John M. “Jay” Neukom

Neukom has had a busy year litigating trade secret and patent matters in state courts, federal courts, arbitration panels and the U.S. International Trade Commission on topics ranging from roofing to makeup.

One case proved to him that claim construction hearings in patent cases can provide dramatic results. A small maker of “roofing underlayments” — the paper between the plywood and the shingles — sued a giant competitor, GAF Materials LLC, among others, in federal courts and the ITC.

Neukom secured a very favorable claim construction reading from the ITC judge. When the ruling came out, the attorneys were in the middle of a deposition.

After the plaintiff’s attorney read the decision over a break, they immediately canceled the rest of the deposition.

“This was a first for me in my career,” Neukom said.

The next day, the small company also dropped its ITC case, although its district court case continues. Kirsch Research and Development LLC v. GAF Materials LLC, 20-CV13683 (D. N.J., filed Oct. 1, 2020); In re Certain Synthetic Roofing Underlayments and Components Thereof, 337-1202 (ITC, filed April 24, 2020).

Another unforgettable experience for Neukom was putting on a three-week arbitration trial over Zoom at the height of the pandemic early last year.

The confidential trade secrets case was so important, and the trial schedule so daunting, that he brought many of his attorneys and witnesses together in a hotel for the duration. He expects a decision in a few months.

“I feel very good about the case that we put on and feel validated that we made the decision to have the Skadden team quarantined and together in person,” he said.

There also was litigation about solar panel patents and between two companies that each named their new cryptocurrencies “Gram.”

They don’t compare, however, to the interest stirred up by his pending case about Kylie Jenner’s and Kim Kardashian’s cosmetics lines.

Neukom and his Skadden team represent Coty Inc., which owns large interests in the two lines.

Other major law firms represent the Kardashians and the plaintiff, Seed Beauty LLC, which manufactures the reality stars’ products. Seed Beauty LLC v. Coty Inc., 20VECV000721 (L.A. Super. Ct., filed June 30, 2020).

“It’s nice to have a case that my nieces and nephews think is cool,” he said. “They tend not to get very excited when I talk to them about semiconductor wafers and manufacturing processes.”

— Don DeBenedictis