Arnold B. Calmann

Member

One Gateway Center, 10th Floor, Suite 1000
Newark, NJ 07102-5311
Direct Dial: 973-645-4828 Download vCard Download VCard
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Arnie Calmann concentrates his practice in corporate, commercial, complex and multi-party litigation with an emphasis on intellectual property, antitrust and trade regulation, business torts, trade secrets, competition law and professional malpractice matters. His practice includes sales, distribution, marketing and franchise matters, corporate compliance, and officer and director counseling for national and international clients. Arnie has over 38 years of legal experience. 

 
Arnie has been selected each year for inclusion in New Jersey Super Lawyers in one of his primary practice areas, Intellectual Property Litigation, since the inception of that program in May 2005. He also is included in the Intellectual Property, Antitrust and Business Litigation practice areas listed on the website, www.superlawyers.com (New Jersey database).  Chambers USA describes Arnie as a "Great lawyer who represents clients from a broad range of industries including chemical and medical products, pharmaceutical and healthcare, gaming and consumer electronic products.  He has particular experience in matters pertaining to commercial litigation."
 
Previously, Arnie served as a Deputy Attorney General, Antitrust Section, Office of the New Jersey Attorney General, where he was principally responsible for a number of multidistrict antitrust and class actions in federal courts throughout the United States. Arnie also was involved in various state civil and criminal antitrust investigations and proceedings.
 
Arnie has represented and counseled clients in diversified industries, including pharmaceutical and healthcare, medical and chemical products, travel and entertainment, gaming, ice cream and confectionery products, perfumes and fragrances, supermarkets, consumer electronic products, clothing and footwear, office furniture, computer games and software, professional sports and sports equipment, automotive, real estate, baby food, and other service and product industries. He also has substantial experience with Japanese and European companies.
 
Since 2010, when the Chief Judge of the United States District Court, District of New Jersey, selected him, Arnie has been a member of the Lawyers Advisory Committee (LAC) for the New Jersey Federal Court.  The LAC is composed of federal judges, members of the Bar and educators, and among other responsibilities, it serves as a liaison and means of communication between the Bench, the Bar and the public, and reviews and recommends local court rules and procedures.
 
During 2008, Arnie was appointed by the Chief Judge of the United States District Court, District of New Jersey, as a member of the Patent Rules Committee, a special committee charged with considering, drafting and implementing new Local Patent Rules applicable to patent litigation matters that became effective in January 2009, and that includes special rules relating to Hatch-Waxman pharmaceutical patent actions.  He served as Chair of the Hatch-Waxman Subcommittee in evaluating issues related to such patent litigation in the District of New Jersey.
 
For four years, Arnie served as the Co-Chair of the John C. Lifland American Inn of Court for Intellectual Property and Federal Practice (1999 – 2003), and continues to serve with 10 federal judges, as a Master counselor in the Inn training young lawyers in litigation techniques. Arnie was the Chairman of the Antitrust Law Committee, New Jersey State Bar, and served as Chairman of the Corporate Counsel Committee, General Practice Section of the ABA.
 
Arnie is a frequent author and lecturer in the antitrust, intellectual property and distribution fields, and regarding federal practice and corporate counseling matters. He also has commented on antitrust, intellectual property and trade regulation for the New Jersey Law Journal.

Honors and Awards

"AV" Martindale-Hubbell® Peer Review Rating™

Listed in:

  • Chambers USA Guide to America’s Leading Lawyers for Business 2011-2016
  • New Jersey Super Lawyers® Top 100 - 2015-2016
  • New Jersey Super Lawyers® 2005-2017

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Selection methodology for awards and honors can be found here.

No aspect of these advertisements have been approved by the Supreme Court of New Jersey.

Professional History

Deputy Attorney General, Antitrust Section, Office of the Attorney General, State of New Jersey 1972-1975.

Representative Matters

Counsel in numerous intellectual property litigations, including assisting as co-counsel in Hatch-Waxman pharmaceutical patent infringement and antitrust matters.

Assisted for more than 13 years in representing a defendant Japanese consumer electronics products manufacturer in In re Japanese Electronic Products Antitrust Litigation (alleged antitrust price fixing conspiracy), which led to the Matsushita decision in the United States Supreme Court.

Served as Liaison Counsel for defendants in In re Baby Food Antitrust Litigation (D.N.J.).

Lead trial counsel for distributor/franchisee plaintiff in Atlantic City Coin & Slot Service Co., Inc. v. IGT (D.N.J.), a franchise, business torts and contract matter.

Lead trial counsel for defendant cruise line in Blumenfeld Development Corp. v. Carnival Cruise Lines (E.D.Pa.), concerning trademark and unfair competition.

Co-trial counsel for plaintiff trademark registrant in Natural Footwear Ltd. v. Hart Schaffner & Marx and Roots, Inc. (3d Cir.)

Lead trial counsel for defendant ice cream supplier in Roman Distributing Corp. v. Haagen Daz, (App. Div., N.J.). a termination of distributor, business torts, antitrust, and contract matter.

Publications

"LG, Whirlpool Take To Courts In Fridge Fight," IPLaw 360, (Arnold B. Calmann noted)  October 9, 2009.

“Ten Steps to Prevent Trademark Disaster,” by Arnold B. Calmann and Jakob B. Halpern, New Jersey Lawyer, June 2009

"Do Patent Licensees Have it Both Ways?", 188 N.J.L.J. 281, Intellectual Property & Life Sciences Supplement, April 23, 2007

Antitrust Roundtable: "Antitrust-Finding the Balance," GC Mid-Atlantic, Dec. 2006/Jan. 2007

"Antitrust Issues in Licensing, "Practising Law Institute," Understanding the Intellectual Property License, 2006, Nov. 28, 2006

"Antitrust Issues in Licensing, "Practising Law Institute," Understanding the Intellectual Property License, 2005, Nov. 18, 2005

"Antitrust Enforcement: Antitrust for the Mind and the World," The Metropolitan Corporate Counsel, Dec. 2003 (Interview)

"Records Retention and Compliance - The Evolving Burden on Corporate Counsel," The Metropolitan Corporate Counsel, June 2003 (Interview)

"How I Advise Shredders," The Star-Ledger, Aug. 19, 2002 (Interview)

"Commentary on Antitrust: 1999-2000," The Metropolitan Corporate Counsel, Dec. 2000

"Commentary on Antitrust: 1998-1999," The Metropolitan Corporate Counsel, May 1999

"Go Directly to Jail: New Federal Criminal Law Protects Trade Secrets," 151 N.J.L.J. 1024, 1998

"Business Electronics Corp. v. Sharp Electronics Corp.: Restraints Permitted in Vertical Distribution Field," 122 N.J.L.J. 386, Aug. 11, 1988

"The New World of Protective Orders," New Jersey Lawyer 24, July/Aug. 1996

"Common Law Rights to the Rescue," Intellectual Property Law Supplement, 131 N.J.L.J. 1276, 1992

"Practical Guide to Europe 1992," New Jersey Lawyer, Spring 1992 (Co-author)

"Introduction to a New Europe: A Primer for 1992," 20 Int'l Business Lawyer, Jan. 1992 (Co-author)

"Antitrust and Supplier-Distributor Relations," 139 New Jersey Lawyer 30, March/April 1991

"Antitrust: The Terminated Distributor-Clipping Plaintiffs' Wings," 120 N.J.L.J. 189, July 23, 1987

"Purchasing Power, Associations and the Antitrust Laws: A Brief Perspective," Nat'l Purchasing Review, 20, May/July 1980 (Co-author)

"Antitrust Regulations: A Program for State and Local Action," 51 N.J. Municipalities 14, June 1974

"State Antitrust Enforcement: Myths and Realities," 97 N.J.L.J. 185, March 1974

Presentations

"The District of New Jersey's Local Patent Rules: A Year in Review, and Where Do We Go from Here," Gibbons Institute of Law, Science & Technology, Seton Hall University (Nov. 15, 2010).

"Best Practices in Intellectual Property Law Litigation," N.J. Institute for Continuing Legal Education, July 21, 2010.

"Local Patent Rules: Same But Different?" United States District Court for the District of New Jersey, October 2009

“Antitrust Issues in Licensing,” Practising Law Institute, Understanding the Intellectual Property License, 2007 (Nov. 2007)

"Antitrust Issues in Licensing," Practising Law Institute, Understanding the Intellectual Property License, 2006 (Nov. 28, 2006)

"New Developments in Antitrust Law: Update 2006," N.J. Institute for Continuing Legal Education, Nov. 16, 2006

"E-Discovery and the New Federal Rules: A Shock to Corporate Governance," Client Presentation, Newark, NJ, Nov. 15, 2006

"Antitrust Issues in Licensing," Practising Law Institute, Understanding the Intellectual Property License, New York, N.Y., Nov. 18, 2005

“Document Retention and Destruction in New Jersey,” Lorman Education Services, Fairfield, NJ, June 29, 2005

“The Indispensable Guide to Antitrust Law: Antitrust Fundamentals,” N.J. Institute for Continuing Legal Education, Feb. 27, 2004

“Antitrust Compliance: An Ounce of Prevention is Worth a Pound of Cure,” Stamford, Conn., Sept. 24, 2003

“Antitrust Developments,” Greater N.Y. Chapter, American Corporate Counsel Association, Jan. 16, 2001

“Survey of Recent Antitrust Developments: The Millennium Year,” Greater N.Y. Chapter, American Corporate Counsel Association, Jan. 18, 2000

“Antitrust ’99: Annual Report,” N.J. Corporate Counsel Association, Feb. 11, 1999

“Intellectual Property: Annual Report,” N.J. Corporate Counsel Association, Sept. 16, 1998

“Annual Antitrust Update,” Greater N.Y. Chapter, American Corporate Counsel Association, Jan. 14, 1998

“Antitrust ‘97: Annual Report,” N.J. Corporate Counsel Association, May 1, 1997

“Survey of Recent Antitrust Developments,” Greater N.Y. Chapter, American Corporate Counsel Association, Jan. 16, 1997

“Antitrust ’96: Annual Report and New Frontiers,” N.J. Corporate Counsel Association, March 21, 1996

“Antitrust ’95: The Shape of Things to Come,” N.J. Corporate Counsel Association, Dec. 8, 1994

“Doing Business in Europe and Japan: Competitive Strategies for U.S. Companies,” N.J. Institute for Continuing Legal Education, Jan. 22, 1994

“Corporate Litigation: It’s Not Just Whether You Win or Lose,” Corporate Counsel Committee, Gen. Practice Section, ABA Annual Meeting, Aug. 1993

“New Directions in Antitrust Enforcement,” First Annual Business Practices Symposium, N.J. Institute for Continuing Legal Education, 1993

“Antitrust Fundamentals,” N.J. Institute for Continuing Legal Education, Feb. 13, 1993

“Recent Antitrust Developments,” Greater N.Y. Chapter, American Corporate Counsel Association, Jan. 22, 1993

“Damages in Commercial Litigation,” Lorman Education Services, Oct. 23, 1992

“100 Years of Antitrust Law - What’s Next?” 1991 NJSBA Annual Meeting, Antitrust Law Committee, May 17, 1991

“The New Antitrust: Competition in the Bush-Florio Era,” 1990 NJSBA Annual Meeting, Antitrust Law Committee, May 18, 1990

“Europe ’92 – Corporate Counsel Prepare for the Open Door in the Common Market,” 1989 ABA Annual Meeting, Corporate Counsel Committee, Section of General Practice, Aug. 7, 1989

“Litigating and Winning Trademark Infringement Suits,” 1988 ABA Fall Annual Meeting, Section of Litigation, Trial Practice Committee, High Technology, Intellectual Property & Patent Trials Subcommittee, Oct. 21, 1988

“Changing Times: The Corporate Counsel’s Role in Litigation,” 1988 ABA Annual Meeting, Corporate Counsel Committee, Section of General Practice, Aug. 5, 1988

“Motions in Limine,” ABA Mid-Year Meeting, Section of Litigation, Trial Practice Committee, April 23, 1988

“Issues in Intellectual Corporate Assets: Trademarks, Patents and the Role of General Counsel,” 1987 ABA Annual Meeting, Corporate Counsel Committee, Section of General Practice, Aug. 11, 1987

“Distributors, Franchises, Buyers & Sellers: Asserting and Defending an Antitrust Claim,” 1986 NJSBA Annual Meeting, Antitrust Law Committee, May 16, 1986

“Municipal Liability Under the Antitrust Laws: Current Issues and Problems,” N.J. League of Municipalities, 1985 Annual Convention, Nov. 21, 1985

“Municipal Liability Under the Antitrust Laws: Where Do We Stand Today,” 1985 NJSBA Annual Meeting, Antitrust Law Committee, May 17, 1985

“Antitrust Seminar for Municipalities,” Brookdale Community College, Lincroft, New Jersey, June 7, 1983

“Antitrust Practice in the Reagan/Kean Era,” NJSBA Antitrust Law Committee and Corporate and Business Law Section (Joint Program), May 11, 1982

Memberships and Activities

Lawyers Advisory Committee, United States District Court, District of New Jersey, 2010-

Patent Rules Committee, United States District Court, District of New Jersey, 2008-

Chair, Hatch-Waxman Subcommittee-2008

American Bar Association (ABA), Past Chair, Corporate Counsel Committee, Section of General Practice; Section of Intellectual Property Law (Unfair Competition - Trade Identity, Trade Secrets and Interference with Contract, Ethics & Professional Responsibility Committees); Section of Antitrust Law (Civil Practice & Procedure, Distribution & Franchising, Business Torts & Unfair Competition, Computer & Internet Law Committees); Section of Litigation (Intellectual Property Litigation, Computer & Internet Litigation, Pretrial and Discovery, Business Torts, and International Litigation Committees); Section of Business Law

New Jersey State Bar Association (NJSBA), Chair, Antitrust Law Committee (1989-1991), Intellectual Property Law Committee

John C. Lifland American Inn of Court for Intellectual Property and Federal Practice, Co-Chair, 1999-2003; Master Counselor 1993 to present

New York State Bar Association (NYSBA), Antitrust Law, International Law & Practice, Federal Practice, Corporate Counsel and Entertainment Law Committees

International Trademark Association (INTA), Past Years: Forums, Operations (Subcommittee Chair), and Law Firm Attorneys Committees

American Intellectual Property Law Association (AIPLA), ADR and Antitrust Committees

Association of the Federal Bar of New Jersey

Japan Society, New York, N.Y.

Beyond the Law

I was destined to be a lawyer. My love of Perry Mason episodes to movies like Inherit the Wind and Twelve Angry Men, provided a path to my profession. It always thrills me to watch those movies with my family and to relive the feelings first experienced in childhood.