Patents

 

Bristol Myers Squibb Co. v. Teva Pharm. USA, Inc., 752 F.3d 967, reh’g denied, 769 F.3d 1339 (Fed. Cir. 2014), cert. denied (2015). Successfully represented generic drug manufacturer on appeal in patent case involving the obviousness of a compound claim for a new hepatitis B drug. Preserving the trial team’s victory, we prevailed on appeal at the panel stage, in opposition to rehearing (over several dissenting votes), and in opposition to certiorari.

 

Cephalon, Inc. v. Abraxis Bioscience, LLC, No. 14-1411 (Fed. Cir. 2015). Represented patent-holder in cross-appeals following dispositive claim construction rulings in case involving the patent for an innovative cancer treatment.

 

Alcon Research Ltd. v. Barr Labs., 745 F.3d 1180 (Fed. Cir. 2014) (argued). Represented generic drug manufacturer in cross-appeals in patent case involving a prescription eye drop. Issues included non-infringement, enablement, and federal procedure.

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Caraco Pharm. Labs., Ltd. v. Novo Nordisk A/S, 566 U.S. 399 (2012). Joined team to help respond to jurisdictional challenge raised during merits briefing, which we did successfully.

 

Bayer Schering Pharma AG v. Barr Labs., 575 F.3d 1341 (Fed. Cir. 2009), cert. denied (2010). Successfully represented generic drug manufacturer in a patent appeal involving the obviousness rule and an oral contraceptive. Also successfully opposed petitions for rehearing en banc and certiorari.

 

In re '318 Patent Infringement Litig., 583 F.3d 1317 (Fed. Cir. 2009). Successfully represented generic drug manufacturer on appeal in patent case involving enablement and a method-of-use patent on a treatment for Alzheimer’s disease.

 

Forest Labs., Inc. v. Caraco Pharm. Labs., Ltd., cert. denied, 129 S. Ct. 1316 (2009). Successfully opposed petition for certiorari in a case concerning Article III jurisdiction under the Hatch-Waxman Act where a patent-holder covenants not to sue, but its refusal to concede non-infringement precludes a generic drug manufacturer from obtaining the FDA approval necessary to enter the market.

 

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