Gregg F. LoCascio, P.C.
Overview
Gregg LoCascio has 30 years of experience as a trial lawyer and is a member of the Firm’s Executive Committee. Gregg serves as lead trial counsel for clients on major commercial litigation and intellectual property matters.
In the most recent edition of Chambers USA, a client described Gregg as “an experienced top-notch trial lawyer who can litigate anything, has a real knack for explaining complex concepts to juries and is one the best cross-examiners I’ve seen.” Another client described him as “incredibly talented and insightful. He has such experience across sectors and acts according to business needs. He is one of the best in the game.”
Chambers has previously described him as a “magnificent trial lawyer,” “the best IP litigator I’ve seen,” “easy to work with and talented,” and possessing “a good talent for talking to our management and taking on board their concerns.” It also noted that “Gregg is lauded by clients and peers alike for his advocacy and intellectual acuity in electrical and mechanical engineering-related cases” and that he is a “terrific advocate who assimilates information very quickly, is creative and has a great ability to think on his feet.” The Legal 500 U.S. has reported that he is “highly regarded for his trial expertise in front of a jury” and Intellectual Asset Management (IAM) branded him “the perfect marriage of technical aptitude and trial skill.”
Gregg has been lead counsel in 26 trials and has handled dozens of additional preliminary injunctions, Markman and other evidentiary hearings. He has a proven track record of preparing and winning complex cases both in advance of and at trial, as well as having those results affirmed on appeal. Gregg is a two-time recipient of the Washington D.C., “Intellectual Property Litigator of the Year” award by Managing Intellectual Property, and has been selected by The National Law Journal for inclusion in its “Winning Litigators: Masters of the Courtroom” edition.
Gregg’s success is built upon his ability to effectively communicate technical issues in a straightforward and understandable manner. As a client told IAM: “when [Gregg] talks about technology, you know he gets it and isn’t just blowing smoke.” The National Law Journal also recognized his skill in this area, noting that “all [of his] courtroom experience has helped LoCascio, a trained engineer, hone his ability to explain complex technology to judges and juries.”
Gregg also handles a variety of false advertising and competition disputes in court and before government and other regulatory bodies. He is one of a handful of Chambers-rated lawyers for high-profile advertising disputes ever since he served as lead counsel in the Equal v. Splenda false advertising trial, which ended Splenda’s “made from sugar” campaign. He has successfully defended manufacturers against putative class actions around the country, obtaining dismissals and denials of class certification, and recently obtained a complete defense verdict in a consumer class action for Abbott following a four-week jury trial in California state court.
Experience
Representative Matters
Lead defense counsel for Abbott in a class action alleging that consumers were misled about the effectiveness and health benefits from Abbott’s PediaSure Grow & Gain and SideKicks pediatric nutritional drinks. After a four-week California jury trial, obtained a complete defense verdict on all claims. Received The American Lawyer’s “Litigator of the Week” award for the win.
Lead counsel for Carlisle in a jury trial defending its spray foam insulation equipment from allegations of patent infringement. Obtained a jury verdict of both noninfringement and invalidity resulting in no liability. Recognized as runners-up for The American Lawyer’s “Litigator of the Week.”
Co-lead counsel in a royalty dispute bench trial relating to Pacira’s Exparel post-surgical non-opioid pain treatment. Obtained a judgment that Pacira’s innovative treatment did not owe royalties, the license was unenforceable, and that Pacira was entitled to over $25 million in refunded royalty payments. Recognized as runners-up for The American Lawyer’s “Litigator of the Week.”
Lead counsel for iRobot in a successful Section 337 Investigation at the International Trade Commission involving robotic floor cleaning devices (ITC# 337-TA-1252). Obtained a finding of infringement, resulting in the issuance of an exclusion order against certain SharkNinja robotic floor cleaners.
Lead counsel for Dyson in two-week jury trial over false advertising claims made by its competitor, SharkNinja. Obtained jury verdict in client’s favor on all grounds, including intentional false advertising and a damages award of $16.4 million.
Lead counsel for Schlumberger in a jury trial involving marine seismic surveying patents. Midway through a four-week trial, obtained a favorable settlement from one of the two defendants. At the conclusion of trial, the jury returned a verdict that all patents were valid and willfully infringed, along with a damages award of over $105 million, and the Court entered a permanent injunction against the defendant. Infringement and royalty portion of award affirmed by the Court of Appeals for the Federal Circuit, plus an additional award of enhanced damages for willful infringement. Supreme Court ruled client was also entitled to lost profits without regard to foreign location of lost sales in WesternGeco LLC v. ION Geophysical Corp., 585 U.S. 407 (2018).
Co-lead counsel in a two-week jury trial for John Deere over its high-speed seed planting technology. Obtained a complete plaintiff’s verdict in Deere’s favor.
Lead counsel in successful false advertising suit on behalf of Equal no-calorie sweetener alleging that Splenda no-calorie sweetener misrepresented its artificial product as natural and misled consumers with its “made from sugar” campaign. After a five-week federal jury trial, case settled upon the return of a verdict that was later described to the press as “substantial.”
Lead counsel for BASF and Argonne National Laboratory in a successful Section 337 Investigation at the ITC involving lithium metal oxide battery cathode materials (ITC# 337-TA-951). After trial determination in clients’ favor, argued rare Section 337 live hearing before the full International Trade Commission, leading to an exclusion order against foreign battery component imports.
Lead counsel for toll collection system manufacturer in RFID / EZ-Pass patent infringement litigation in district court, at the ITC (# 337-TA-979), and before the Patent Trial and Appeal Board. Invalidated multiple patent claims through Inter Partes Review and then obtained trial and final determination invalidating the remaining patent claims.
Lead counsel for healthcare company in confidential royalty agreement arbitration. Proved claimant had not fully performed under the contract, leading to a full defense win for the client.
Lead defense counsel for Boeing in a jury trial over breach of a confidentiality and non-solicitation agreement and alleged misappropriation of trade secrets. At the conclusion of the plaintiff’s case, all claims were dismissed on a directed verdict. Key claims upheld on appeal.
Lead counsel for Siemens Medical in a patent infringement trial over scintillation crystals used in medical imaging equipment. Obtained full jury verdict in client’s favor and $52M damages award, followed by a successful argument and affirmance at the Federal Circuit.
Lead counsel for Honeywell in district court, before the Patent Trial and Appeal Board, and at the Federal Circuit relating to next-generation, low global warming refrigerants and foam-blowing agents. Obtained a jury trial win and multiple favorable Federal Circuit appellate decisions in client’s favor.
Lead defense counsel for Alcon against patent and copyright claims involving laser-assisted cataract surgery equipment. Successfully defended preliminary injunction hearing and then obtained pre-trial motion victories reducing the asserted damages claims by over a billion dollars prior to a settlement between the parties.
Lead counsel for Siemens in a successful bench trial defense of a Sarbanes-Oxley whistleblower claim.
Lead defense counsel for healthcare company in confidential patent infringement and trade secret arbitration. Tried all issues to arbitration panel and obtained complete defense award and reimbursement of legal fees and expenses for client.
Lead counsel for Verizon in successful effort to obtain temporary restraining order against Cablevision over defamatory advertising campaign and in successful defense of a preliminary injunction sought by Cablevision over Wi-Fi superiority.
Lead counsel for Abbott in various ongoing litigation and advertising disputes involving infant formula and nutritional products. Successful dismissals of consumer class actions and denials of class certification under California’s CLRA.
Lead counsel for Schlumberger in a contract arbitration over downhole tools for oil exploration. Turned what was originally a defensive case into a win on a counterclaim, resulting in a monetary award in client’s favor.
Lead counsel for Raytheon in trade secret and contract dispute over U.S. government contracting bid. Fended off majority of preliminary injunction relief and then obtained favorable settlement prior to trial.
Lead counsel for Lidl in successful defense of attempt by grocery rival Kroger to disrupt Lidl’s U.S. launch with a trademark preliminary injunction motion.
Lead counsel for Sanderson Farms in a false advertising lawsuit brought by three nonprofit organizations alleging that Sanderson’s “100% Natural” advertising was false and misleading. Won full dismissal for lack of standing.
Lead counsel for Carrier Corporation in a patent infringement case involving next-generation residential HVAC systems.
Lead counsel for Carfax in putative class action and false advertising and defamation cases relating to vehicle history reports and certified pre-owned automobiles. Obtained complete dismissal of class action complaint and affirmance from the Fourth Circuit.
Lead counsel for BASF in various patent and other matters involving genetically-modified crop technology, emission catalysts, and other chemical and agricultural technologies.
Lead counsel for Facebook in successful opposition to a trademark preliminary injunction hearing in connection with its $2 billion acquisition of virtual-reality headset manufacturer Oculus VR.
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Memberships & Affiliations
American Bar Association, Intellectual Property and Litigation Sections
Federal Circuit Bar Association
International Trademark Association
Credentials
Admissions & Qualifications
- 1996, District of Columbia
- 1995, Virginia
- Registered to practice before the United States Patent and Trademark Office
Courts
- Supreme Court of the United States
- United States Court of Appeals for the Federal Circuit
- United States Court of Appeals for the Fourth Circuit
- United States Court of Appeals for the Seventh Circuit
- United States Court of Appeals for the Ninth Circuit
- United States Court of Federal Claims
- United States District Court for the District of Columbia
- United States District Court for the Eastern District of Michigan
- United States District Court for the Eastern District of Virginia
- United States District Court for the Northern District of Illinois
- United States District Court for the Southern District of Texas
Education
- Notre Dame Law SchoolJ.D.cum laude1995Managing Editor, Notre Dame Law Review
- Virginia Polytechnic Institute and State UniversityB.S., Mechanical Engineering1992