Patent Litigation and Patents

Experience

• Pharmaceutical and life sciences

• Represented research-based pharmaceutical manufacturer in challenging a patent related to an anti-inflammatory medication that often treats acne. Obtained favorable pre-trial Markman decision and favorable settlement on the eve of trial.
• Represented global pharmaceutical company Apotex in US District Court for the District of New Jersey and Federal Circuit. Successfully challenged patent covering the use of ofloxacin for ear infections. Invalidated all asserted claims, then recovered several million dollars from a posted bond for an improvidently issued preliminary injunction.
• Represented global pharmaceutical company Apotex in US District Court for the Northern District of Illinois and Federal Circuit. Successfully challenged the patent covering a drug used to treat high blood pressure and angina.
• Litigation in US District Court for the Middle District of Florida involving a patent directed to a controlled release of mesalamine. Obtained Rule 36 affirmance from the US Court of Appeals for the Federal Circuit regarding original trial court victory. Affirmance was entered less than 24 hours after oral argument.
• Co-counsel in US District Court for the District of New Jersey involving multiple patents associated with an adjunct to diet and exercise in type 2 diabetes mellitus. After multi-week trial, received decision in our client’s favor invalidating all asserted claims of two separate patents.
• Represented pharmaceutical company in patent litigation regarding an over-the-counter versions of a GERD drug. We took the case over from another firm for trial. After our cross-examination of the inventor and primary expert witness, the brand consented to entry of a final judgment of non-infringement.
• Represented global pharmaceutical company Apotex regarding patent claims—including Walker Process fraud, the Therasense standard for inequitable conduct and reverse-payment liability theories—in relation to being illegally excluded from the billion-dollar-a-year market for a narcolepsy drug. We established that the relevant patent was invalid, not infringed and procured by fraud. The decision was affirmed on appeal. We then brought the antitrust claims through a four-week jury trial before securing a favorable settlement with the last defendant just before jury deliberations.
• Litigation in the US District Court for the District of Delaware involving multiple patents associated with pre-colonoscopy cleansing using sodium picosulfate, magnesium oxide and anhydrous citric acid. Obtained judgment of non-infringement for both Orange Book patents.
• Represented Mylan in infringement dispute regarding multiple patents for topical foam acne treatment Evoclin®. Defendant Glenmark Pharmaceuticals alleged the filings were "sham litigation" to delay approval of a generic. We persuaded the US District Court for the District of Delaware to dismiss the antitrust counterclaim.
• Represented pharmaceutical company in damages portion of a patent litigation. In district court, successfully held plaintiff to limited damages. Appellate court reversed award of pre-judgment interest.
• Represented pharmaceutical company in US District Court for the Northern District of Illinois and Federal Circuit regarding patent covering competitor's blockbuster blood pressure medication. Successful patent challenge allowed our client to enter the market without being blocked by the brand's PED period.

• Software, electronics and technology

• Represent bank and financial services company in successful PTAB post-grant review defense (and subsequent appeal) regarding covered business methods.
• Represent developer of vascular medical products in patent infringement action regarding stents.
• Represent multinational consumer electronics company in patent infringement action involving navigation systems.
• Represent group of chemical manufacturing companies in patent infringement action against competitor chemical company.
• Represent world leader in shape-adaptive structures in patent infringement and ITC actions involving chemical process.
• Successfully represented multinational electronics manufacturer Kyocera in defense of a patent infringement lawsuit and in inter partes review proceedings before the PTAB.
• Represented MedTorque in patent litigation surrounding a medical device. Secured dismissal of one of three asserted patents in a motion to dismiss. Convinced plaintiff to voluntarily drop a second patent. Secured recommendation of summary judgment of non-infringement from magistrate before settling entire matter on favorable terms.
• Lead trial counsel to a provider of online authentication services before the US District Court for the Eastern District of Virginia involving alleged patent infringement of technology for authentication of users on a network. Favorable confidential settlement reached just before trial.
• Defended sportswear company against alleged infringement of fitness-tracking app patents. We convinced a Delaware federal court to dismiss all patent infringement allegations.