Barclay Damon
Barclay Damon

Hoda 
     Rifai-Bashjawish

Hoda Rifai-Bashjawish

Associate

p: 315.425.2834

f: 315.703.6243

icon_email hrifai-bashjawish@barclaydamon.com
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Syracuse Office

Barclay Damon Tower
125 East Jefferson Street
Syracuse, New York 13202

Hoda’s primary practice area is intellectual property, with a specific focus on patent enforcement and validity matters. She has a deep understanding of a broad range of intellectual property issues, handling patent, trade secret, trademark, and copyright portfolio counseling, protection, enforcement, and defense matters. Hoda’s dual technical background in biomedical engineering and physics gives her a comprehensive understanding of complex intellectual property across a broad range of technologies, including medical devices, pharmaceuticals, software, semiconductors, MEMS devices, optical lithography, telecommunications, and mechanical devices, among others.

Hoda’s practice predominantly involves litigating complex intellectual property and commercial matters. She has litigated in a variety of forums, including district courts throughout the United States, the Federal Circuit, the US Patent Trial and Appeal Board, the Trademark Trial and Appeal Board, the US International Trade Commission, and New York and New Jersey state courts. She has experience in all stages of litigation, including pre-litigation diligence and settlement to appellate practice. She also has significant experience in large-scale electronic discovery, handling dozens of matters ranging from 10 GB to nearly 20 TB, and is skilled at managing discovery and minimizing the associated costs.

In addition to her litigation practice, Hoda supports clients in procuring intellectual property rights through US Patent and Trademark Office and US Copyright Office applications M&A due diligence, and transfer and licensing agreement drafting, reviewing, and negotiation.

Hoda also has an extensive pro bono practice that includes representing a nonprofit organization at zoning board hearings, preparing asylum applications, appearing on behalf of indigent tenants in landlord-tenant court, and volunteering at legal clinics.

Representative Experience

  • Represented a leading medical-device manufacturer in patent- and trade-dress litigation.
  • Represented a global telecommunications company in patent litigation against a competitor.
  • Conducted patent due diligence for a leading cold-beverage company in its acquisition of complementary hot-beverage company.
  • Defended a multinational pharmaceutical company in ANDA litigation.
  • Represented an industrial manufacturing company in both defensive and offensive patent litigation against a competitor.
  • Defended a finance company patent holder in covered-business method review.
  • Defended an international diagnostic-testing research company in breach-of-contract litigation, resulting in a settlement and renewal of the business relationship.
  • Conducted intellectual property due-diligence for a M&A transaction involving a 10-year collaboration and development agreement as well as the acquisition of a minority stake for over $1 billion.
  • Represented a US-based clothing manufacturer in successful pre-litigation enforcement of its intellectual property.
  • Defended a leading outdoor-product manufacturer in district court, winning dismissal on motion.
  • Provided legal and business-formation advice to establish a not-for-profit organization for inventors in the medical field to help secure intellectual property rights.

Practice Areas

Education

  • Columbia University Law School, J.D., Harlan Fiske Stone Scholar, 2013
  • Adelphi University, B.S., magna cum laude, 2009
  • Columbia University, B.S., cum laude, 2009

Admitted To Practice

  • New Jersey
  • New York
  • U.S. District Court, District of New Jersey

Memberships & Affiliations

  • American Intellectual Property Law Association
  • Intellectual Property and Innovation American Inn of Court
  • Northern District of New York Federal Court Bar Association
  • Barclay Damon’s Women’s Forum
  • Sigma Pi Sigma Physics Honor Society
  • Tau Beta Pi Engineering Honor Society

Civic Activities

  • Syracuse City Court, Small Claims Arbitrator
  • Vera House, Legal Clinic Volunteer
  • Onondaga County Bar Association Volunteer Lawyers Project, Volunteer Attorney
  • NYCLU, Board Member

Speaking & Publications

  • Intellectual Property and Innovation American Inn of Court Luncheon Roundtable, “TC Heartland LLC v. Kraft Foods Group Brands LLC and Proper Venue in Patent Suits”
  • Patent Litigation Lunch, “Interplay of Patent Trial and Appeal Board and District Court Proceedings”
  • Intellectual Property & Technology Law Journal, “In a Nutshell: What to Expect in IP Litigation”
  • National Law Journal,“‘Indefiniteness’ Finally Gaining Some Respect”

Honors

  • US District Court for the Northern District of New York, Pro Bono Service Award, 2018
  • Columbia University Law School, Harlan Fiske Stone Scholar
  • Fulbright Program, US Fellowship Grant Recipient
  • Critical Language Enhancement Award

Prior Experience

  • Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates, Associate
  • Radulescu LLP, Associate