Carey Ramos is Partner in the New York and Hong Kong offices and Co-Chair of the firm’s National Media & Entertainment Practice. He has a broad practice that concentrates on cross-border disputes and media and technology matters. Mr. Ramos has successfully represented prominent clients in widely publicized patent, copyright, trademark and trade secret actions involving music, motion pictures, computer technology, telecommunications, consumer electronics and fashion/luxury products.
In a career spanning over 38 years, Mr. Ramos has achieved over $5 billion in monetary recoveries for his clients, obtained injunctive relief in numerous matters, and successfully defended hundreds of clients in defeating claims asserted, on an individual or class basis in court and regulatory proceedings and arbitrations, in IP, antitrust, securities, products liability, environmental, executive compensation, employee benefits, contract, warranty, insurance, corporate control, merger, hostile takeover, real estate, landlord-tenant, oil and gas, auction, tax, and theatrical and art law disputes.
With extensive experience in matters concerning technology standards and patent pools, he serves as counsel to the DVD6C and BD4C patent licensing organizations, which license DVD and Blu-ray patents worldwide, and spearheads DVD6C license enforcement through litigation and international arbitration proceedings. Mr. Ramos advises clients on antitrust and competition law issues, with particular focus on the technology, media and entertainment industries, and has represented clients in litigation and before regulatory and enforcement authorities in the United States and Europe with respect to such matters.
Mr. Ramos has handled and won many of the leading cases in the past 15 years involving claims of secondary liability (contributory, vicarious, inducement, aiding and abetting and conspiracy) asserted against Internet companies for alleged copyright, trademark and patent infringement by third parties using their websites, storage services or technologies, in the U.S. Supreme Court, Second, Seventh and Ninth Circuits and district courts nationwide. These cases have produced landmark decisions that have defined the boundaries of intellectual property rights in the online era, including the Grokster decision in the Supreme Court, the Napster decisions in the Ninth Circuit, and the Aimster decision in the Seventh Circuit.
- Won an arbitral award, subsequently confirmed by the New York Supreme Court as a judgment of $80,837,194.67 (plus post-judgment interest at the rate of 2% per month until paid in full), for Toshiba Corporation in an international arbitration against Shenzhen MTC Co., Ltd. for breach of a patent license agreement.
- Won an arbitral award, subsequently confirmed by the New York Supreme Court, for Liberty Theatres, Inc. enjoining the producers of the show STOMP from moving the show to another theatre and awarding Liberty its attorneys fees and costs.
- Won summary judgment for Alibaba.com Hong Kong Limited dismissing patent and trademark claims asserted by Altinex, Inc. in the Central District of California with respect to the alleged offering by third-party suppliers of certain products on the Alibaba.com and AliExpress websites.
- Won dismissal with prejudice of patent claims asserted against Alibaba.com, Inc. in the Eastern District of Texas.
- Won motions to transfer patent cases filed by Global Equity Management (SA) Pty. Ltd. against Alibaba.com, Inc., Alibaba Singapore E-Commerce Private Ltd., and Alibaba.com Hong Kong Ltd. and against Nimbus Development Inc. and Alibaba Group Holding, Ltd. in the Eastern District of Texas to the Norther District of California. Subsequently won determinations of invalidity in inter partes reviews (IPRs) before the U.S. Patent Trial and Appeal Board with respect to all of the patent claims asserted in those actions.
- Achieved voluntary dismissal by plaintiff of copyright infringement claims asserted against Alipay US, Inc. in the Northern District of California following filing of motion to dismiss challenging the legal sufficiency of those claims.
- Won dismissal of warranty claims asserted against Alibaba Group Holding Limited in the Western District of Kentucky with respect to certain products offered by third-party suppliers on the AliExpress website.
- Won dismissal of design patent claims asserted against Alibaba Group Holding Limited in the District of Massachusetts with respect to the alleged offering of certain products by third-party supplier of certain products on the Alibaba.com website.
- Successfully represented Toshiba Corporation and Toshiba American Information Systems, Inc. in proceedings at the United States International Trade Commission concerning allegations of patent infringement by Black Hills Media, LLC and Graphics Properties Holdings, Inc. respectively with respect to certain models of Toshiba televisions, Blu-ray players and tablet computers (and parallel cases filed in the United States District Court for the District of Delaware). The ITC issued a determination of no violation and the Black Hills Media investigation and terminated the GPH investigation following a settlement reached during Commission review..
- Won dismissal for Baidu, Inc.—on First Amendment grounds—of an action in the United States District Court for the Southern District of New York alleging that Baidu has violated certain federal, state and local laws due to the alleged failure of plaintiffs’ political advocacy to appear in search results on Baidu.com.
- Won injunctive relief and recovered hundreds of millions of dollars for the music publishing industry in copyright infringement actions against Internet “file sharing” services Napster, Grokster, Kazaa, Morpheus and Aimster; Bertelsmann AG (for its investment in Napster); mp3.com; and UMG Recordings (the “Farmclub” case).
- Successfully represented Baidu, Inc. in an action against domain registrar Register.com for breach of security resulting in a major cyber-attack on the baidu.com search engine service.
- Represented The DVD Forum in winning dismissal of antitrust litigation with respect to its standard-setting activities.
- Successfully represented the DVD6C Patent Licensing Group in numerous AAA/ICDR arbitrations against DVD hardware and disc manufacturers in North America, Europe and Asia for breach of the DVD6C Patent License.
- Won dismissal for The Andrew Lloyd Webber Art Foundation of actions disputing title in a famous Picasso Blue-Period painting, Portrait of Angel Fernández de Soto (The Absinthe Drinker), which subsequently sold at auction for $54 million.
- Antitrust & Competition
- Real Estate Litigation
- Class Action Litigation
- Domestic U.S. Arbitration
- Entertainment & Media Litigation
- Intellectual Property Litigation
- Internet Litigation
- Patent Litigation
- Copyright Litigation
- Trademark, Trade Dress, Unfair Competition/False Advertising, and Publicity Rights Litigation
- Blockchain and Digital Asset Practice
- Securities Litigation
- International Arbitration
- Stanford Law School
- Stanford Law Review:
- Note Editor
- Note Editor
- Stanford Law Review:
- Yale College
(B.A., magna cum laude, 1976)
- Massachusetts Institute of Technology
- The State Bar of New York
- The District of Columbia Bar
- Admitted to Practice, United States Supreme Court
- United States Courts of Appeals:
- Second Circuit
- Sixth Circuit
- Seventh Circuit
- Ninth Circuit
- District of Columbia
- Federal Circuit
- United States District Courts:
- Southern District of New York
- Eastern District of New York
- Northern District of New York
- District of Columbia
- Eastern District of Texas
- Registered Foreign Lawyer, Law Society of Hong Kong
- Paul, Weiss, Rifkind, Wharton & Garrison:
- Partner, 1989-2011
- Lawdragon 500 Global Litigation Lawyers guide, 2021
- Winner, Client Choice Awards for Media & Entertainment Law, 2015, 2017 and 2018.
- New York Metro Super Lawyers 2007-2019.
- Martindale-Hubbell Rated AV Preeminent.
- Speaker and Panelist, Fordham Intellectual Property Institute, 2008-2017
Elected Member, American Law Institute
Fellow, Litigation Counsel of America