ct. Mar. 23, 2009)
Patent Infringement/ITC § 337 – Invalidated Eveready zero-mercury added alkaline battery patent on which royalties had been paid by Duracell, Rayovac and Matsushita, among other battery manufacturers.

Cummins-Allison Corp. v. Glory, Ltd., 2003 WL 22125212 (N.D. Ill. Sept. 5, 2003)(adopting Report and Recommendation of Magistrate Judge)
Patent Infringement – Denying preliminary injunction in patent infringement lawsuit involving currency counting equipment.

Washington Suburban Sanitary Commission v. Utilities, Inc. of Maryland, 775 A.2d 1178 (Md. 2001)
Eminent Domain – Successfully obtained a just compensation jury verdict of $9,700,000, and successfully challenged a state statute that unconstitutionally reduced the jury’s award to account for front foot benefit charges, causing condemning authority to abandon the take and pay client’s attorneys’ fees and costs.

Jersey Heights Neighborhood Ass’n v. Glendenning, 174 F.3d 180 (4th Cir. 1999)
NEPA/Environmental JusticeAffirming right of African-American citizens to consider discriminatory impact of highway placement decision on their community.

Latin Investment Corp. v. L&L Construction Associates, Inc., 168 B.R. 1 (Bankr. D.D.C. 1993)
Bankrutpcy – Decision affirming bankruptcy trustee’s standing to maintain claims for mismanagement of debtor’s business and misuse of corporate funds.

Armistead Homes Corp. v. Pinchback, 907 F.2d 1447 (4th Cir.), cert. denied, 498 U.S. 983 (1990).
Public Accommodations Civil Rights Case – Affirming award and denying further review of determination that defendant engaged in discriminatory housing practices.

Forum Communications of Nevada, Inc. v. P.T. Publishers, Inc., 1989 WL 30713 (E.D. Pa. 1989)
False Advertising – Defeating claim of trade journal for physical therapy professionals that rival publication engaged in false advertising.

Blue Cross & Blue Shield of Maryland, Inc. v. Chestnut Lodge, Inc., 81 Md. A. 149, 567 A.2d 147 (1989), cert. denied, 570 A.2d 864 (1990)
Health Insurance/Coverage for Pre-Existing Conditions – Confirming that all material terms of plan must be disclosed in benefit booklet.

Shaare Tefila v. Cobb, 481 U.S. 615 (1987)
Civil Rights/Hate Crimes – affirming coverage of Civil Rights Act of 1866, which prohibits racial discrimination, to individuals subjected to intentional discrimination on account of ancestry or ethnic characteristics.

Articles

Hot Topics in Internet Liability: Avoiding Copyright and Trademark Infringement Online, for D.C. Bar Seminar (June 28, 2016)

How to Protect and Enforce Trademark Rights: A Primer (co-author with Shauna M. Wertheim) for D.C. Bar Seminar presented in 2001-2016

Top Trademark Cases Since October 2015 (and a few holdovers), AIPLA Spring Meeting (May 18-20, 2016)

How to Sell a President, Intellectual Property Magazine (Sept. 29, 2015)

Inside Views: US Political Trademarks and Campaign Branding 2016, Intellectual Property Watch (June 25, 2015)

The Politics of Branding: Political Messaging, Fair Use and Infringement, Maryland Bar Journal, Vol. XLVIII, Number 2 (March/April 2015) at 14

U.S. Supreme Court on POM Wonderful LLC v. The Coca-Cola Company: Supreme Court Allows Lanham Act Competitor Claims Challenging Federally Regulated Food and Beverage Labels, Lexology (Jul. 24, 2014)

Is Your Survey Up to Snuff?: Evidence in Lanham Act False Advertising Cases, IP Litigator, Vol. 19, Issue 3 (May-June 2013)

Drug Promotion: protected scientific expression or commercial advertising?, Lexology (Jan. 31, 2013)

Survey Evidence in Deceptive Advertising Cases, AIPLA (Sept. 30, 2012)

Political Trademarks in the 2012 Presidential Election, Intellectual Property Today (June 2012)

N.Y. court takes bite out of Trident chewing gum class, Lexology (Jul. 21, 2011)

Use of mark in sale of medical devices solely for testing prior to FDA approval is bona fide and therefore constitutes “use in commerce” for establishing priority, Lexology (Oct. 14, 2010)

Q & A with Steven Hollman, Law 360 (May 26, 2009)

Opening Statements and Closing Arguments, CLE International Eminent Domain Institute, 5th Annual Eminent Domain Conference (May 5, 2008)

Kelo and the Invitation to Act: State Legislative Responses, CLE International Eminent Domain Institute, Eminent Domain National Conference: A Retrospective on Kelo (April 19-20, 2007)

Using the International Trade Commission as a Part of an IP Protection Strategy, Update (Nov. 1, 2004)

Eminent Domain in the District of Columbia: Delegations of Authority, Public Use, and Practice, D.C. Bar (Sept. 23, 2004)

The Branding of the President: When pols and ads speak the same lingo, Legal Times (Mar. 24, 2003)

The Branding of the President: Blurring the Line Between Politics and Pop Culture, in (2002)

Trade Dress: Protecting Your Investment in Innovative Packaging,” Flexible Packaging (June 1999)

Civil & Criminal Remedies for hate Motivated Violence (co-ed.), Report for Washington Lawyers’ Committee for Civil Rights and Urban Affairs (Sept. 1999)

It Takes Time, Money, to Select, Protect and Respect Trademarks, Meat Marketing and Technology (Aug. 1998)

Striking Back at Bigotry: Remedies Under Federal and State Law for Violence Motivated by Racial, Religious, and Ethnic Prejudice (co ed.)(1991 Supplement for National Institute Against Prejudice & Violence)

Court Should Apply Civil Rights Act to Anti-Semitic Attacks: Shaare Tefila Congregation v. Cobb, Committee Report (Lawyers Committee for Civil Rights Under Law Winter, 1987)

When Legal Advocacy Is Charity, Washington Post Op-Ed. (Nov. 23, 1985), at A22

 

Media Mentions

Speaking Engagements

  • Hot Topics in Internet Liability: Avoiding Copyright and Trademark Infringement Online, D.C. Bar Seminar (June 28, 2016)
  • How to Protect and Enforce Trademark Rights, D.C. Bar Seminar (2001-2016)
  • Life Sciences Advertising Challenges Around the World, Webinar (Oct. 28, 2015)
  • Social Media: Let’s Give Them Something to Talk About, International Trademark Association (INTA) 137th Annual Meeting, San Diego (May 4, 2015)
  • Developments in Lanham Act False Advertising Food Cases, GMA 2014 Litigation Conference, Dana Point, California (Feb. 26, 2014)
  • Update: Patent Litigation in the U.S. and Europe, The American Chamber of Commerce in Hong Kong (Jan. 18, 2013)
  • Litigation in the International Trade Commission (ITC), Tokyo Seminar (Oct. 7, 2012)
  • Survey Evidence in Deceptive Advertising Cases, American Intellectual Property Law Association (AIPLA) 2012 Annual Meeting (Sept. 25, 2012)
  • The ITC and Beyond: What Does It Mean to be a Responding in the International Trade Commission, Seminar, Tokyo (July 10, 2012)
  • Nuts and Bolts of U.S. IP Litigation, Part 3, Developing a Case Theme, Preparing for, Taking and Defending Depositions, Tokyo and Osaka (Ocotber 2011)
  • Nuts and Bolts of U.S. IP Litigation, Part 1, Preparing for a Lawsuit, Tokyo (Feb. 23, 2011)
  • Opening Statements and Closing Arguments, CLE International Eminent Domain Institute, 5th Annual Eminent Domain Conference (May 5, 2008)
  • Patents: A Need for Uniformity in the Law of Patents, Recent Supreme Court Decisions, Other Hot Topics (Moderator, with Panelists Chief Judge Edward J. Damich, PTO Deputy General Counsel John Whealan, General Electric Vice President Q. Todd Dickinson, U.S. Court of Federal Claims 20th Judicial Conference, Boulder, Colorado (Oct. 11, 2007)
  • Kelo and the Invitation to Act: State Legislative Responses, CLE International Eminent Domain Institute, Eminent Domain National Conference: A Retrospective on Kelo, Las Vegas (April 19, 2007)
  • Openings, Closings and the Art of Persuasion, Washington Council of Lawyers Litigation Skills Training Program, Washington, D.C. (April 26, 2007 and March 15, 2005)
  • Trial at the U.S. Court of Federal Claims: Effective Openings and Closings, U.S. Court of Federal Claims 19th Judicial Conference, Washington, D.C. (Oct. 25, 2006)
  • Trade Secrets: Are Your Clients Prtoecting Their Crown Jewels? Are You? (Feb. 28, 2005)
  • Eminent Domain in the District of Columbia: Delegations of Authority, Public Use, and Practice, D.C. Bar Real Estate, Housing and Land Use Section (Sept. 23, 2004)
  • Discovery Plans in Federal Practice, Montgomery County, Maryland Bar Foundation CLE Seminar (Nov. 11, 2003)
  • Participated as faculty in multiple trial advocacy training sessions with the National Institute for Trial Advocacy

Memberships

  • ACLU of Maryland Board of Directors, 2003-04
  • American Bar Foundation Fellow, 2011-present
  • Member, American Intellectual Property Law Association
  • Court of Federal Claims Bar Association Board of Directors, 2006-11
  • President, Court of Federal Claims Bar Association Board of Directors 2010
  • Steering Committee, Section on Criminal Law and Individual Rights, DC Bar,1993-1995
  • Election Board, DC Bar, 1992-1994
  • Federal Bar Association, Maryland Chapter Board of Governors, 2007-2009
  • GW Inn of Court
  • President, Harvard Club of Washington Board of Directors, 2004-2006
  • Harvard Club of Washington Board of Directors, 1998-2007
  • Hebrew Home of Greater Washington Board of Directors, 2003-17
  • Member, International Trademark Association
  • Montgomery County Community Foundation Board of Directors
  • Elected Representative, Montgomery County Democratic Central Committee, 1998-2002
  • Montgomery County Workforce Development Board of Directors
  • Strathmore Hall Foundation, Inc. Board of Directors, 2014-2017
  • Washington Council of Lawyers Board of Directors, 1986-2017
  • President, Washington Council of Lawyers Board of Directors, 1991-1992
  • Washington Hebrew Congregation Board of Directors, 1999-2007
  • Trustee, Washington Lawyers’ Committee for Civil Rights & Urban Affairs, 2006-2009
  • Board of Directors, Washington Lawyers’ Committee for Civil Rights & Urban Affairs, 2010-2017
  • Co-Chair, Washington Lawyers’ Committee for Civil Rights & Urban Affairs, 2014-2017