Jordana A. Garellek

Notable Matters and Client Impact

Land Use

• Represented national real estate developer in obtaining zoning variances for the enlargement of a shopping center.
• Obtained legalization of an iconic rooftop billboard on the approach to the Lincoln Tunnel in New York City.
• Obtained a quitclaim deed from the City of New York in connection with the existence of formerly mapped streets related to the sale of an approximately 10-acre industrial site.
• Represented a developer in a zoning lot merger and purchase of approximately 30,000 square feet of development rights from multiple adjoining properties in connection with the construction of a high-rise luxury building on the Upper East Side of Manhattan.
• Represented a developer in an application for the variance of existing zoning regulations to permit a residential subdivision of waterfront property in the Bronx.
• Represented a large NGO in obtaining special zoning approvals for security upgrade and physical plant renovation.
• Represented a developer in a zoning lot merger and purchase of approximately 32,000 square feet of development rights from multiple adjoining properties in connection with the construction of a high-rise luxury building on the Upper East Side of Manhattan.
• Provided analysis to a lending institution on zoning insufficiencies, noncompliances, and major violations for three substandard residential buildings on Central Park West in Manhattan.
• Represented a condominium in the sale of approximately 14,000 square feet of development rights for the redevelopment of the former Streit’s Matzo Factory in Manhattan.
• Analyzed zoning compliance for a proposed acquisition of a mission building for the Thai government.
• Represented an affiliate of a realty company in negotiating and closing the transfer of air rights to increase the size of a building to be constructed in Manhattan.

Intellectual Property

• Obtained a settlement on behalf of a defendant RFID system manufacturer in a trade secret litigation in the U.S. District Court for the District of Arizona relating to wireless incontinence detection system.
• Represented a defendant flood insurance company in the U.S. District Court for the District of Nevada in a trade secret litigation relating to flood insurance claim software and obtained partial summary judgment.
• Obtained summary judgment of noninfringement in the District of Delaware on behalf of CenturyTel Broadband Services, LLC and Qwest Corporation (now Lumen Technologies, Inc. and formerly CenturyLink, Inc.) in a patent litigation related to the defendants’ ADSL systems.
• Obtained a dismissal with prejudice of a patent infringement case in the U.S. District Court for the Southern District of Mississippi on behalf of Mississippi Power Company on the basis that all claims of an automatic bill payment system patent were invalid as being directed toward patent-ineligible subject matter.
• Obtained a dismissal with prejudice of all asserted claims in a patent infringement case in the U.S. District Court for the Eastern District of Texas on behalf of Epsilon Data Management, LLC on the basis that all asserted claims had been invalidated.
• Successfully prosecuted a patent on behalf of a client directed to features of a digital music streaming service application.
• Ultravision Technologies, LLC v. Lamar Advertising Company, American Lighting Technologies, Inc., and Irvin International, Inc., (E.D. Tex.). Represented Lighting Technologies, Inc. and Irvin Int’l, Inc. in an action involving claims for infringement of five patents, misappropriation of trade secrets, and various state law claims in connection with the manufacture and sale of LED-based billboard lighting systems.
• Affinity Labs of Texas, LLC v. Clear Channel Broadcasting, Inc. (E.D. Tex). Represented a patent holder in a patent infringement action relating to assertions of infringement by the iHeartRadio music application for streaming radio stations over portable cellular devices.
• Jazz Pharmaceuticals, Inc. et al. v. Wockhardt Bio AG et al., 2:15-cv-5619 (D.N.J. 2015). Obtained a settlement on behalf of Wockhardt Bio AG in a patent litigation matter relating to Jazz Pharmaceutical’s treatment for narcolepsy, Xyrem.
• Solomon v. O’Connor et al. (D. Mass. 2017). In a pro bono matter, successfully obtained a settlement with a complete assignment of all right, title, and interest of a deceased artist’s portfolio for a disabled art historian who was publicizing the artist’s life and work.
• Drafted and successfully prosecuted a patent for orthopedic and orthotic braces and supports.
• Obtained a dismissal with prejudice of a patent infringement case in the U.S. District Court for the Northern District of Illinois on behalf of Sears, Roebuck & Company on the basis that an online customer preference system did not infringe the asserted patents.
• FashionCraft-Excello, Inc. v. CheapFavorShop.com, WeddingFavors.org, CustomGift.com, BabyFavors.com, Outdoor Living, Inc., a.k.a. OutdoorLiving.com, Wish Rocket, LLC and Ronald G. Spinks Jr., Case No. 1:16-cv-00381-PKC-RER (E.D.N.Y. 2016). Represented FashionCraft-Excello in an action involving trademark infringement, copyright infringement, false designation of goods, false advertising, unjust enrichment, deceptive acts and business practices, deception and confusion of consumers, and damage to FashionCraft-Excello’s reputation and goodwill in connection with the marketing and sale of wedding and events favors and gifts.
• Obtained a dismissal with prejudice in a patent infringement case in the U.S. District Court for the Eastern District of Texas on behalf of Epsilon Data Management, LLC, a subsidiary of Alliance Data Systems Corp., in which Rpost Holdings, Inc., Rpost Communications Ltd., and Rmail Ltd. asserted patents directed to verifying delivery and integrity of electronic messages; this case was consolidated with cases against defendants Experian Marketing Solutions, Inc. and Vocus, Inc.

Before joining Nutter, Jordana was a senior associate at Duane Morris LLP. Earlier in her career, she interned in the Domestic Violence Bureau of the Kings County District Attorney’s Office.