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Anthony J. Viola

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Education

  • Georgetown University (JD, magna cum laude, Order of the Coif)
  • Fordham University (BA, magna cum laude)

Bar Admissions

  • Connecticut
  • New York

Anthony has more than 25 years of complex and commercial litigation experience encompassing a wide range of industries and issues. His practice focuses primarily on intellectual property litigation, contract disputes, distribution arrangements, shareholder and investor lawsuits, antitrust matters, and business dissolutions. 

Anthony has served as lead trial counsel in state and federal courts and before the American Arbitration Association. He also has extensive appellate experience. He has successfully represented clients in high-stakes Hatch-Waxman litigations — including two cases involving products with sales in the billions of dollars and hundreds of millions of dollars, respectively — as well as in Lanham Act cases, class action antitrust cases, Sherman and Robinson-Patman Act class actions, false advertising cases, patent infringement cases, estate and trust disputes, fraud cases, and many additional complex litigation matters. 

Prior to joining Mintz Levin, Anthony served in the New York office of a large, full-service law firm. He also practiced for 10 years with another global corporate law firm headquartered in New York.

Representative Matters

  • Represented a client in a Hatch-Waxman litigation that resulted in what is believed to be the largest award of attorneys’ fees in an Abbreviated New Drug Application (ANDA) case to date.
  • Represented a client in a Lanham Act case where the client was charged with violating an injunction entered as part of a settlement. The injunction was vacated both retroactively and prospectively, and the decision was upheld on appeal.
  • Represented several prominent national real estate developers in disputes with investors, buy/sell disputes, and disputes under LLC operating agreement.
  • Represented a defendant in a Lanham Act repackaging case that made new law. The case was won on summary judgment, and through appeal.
  • Defended a global electronics manufacturer in a number of consolidated class action antitrust cases.
  • Represented a $2 billion pharmaceutical/health and beauty aids distributor in a wide variety of matters including regulatory, Prescription Drug Marketing Act, trademark, contract, fraud, and tort issues.
  • Implemented a litigation strategy for an industry leading hair-care wholesaler that led to winning or settling all major existing litigations, thereby eliminating nearly all impediments to marketing.
  • Represented a major name-brand pharmaceutical manufacturer in Sherman and Robinson-Patman Act class actions.
  • Represented a global computer manufacturer in a series of litigations designed to protect patents and copyrights in proprietary peripheral bushardware and software.
  • Defended a surgical equipment manufacturer in several patent infringement cases involving a number of medical devices.
  • Defended a wholesale distributor of pharmaceuticals in several trademark cases involving various products where it was alleged that the products were rendered non-genuine for failure to adhere to the manufacturer's quality control strictures, or for removal of batch and date codes.
  • Represented a plaintiff clothing manufacturer in a suit alleging trademark infringement by another clothing manufacturer.
  • Served as lead counsel at an arbitration hearing in which a board member and majority stockholder were sued by minority stockholders of a company that executed a “down round” transaction. The claimants alleged breach of fiduciary duty, fraud, and breach of stockholders’ agreement. The case resulted in an award for our client.
  • Defended an accounting firm in the first post–PSLRA §10(b)-5 action against accountants to go to verdict. The result was a unanimous jury verdict for the defense.
  • Represented major firms and individual brokers in §10(b)-5 actions and in NASD arbitrations, and succeeded in having all references to an arbitration expunged from the brokers' Central Registration Depository records.
  • Represented registered representatives in various investigations by the National Association of Securities Dealers regarding supervisory responsibilities, qualifications, and the like.
  • Represented the income beneficiaries of a $700 million trust in a dispute with trustees over diversification and corporate control issues. The matter was litigated through trial and appeal.
  • Represented a Northeastern railroad as a plaintiff under Sherman Act §§ 1 and 2.
  • Defended a Fortune 500 media company and individual directors in a securities class action and in derivative suits that alleged breaches of fiduciary duty.

Recognitions & Awards

  • Managing Intellectual Property: IP Star (2014, 2016)
  • BTI Consulting Group: Client Service All-Stars (2014)
  • World Trademark Review: WTR 1000 Leading Trademark Practitioners (2010 – 2016)
  • Martindale-Hubbell AV Preeminent Rating
  • Law 360: Prominent Litigator Series
  • Order of the Coif

Professional & Community Involvement

  • Member, International Association of Defense Counsel
  • Member, American Intellectual Property Law Association
  • Member, Federal Circuit Bar Counsel