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Saul Howard Perloff

Partner

Norton Rose Fulbright US LLP

Saul Howard Perloff

San Antonio

T:+1 210 270 7166

As a partner in the Intellectual Property Group and the head of the advertising practice, Saul Perloff represents domestic and international clients in advertising and unfair competition litigation under the Lanham Act and state law.  He also counsels pharmaceutical, food, device, consumer product, biotechnology and other clients on advertising and labeling compliance as well as brand protection strategies.

Saul has successfully prosecuted and defended disputes involving false advertising, unfair competition and trademark/trade dress and patent infringement in fifteen states across the country.  He also represents clients in government investigations, arbitrations and NAD proceedings.  In addition to his advertising practice, Saul has represented companies in cases involving securities fraud, anti-trust and professional liability.

From 1992 to 1995, he served as a trial attorney and member of the Chief Counsel's Honor Program in the US Army Corps of Engineers.

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  • Education

    1991 - J.D., cum laude, University of Pennsylvania Law School
    1988 - A.B., Woodrow Wilson School of Public and International Affairs, Princeton University

    For his second year of law school (1989-1990), Saul attended L'Institute D'Etudes Politiques de Paris on a Rotary International Scholarship.

    Saul is a member of the California and Texas Bars. He is admitted to practice before the Supreme Court of the United States, the U.S. Courts of Appeals for the Fifth and Eleventh Circuits and the U.S. District Courts for the Eastern, Northern, Southern and Western Districts of Texas, the Eastern and Northern Districts of California and the Eastern District of Wisconsin.

  • Representative experience

    Saul has represented a wide range of clients as lead counsel in False Advertising litigation including the following:

    • World leading food company against a competitor falsely advertising its products as equivalent to the clients' branded prescription medical foods.  After a two-week jury trial the case settled on favorable terms.
    • Counsel of record for International Trademark Association (INTA) as amicus curiae to United States Supreme Court, in Pom Wonderful LLC v. The Coca-Cola Company, No. 12-761.
    • Leading biotech tools company against a competitor that falsely claimed a study showed its gene analysis system was superior to the client's.  After initial discovery, the case settled on favorable terms that required the defendant, among other things, to remove all references to the comparison study and to recall and destroy all materials related to the study.
    • Major international pharmaceutical company against a competitor that falsely advertised allegedly "generic" versions of the client's brand name pancreatic enzyme drugs. After the court denied the defendants' motion for summary judgment the case settled on terms favorable to the client.
    • Manufacturer of the only FDA-approved inhaled antibiotic treatment for cystic fibrosis patients in a Lanham Act suit against a competing company and three compounding pharmacies. After obtaining a temporary restraining order against the defendants, the parties reached a settlement under which the defendants were required to market their treatment with disclaimers warning doctors and patients that their therapy was not clinically proven.
    • Manufacturer of a brand-name wound care ointment in a pair of Lanham Act cases against companies who falsely advertised their products as "generic" alternatives to the brand. After securing preliminary injunctions against both defendants and defeating multiple dispositive motions, the cases proceeded to trial. At the conclusion of each 3-week jury trial, the court entered judgment against both defendants.
    • Leading consumer product company in suit against the supplier of a "store-brand" version of the client's top-selling oral rinse. After conducting preliminary discovery, the parties reached a settlement that included a permanent injunction requiring the defendant to withdraw its offending product from the market.
  • Admissions
    • California State Bar License
    • Texas State Bar License
  • Rankings and recognitions
    • Legal 500 US, recommended lawyer, Intellectual Property: Trademarks: Litigation, The Legal 500, 2015-2016
    • Legal 500 US, recommended lawyer, Marketing and Advertising, The Legal 500, 2015-2016
    • The Best Lawyers in America, Best Lawyers, 2013 - 2017
    • Texas Super Lawyer, Intellectual Property Litigation, Thomson Reuters, 2013 - 2016
    • Lawdragon 3000, Lawdragon, 2007 - 2014
    • AV Preeminent Rated Lawyer, LexisNexis Martindale-Hubbell
  • Publications
    • Co Author, "Intra-Circuit split should give advertisers pause", Norton Rose Fulbright - Legal update, September 26, 2016
    • "USOC's aggressive policing of Olympic trademarks", Norton Rose Fulbright - Legal update, August 3, 2016
    • Co Author, "Amarin and FDA settle off-label suit", Norton Rose Fulbright - Legal update, March 10, 2016
    • "FDA proposes move to electronic labeling", Norton Rose Fulbright - Legal update, December 19, 2014
    • Co Author, "Supreme Court decision resolves circuit split on prudential standing in Lanham Act disputes", Norton Rose Fulbright - Legal update, March 2014
    • Co Author, "Medical experts cast doubt on multivitamin health benefits - Are enforcement efforts and consumer class actions far behind? ", Norton Rose Fulbright - Legal update, January 13, 2014
    • Co Author, "Medical experts cast doubt on multivitamin health benefits", December 23, 2013
    • Co Author, "Drug Company Asserts Right to Require FDA to Protect Market Exclusivity of Brand Drugs", Washington Health Care Update, August 10, 2012
    • Co Author, "Fulbright's 8th Annual Litigation Trends Report", The International Law Firm of Fulbright & Jaworski - Litigation, October 18, 2011
    • Co Author, "Another Signal That the DOJ Is Serious About Antitrust: Payments in Patent Settlements May Be Unlawful", Fulbright Briefing, July 10, 2009
    • Co Author, "United States Supreme Court Grants Certiorari in Wyeth V. Levine, No. 06-1249, to Consider Preemptive Scope of FDA Approval of Prescription Drug Labeling", Fulbright Briefing, January 23, 2008
    • "Understanding and Achieving the Goals of the Client", Inside the Minds: Advertising and Marketing Litigation Best Practices, 2008
    • Co Author, "Free Drug Samples Limit Cost to Settle Drugmaker Antitrust Action", Fulbright Briefing, December 7, 2007
    • "Understanding and Achieving the Goals of the Client?", Advertising and Marketing Litigation Best Practices: Leading Lawyers on Preventing Conflicts, Mitigating Risks, and Deciding When to Settle vs. Litigate (Inside The Minds), November 16, 2007
    • "Federal Circuit Defines When Preclinical Drug Research Constitutes Patent Infringement in Holding That Merck Did Not Infringe an Integra Patent", Fulbright Briefing, August 1, 2007
  • Speaking engagements
    • Presenter, "The First Amendment & FDA Restrictions On Commercial Speech," Momentum Food & Beverage Webinar Series, June 2016 
    • Panelist, "It's a Brave New World: Real World Strategies for Understanding What Kind of Off-Label Marketing Is Allowed Or Is Still Off-Limits Post-Amarin," ACI Forum on Promotional Review Compliance for Drugs & Devices, Philadelphia, Pennsylvania, January 2016
    • Panelist, "Exploring The Top 5 Blunders In Food & Beverage Promotional Campaigns," Food & Beverage Litigation, Compliance & Regulatory Exchange, Chicago, Illinois, October 2015
    • Presenter, "Managing risks: Assessing, mitigating and managing risks in the current environment," Third Annual Food Law Tele-Summit, October 2015 ‎
    • Panelist, "Off-label marketing regulations and enforcement: Implications of the Caronia and Amarin rulings," Web Seminar, September 2015
    • Moderator & Panelist, "2015 Litigation Trends Survey," Live Presentation, ACC America (South/Central Texas Chapter), San Antonio, Texas, July 2015
    • Moderator, "Food Litigation Year in Review", The Food & Beverage Marketing & Advertising Law Summit, Chicago, Illinois, September 2014
    • Panelist, "Advertising's Day in Court: The Supreme Court Takes a Stand on False Advertising," ALI-CLE Web Seminar, July 2014
    • Moderator, "Tenth Annual Litigation Trends Survey findings," Web Seminar, June 2014
    • Moderator, "Bringing Efficiency and Predictability to Litigation," Live Presentation, ACC America (South/Central Texas Chapter), San Antonio, Texas, December 2012
    • Moderator, "Fulbright Litigation Trends," Live Presentation, ACC America (South/Central Texas Chapter), San Antonio, Texas, December 2011
    • Moderator, "The ABCs of NDAs," ACC America (South/Central Texas Chapter) Roundtable, San Antonio, TX, August 2011
    • Moderator, "Corporate Compliance Best Practices: Do's and Don'ts," ACC America (South/Central Texas Chapter) Roundtable, San Antonio, TX, August 2010
    • Presenter, "Advertising and Promotion: Employing the Competitor Complaint Avenue to Your Advantage," ACI Corporate Counsel Forum on Advertising & Promotion for the Pharmaceutical Industry, New York, NY, November 2008
    • Presenter, "Generic Drug Substitution: A Legal Perspective," Annual Meeting, Association of Consultant Pharmacists, November 2002
  • Memberships and activities
    • American Bar Association
    • California Bar Association
    • San Antonio Bar Association
    • National MS Society
    • Cystic Fibrosis Foundation