Peter J. Phillips Email: - Lucas & Mercanti, LLP

Peter J. Phillips


For more than 35 years, Peter J. Phillips has represented clients in virtually all areas of intellectual property law with specific attention to achieving clients’ goals and objectives as a legal advisor to clients’ management teams.

He provides advice on enforcing clients' patents and trademarks against infringers, avoiding liability on others’ patents and trademarks, for example, by investigating and developing invalidity and non-infringement positions; he protects his clients’ interests when litigation is advisable or inevitable; he prepares and prosecutes patent and trademark applications, and he represents clients in merger and licensing transactions. His breadth and depth of experience have earned Peter an AV® Preeminent™ Martindale-Hubbell Peer Review Rating (5.0 out of 5.0).

Peter’s extensive litigation experience includes matters involving utility patents, design patents, trademarks, trade dress, copyrights, and unfair competition. He has represented owners and accused infringers in civil actions in the federal and state courts in infringement and declaratory judgment actions involving patents, trademarks and trade dress claims, and in successful oppositions of preliminary injunction motions in trademark and trade dress actions, prevailing against allegations of actual consumer confusion. He has represented clients in post-grant proceedings before the U.S. Patent and Trademark Office, including in patent reexaminations, reissues, and interferences, and in trademark cancellation and opposition proceedings, has represented clients before the International Trade Commission involving claims of utility patents and trade dress infringement, and has also represented a client successfully in a matter before the U.S. Supreme Court.

Peter’s technical expertise and industry experience in litigation and patent prosecution matters is substantial, and includes medical devices, wireless devices, semiconductors, GPS devices, consumer electronics, nutritional supplements, pharmaceuticals and luxury goods. He has prepared and prosecuted hundreds of patent applications and has represented clients in many litigation and licensing matters.


Past Members:

  • New York Intellectual Property Law Association (Litigation Practice and Procedure Committee)
  • Association of the Bar of the City of New York (Patents Committee)
  • American Bar Association



  • Loyola University of Chicago School of Law, Juris Doctor
  • Cornell University, Bachelor of Science, Electrical Engineering


  • New York State Bar (1982)
  • Illinois State Bar (1979-2020)
  • U.S. Patent and Trademark Office
  • U.S. Court of Appeals for the Federal Circuitt
  • U.S. District Court – Southern District of New York
  • U.S. District Court – Eastern District of New York
  • U.S. District Court – Western District of New York
  • U.S. District Court – Northern District of Illinois