Patent Litigation Practice
Our attorneys are trial lawyers in the key federal courts in Delaware, New Jersey, the ED of Texas, the SD of New York, the ND of California, the CD of California, and the ND of Illinois. When clients need skilled courtroom lawyers, our firm is there on the front line. We have also been involved and argued numerous appeals at the Federal Circuit and U.S. Supreme Court. Furthermore, we have been involved in numerous US ITC litigation.
We do the same for PTAB proceedings (IPR/PGR) at the Patent Office. We have been involved in many PTAB proceedings both on the patentee and generic sides. We understand the role and strategy of the IPR/PGR in conjunction with or in lieu of the court litigation. We are acutely sensitive to if and when to file for a PTAB proceeding, how the estoppel may later apply, and ensuring a consistency between the PTAB proceeding and parallel court proceeding.
But we also understand that patent litigation is not the desired end-result in every case. We do not litigate every possible allegation or defense. We disagree with scorched earth litigation tactics that needlessly complicate a case, irritate opposing sides and judges, and waste the client’s money. We want to deliver a meaningful result to the client based on alignment with the client’s goals.
Clients have transferred ongoing patent litigations to us because of our expertise to get the job done in a high quality and cost effective manner. Often times, we inherit a transferred case after the client’s budget is blown and seemingly very little has been accomplished. We take over, apply our LEAN/Six Sigma approach, and work to achieve the client’s goals.
Clients rely on our strong relationships with leading experts in pharmaceutics, pharmacology, formulation chemistry, methods of use, synthetic and medicinal chemistry, polymorphism, and all forms of analytical testing. We win cases because we align: (i) the expert’s testimony; (ii) the litigation strategy; and (iii) our ability to tell a simple story with complex facts.
We represent clients in:
- Paragraph IV/Hatch-Waxman Act litigations involving traditional brand versus generic companies
- Paragraph IV/Hatch-Waxman Act litigations involving brand versus brand companies (e.g., NDA/RLD holder vs 505(b)(2) applicant)
- Traditional patent litigation involving patentees and alleged infringers.
- Representing clients joint inventorship and other ownership disputes
- Developing strategic litigation strategies including counterclaiming and alternative business objectives such as cross-licensing
- Participating in administrative proceedings before the Patent Office Trial and Appeal Board (PTAB)
- Advising on all aspects of patent litigation including infringement and validity analysis
- Prosecution history issues relating to priority of invention and inequitable conduct; patent misuse and damages; antitrust issues and preliminary and permanent injunctions
To learn more about our Branded Drug Practice, click HERE.
To learn more about our Generic Drug Practice, click HERE.
To learn more about our Medical Device Practice, click HERE.