Steven M. Bauer is available to conduct cases virtually. JAMS is equipped to provide virtual ADR services

on a variety of online platforms, including Zoom, Microsoft Teams, WebEx, and more.

Steven M. Bauer, Esq.

JAMS Mediator, Arbitrator and Referee/Special Master

Case Manager

Julia Jajaga

T: 617-228-9168

F: 617-228-0222

One Beacon Street, Suite 2210, Boston, MA 02108

JJajaga@jamsadr.com

Biography

Steven M. Bauer, Esq., joins JAMS after a distinguished career with leading international law firm Proskauer,

where he co-chaired the firm's national patent and intellectual property group and was a member of its

international arbitration practice group. Mr. Bauer specializes in resolving life sciences and technology disputes,

particularly those involving complex patent, trade secret, trademark, copyright and licensing issues.

As an advocate, Mr. Bauer has been lead trial counsel in over 30 trials involving a wide array of technologies,

representing emerging companies, multinational businesses, and major research universities. He has tried

cases in every major U.S. forum and has argued more than a dozen appeals at the Federal Circuit.

As both an advocate and a neutral, Mr. Bauer has earned the respect of his colleagues and clients. He has

garnered a reputation for his intelligence; a tenacity balanced by an even-keeled demeanor; and a direct,

business-minded approach. Known for his ability to grasp the scientific and technological concepts in both life

sciences and technology cases, Mr. Bauer has worked on matters ranging from surgical, medical, genetic and

biomolecular diagnostic, research and therapeutic technologies; to high-temperature superconductors and

lithium- ion battery chemistry; to the algorithms used for voice recognition, speech generation and data

encryption in smartphones. He has also been lead counsel in cases involving proton beam therapy, DNA

sequencing, high- energy plasma devices, nanomaterials, semiconductors and satellite communications.

Steven M. Bauer, Esq. | JAMS Neutral | General Biography

One Beacon Street • Suite 2210 • Boston, MA 02108 • Tel 617-228-0200 • Fax 617-228-0222 • www.jamsadr.com

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Chambers USA ranked Mr. Bauer as one of only five "Band 1" IP trial lawyers in Boston, noting his “stellar

reputation for achieving outstanding results,” that he is "pragmatic and flexible," and that he is "a great

strategist" and "proven trial attorney." The IAM Patent 1000 reports that he “can grasp the technical details of a

particular patent matter to the same degree as the inventor.”

As one general counsel noted, “For more than a decade, I entrusted Steve with the most significant, most

impactful, most complex IP litigation for my global technology company. His open, honest and direct approach,

combined with his highly sophisticated legal acumen and technical excellence, helped us achieve fantastic

results, and he always acted with integrity, sincerity and purpose.”

ADR Experience and Qualifications

As a mediator, arbitrator and Special Master, Mr. Bauer’s practice is both international and domestic for cases

involving technology and life sciences disputes. He is vice-chair of the ADR committee of the International

Association for the Protection of Intellectual Property (AIPPI) and has been on the American Arbitration

Association’s (AAA) panel of neutrals since 1987 and, more recently, on the AAA’s International Centre for

Dispute Resolution (ICDR) life sciences panel. In addition to his work for AAA in the U.S., he has acted as a

party advocate or a neutral arbitrator in arbitrations in France, Germany, Switzerland and the United Kingdom in

matters administered by the International Chamber of Commerce (ICC) and the German Arbitration Institute

(DIS). He has had unparalleled success in helping parties find a creative and unique solution or pathway to

resolution. Clients consistently praise him for the way he addresses cases within both the life sciences and

technology industries. “The depth of Steve’s knowledge and experience with patent litigation marries incredibly

well with his judgment, intuition and ability to read people, making him an exceptional strategic advisor and

negotiator.”

Mr. Bauer has been lead counsel for Dutch, German, French, Danish, British, Israeli, Japanese and Chinese

clients in settlement negotiations and mediations around the world.

Representative Matters: Life Sciences, Medical Devices, Biology and Chemistry

ArcherDx* v. Qiagen (D. Del.): Represented emerging life sciences company in a two-patent infringement

and misappropriation of trade secrets case relating to anchored multiplex PCR technology

Oxford Immunotec* v. Qiagen (D. Mass.): Represented Oxford in a multi-patent case relating to assays for

detecting tuberculosis. After a number of positive developments in the case, Qiagen settled the case,

taking a license to the patents.

Amgen v. Genentech (D. Del.): Represented Amgen in defending a BPCIA case relating to its launch of a

biosimilar to Avastin; the case settled with Amgen remaining on the market with its product

BASF and Argonne National Laboratory* v. Umicore (U.S. International Trade Commission): Lead counsel

for Argonne in its enforcement of patents relating to lithium-ion battery material; the ITC found the patents

valid and infringed, and issued an exclusion order

NISTAC v. American Honda* (D. Mich.): Lead trial counsel for American Honda in a patent infringement

action brought by the National Institute for Strategic Technology Acquisition and Commercialization on

patents relating to automobile piston coating chemistry; after a Markman decision weakened the patent

holder’s case, the case was dismissed

AsymmetRx Medical* v. Biocare: Lead arbitration counsel for the patent owner in a license enforcement

case relating to the p63 antibody, discovered at Harvard University and used to diagnose prostate

cancer; after obtaining an arbitration decision that the defendant was manufacturing without a license, the

case settled with entry of a consent judgment

Jacobson v. Celgene Corp.* (D. N.J.): Lead counsel for Celgene in an action for misappropriation of the

idea to use thalidomide to treat multiple myeloma, a cancer of the blood; obtained summary judgment in

Celgene’s favor

PSN Illinois v. Ivoclar Vivadent* (N.D. Ill., Fed. Cir.): Represented Ivoclar, the world's leading manufacturer

of dental crowns and implants, in the defense of a patent case seeking over $50 million in damages;

Steven M. Bauer, Esq. | JAMS Neutral | General Biography

One Beacon Street • Suite 2210 • Boston, MA 02108 • Tel 617-228-0200 • Fax 617-228-0222 • www.jamsadr.com

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Case 1:20-cv-22051-DPG Document 104-1 Entered on FLSD Docket 07/08/2021 Page 2 of 6
Ivoclar obtained summary judgment of non-infringement, which was affirmed on appeal

Massachusetts Institute of Technology* & American Superconductor Corp. v. Rogan (D. Mass.):

Represented MIT (a co-plaintiff with American Superconductor) in this 35 U.S.C. § 146 appeal from the

Patent Office regarding the scope of MIT's patent on high-temperature superconducting technology; after

a bench trial, the court affirmed the validity and broad scope for this MIT patent

Massachusetts Institute of Technology* v. Dharmacon and Fisher Scientific (D. Mass.): Represented MIT

in a patent infringement and breach of contract case relating to RNAi technology; the case settled with a

license to Dharmacon

Candela Corp.* v. The Regents of the University of California (American Arbitration Association):

Represented Candela in an arbitration relating to a patent license dispute involving cryogenic cooling

devices used for cosmetic laser surgery; after a one-week evidentiary hearing, Candela obtained a

license to the technology

Polyclad Laminates Inc. v. MacDermid Corp.* (D. N.H.): Represented MacDermid in its defense of a

patent infringement action relating to the chemical components used in printed circuit board manufacture;

after an evidentiary Markman hearing, the court issued a summary judgment of non-infringement

Representative Matters: Technology, Software and Electronics

Adrea* v. Barnes & Noble (S.D.N.Y.): Lead trial counsel in a jury trial relating to Barnes & Noble’s Nook

device; the jury found patent infringement and damages

MobileMedia Ideas LLC* v. Apple Inc. (D. Del.): Lead trial counsel in two cases against Apple related to

features of the iPhone; the jury found infringement with respect to all four asserted patents

ARRIS Group v. SeaChange International* (D. Del.): Lead trial counsel in defense of a contempt motion

alleging that SeaChange’s redesigned product violated a permanent injunction; after an evidentiary

hearing, the court found in SeaChange’s favor

Speedtrack v. Wal-Mart Stores, Inc. and Endeca Technologies* (N.D. Cal.): Represented Endeca (now

owned by Oracle) and its customer, Walmart.com, in a case relating to the search algorithms powering

online retail websites; Endeca obtained a summary judgment of non-infringement

Transamerica Life Insurance Co.* v. Lincoln National Life Insurance Co. (N.D. Iowa, N.D. Ind., Fed. Cir.):

On behalf of Transamerica, obtained reversal of a $13-million judgment on appeal

Biax Corp. v. Analog Devices, Inc.* (E.D. Tex.): Lead trial counsel in defending against five patents

relating to digital signal processing in parallel computer architecture; the case settled on the eve of trial

Analog Devices* v. Knowles Electronics (D. Del., N.D. III., U.S.I.T.C.): Lead trial counsel in two district court

and two ITC cases asserting two patents and defending against two patents relating to micromechanical

electronic (MEMS) microphones; after trial, the ITC found the Knowles patents invalid and the Analog

patents valid and infringed, and entered an exclusion order against Knowles

C2 v. Global Crossing*, Qwest,* and Level 3* (E.D. Tex.): Represented three telecommunications

companies and their supplier (Sonus Networks) in the defense of a patent case relating to VoIP switching

technologies; the case settled during trial

Beam Laser Systems, Inc. v. SeaChange International, Inc.* and Cox Communications, Inc.* (E.D. Va.):

Represented SeaChange, the leading manufacturer of video-on-demand servers, and its customer, Cox

Communications, in defending against three patents in a case with a demand of $100 million; after an

evidentiary Markman hearing, the court granted summary judgment of non-infringement

Digital Privacy, Inc. v. RSA Security Inc.* (E.D. Va.): Defended RSA Security against claims that its

SecurID security product infringed three patents; after an evidentiary hearing, the court granted

summary judgment of noninfringement

France Telecom v. RSA Security Inc.* (International Chamber of Commerce, Paris, France): Represented

RSA Security in a patent license dispute relating to an encryption algorithm in which the demand against

RSA was for more than $100 million; after a one-week evidentiary hearing in Paris, the arbitrator found in

RSA's favor and awarded legal fees

Hypertherm, Inc.* v. American Torch Tip Co. (M.D. Fla., D. N.H.): Represented Hypertherm in asserting six

patents involving high-energy plasma torches; after a trial, the jury found that the defendant willfully

infringed Hypertherm's patents

MKS Instruments, Inc.* v. Advanced Energy Corp. (D. Del.): Represented MKS Instruments against

Advanced Energy Corp. in two cases relating to high-energy plasma processing equipment; in the first

case, the jury returned a verdict of infringement and awarded damages; in a second trial against a

"revised" product, the jury again found infringement

MKS Instruments, Inc.* v. NPP (N.D. Calif.): Represented MKS in obtaining a TRO and then preliminary

injunction against the sale of accused products being imported by a Korean company

®

Steven M. Bauer, Esq. | JAMS Neutral | General Biography

One Beacon Street • Suite 2210 • Boston, MA 02108 • Tel 617-228-0200 • Fax 617-228-0222 • www.jamsadr.com

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Pall Corp. v. Micron Separations, Inc.* (D. Mass.; Fed. Cir. U.S. Bankruptcy Ct.): Represented Micron

Separations in its appeal of an infringement decision adverse to it and, simultaneously, in a trial relating

to its ultrafiltration products; Micron Separation's appeal was heard en banc by the Federal Circuit, as

the non-jury companion case to the Federal Circuit's decision in Markman v. Westview; in addition,

represented Micron Separations in a tort and breach of contract trial in bankruptcy court alleging Pall's

bad faith patent litigation; after trial, the bankruptcy court awarded $3.7 million to Micron

ReSource America, Inc.* v. Republic Packaging Corp. (N.D. Ill.): Represented ReSource America in a trial

involving a business method for recycling products efficiently; after trial, the court found that the

defendant willfully infringed

Rubbermaid Incorporated* v. Tucker Housewares Corp. (D. Mass.): Represented Rubbermaid against its

largest competitor, Tucker Housewares, for infringement of utility and design patents, trade dress and

copyrights in connection with various storage products; after trial, Tucker was found liable, and an

injunction was issued

Federal Circuit Appeals

MobileMedia Ideas LLC v. Apple Inc. (Fed. Cir. 2013): Argued in favor of a trial verdict of infringement in

client's favor, and for reversal of a summary judgement of non-infringement of a different patent

Ncube Corp. v. SeaChange Int'l. Inc., 732 F.3d 1346 (Fed. Cir. 2013): Judgment of no contempt affirmed,

in client's favor

Speedtrack, Inc. v. Walmart.com USA, LLC, 524 Fed.Appx. 651, 106 U.S.P.Q.2d 1442 (Fed. Cir. 2013):

Judgment of infringement affirmed, in client's favor

Knowles Electronics v. ITC, 462 Fed.Appx. 957 (Fed. Cir. 2012): Appeal dismissed pursuant to settlement

Knowles Electronics v. ITC, 2011, 458 Fed.Appx. 894 (Fed. Cir. 2011): Appeal dismissed pursuant to

settlement

Cognex Corp. v. ITC 2013 WL 6570781 (Fed. Cir. 2013): ITC decision of non-infringement affirmed

Lincoln National v. Transamerica Life, 609 F.3d 136 (Fed. Cir. 2010): Judgment of infringement reversed,

in client's favor

Asymmetrx v. Biocare Medical, 582 F.3d 1314 (Fed. Cir. 2009): Judgment dismissing case vacated, in

client's favor

PSN Illinois v. Ivoclar Vivadent, 525 F.3d 1159 (Fed. Cir. 2008): Judgment of non-infringement affirmed, in

client's favor

Ncube Corp. v. SeaChange Int'l. Inc., 436 F.3d 1317 (Fed. Cir. 2006): Affirming infringement against

client

MKS Instruments v. Advanced Energy, 58 Fed.Appx. 480 (Fed. Cir. 2003): Dismissed, in favor of

stipulation in favor of judgment of infringement in client's favor

Life Technologies v. Clontech Labs, 224 F.3d 1320 (Fed. Cir. 2000): Finding of inequitable conduct

reversed, in client's favor

Pall Corp. v. Micron Separations, Inc., 66 F.3d 1211 (Fed. Cir.1995): Infringement finding affirmed, willful

infringement finding reversed in client's favor

Other Significant Matters

Cox Communications v. AT&T (D.Del., N.D. Ga.): Defense of two patent infringement actions against

AT&T; at issue were a total of 12 patents relating to set-top boxes, cable modems and VoIP telephony;

Cox also filed four inter partes reviews at the U.S. Patent & Trademark office

Puma v. Payless ShoeSource (D. Mass.): Represented Payless ShoeSource, the country's largest retailer

of shoes, in a trademark dispute relating to the stripes on running shoes

Winklevoss v. Facebook and Zuckerberg (D. Mass.): Boston counsel representing Facebook and Mark

Zuckerberg in a copyright and contract case relating to the invention of the Facebook social network

Enterasys v. Foundry Networks (D. Mass.): Represented Foundry in defense of six patents relating to

routers and bridges

Agere Systems, Inc. v. Multiplex, Inc. (D. Del.): Defended Multiplex against patent infringement and trade

secret claims brought by Agere relating to four patents on high-speed optical switching devices

Arrival Star, Inc. v. Descartes Systems Group Inc. (S.D.N.Y.): Represented Descartes in defending

against a 15-patent complaint relating to the tracking of packages using GPS and other technologies

Boston Scientific Corp. v. Circon, Inc. (D. Mass., E.D. Wisc.): Represented Boston Scientific Corp. in

Steven M. Bauer, Esq. | JAMS Neutral | General Biography

One Beacon Street • Suite 2210 • Boston, MA 02108 • Tel 617-228-0200 • Fax 617-228-0222 • www.jamsadr.com

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Case 1:20-cv-22051-DPG Document 104-1 Entered on FLSD Docket 07/08/2021 Page 4 of 6
asserting and then defending against patents relating to urological surgical devices in this seven-patent

action

Comtec Inc. v. Monarch Marking Systems, Inc. (D. R.I.): Defended Comtec in a nine-patent case covering

portable electronic printers

Comtech AHA Corp. v. Efficient Channel Coding, Inc. (N.D. Ohio): Represented Comtech in a breach of

patent license agreement dispute relating to error correction codes used in satellite communications

Davox Corporation, Inc. v. Digital Systems, Inc. (W.D. Wash.): Represented Davox in asserting and

defending against patents in a litigation against its primary competitor concerning systems for managing

automated call centers

Excel Switching Corp. v. Cisco Systems, Inc. (D. Mass.): Represented Excel Switching in its patent

infringement action against Cisco asserting a number of patents relating to digital switching technology

Hypertherm, Inc. v. Inner Logic, Inc. (D. N.H.): Represented Hypertherm in its assertion of two patents

relating to a plasma ignition circuit

Luyster v. RSA Security Inc. (D. Mass.): Defended RSA Security in this patent infringement action relating

to RSA's RC6 encryption algorithm

Massachusetts Institute of Technology v. Sony Electronics Corp.; Sharp Corp.; Toshiba Corp. (D. Mass.):

Represented MIT in the enforcement of its 20-patent digital television patent portfolio

Massachusetts Institute of Technology v. Dharmacon (D. Mass.): Represented MIT in a license dispute

involving its patents on siRNA technology

Mediacom, Inc. v. Rates Technology, Inc. (D. Mass.): Represented Mediacom in defending a two-patent

case involving telephone dialing networks

Nortel Networks Ltd. v. Foundry Networks, Inc. (D. Mass.): Represented Foundry in defending a fourpatent case involving packet-switching devices

Rubbermaid Incorporated v. Sterilite Corporation (D. Mass.): Represented Rubbermaid against a

competitor involving claims of design patent and trade dress infringement

ScanSoft, Inc. v. ART Advanced Recognition Technologies, Inc. (D. Mass.): Represented ART in its

defense of a patent infringement action relating to speech recognition technology

Honors, Memberships, and Professional Activities

Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS.

Memberships and Affiliations

Visiting Lecturer, School of Engineering, Massachusetts Institute of Technology, 2012–present

Member, Board of Advisors, Boston Museum of Science, 2015–present

Member, Board of Advisors, Huntington Theater Company, 2015–2020

Member, Dean’s Advisory Board, Boston University Law School, 2015–present

Member, Alan D. Lourie Boston IP Inn of Court

Counselor, 2019–2020

Secretary, 2018–2019

Treasurer, 2017–2018

Member, International Association for the Protection of Intellectual Property (AIPPI), 2008–present

Vice-Chair, ADR Committee, 2012–present

Member, Boston Patent Law Association

Co-Chair, Antitrust Committee, 2007

Co-Chair, Litigation Committee, 2002–2004

Member, Intellectual Property Owners Association

Vice Chair, Patent Litigation Committee, 2004–2006

Member, American Intellectual Property Law Association (AIPLA)

Editor, AIPLA Quarterly Journal, 2004–2005

Member, Federal Circuit Bar Association

Member, Greater Boston Legal Services

Board of Directors, 2009–2010

Registered Patent Attorney, United States Patent & Trademark Office

Steven M. Bauer, Esq. | JAMS Neutral | General Biography

One Beacon Street • Suite 2210 • Boston, MA 02108 • Tel 617-228-0200 • Fax 617-228-0222 • www.jamsadr.com

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Selected Awards and Honors

Chambers Global: USA: Intellectual Property: Patents, 2020

Chambers USA: Massachusetts: Intellectual Property (Band 1), 2004–2020

Intellectual Asset Management (IAM):

IP Global Leader, 2020

Patent Litigation Top 250, 2011

Patent 1000: The World’s Leading Patent Practitioners, 2012–2018

Benchmark Litigation Star, 2011–2021

Best Lawyers in America, 2007–2021

Massachusetts Super Lawyers, 2006–2020

Top 100 Lawyers in Massachusetts, 2012–2015

The Legal 500 United States: Litigation: Commercial Litigation, 2015–2017

Global Law Experts: Technology Litigation Attorney of the Year in Massachusetts, 2015

Euromoney Institutional Investor’s Expert Guide, Leading Patent Practitioner, 2013–2015

Managing Intellectual Property IP STARS: Massachusetts, 2013–2020

Background and Education

Partner, Proskauer, 2004–2020

Co-Chair, Patent and Intellectual Property Group, 2004–2020

Member, Executive Committee, 2009–2012

Co-Chair, Litigation Department, 2013–2017

Head, Boston Office, 2004–2008

Member, International Arbitration Practice Group, 2004–2020

Partner; Testa, Hurwitz & Thibeault; 1990–2004

Co-Chair, IP Practice Group, 1990–2004

Adjunct Professor, Boston University School of Law, 1987–2004

Partner, Allegretti & Witcoff, 1987-1990

Associate; Weingarten, Schurgin, Gagenbin & Hayes; 1984–1987

Law Clerk and Technical Advisor, Senior Judge Philip Nichols Jr., United States Court of Appeals for the

Federal Circuit, 1983–1984

J.D., cum laude, Boston University School of Law, 1983

M.S., Electrical Engineering and Computer Science, Massachusetts Institute of Technology, 1980

B.S., Electrical Engineering, Massachusetts Institute of Technology, 1979

Co-op Electrical Engineer; U.S. Naval Surface Weapons Center; Silver Spring, MD; 1977–1980

Consultant; Systems Planning Corporation; Arlington, VA; 1980

Available worldwide ›

Disclaimer

This page is for general information purposes. JAMS makes no representations or warranties regarding its

accuracy or completeness. Interested persons should conduct their own research regarding information on this

website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

Steven M. Bauer, Esq. | JAMS Neutral | General Biography

One Beacon Street • Suite 2210 • Boston, MA 02108 • Tel 617-228-0200 • Fax 617-228-0222 • www.jamsadr.com

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