Cases
Representative Matters: Spineology v.
Wright Medical Technology: (District of Minnesota
Court of Appeals for the Federal Circuit, 2015-2019) (medical device: surgical reamer): Lead counsel for Wright Medical in patent litigation concerning a surgical reamer. The Court granted summary judgment of non-infringement in favor of our client. Decision affirmed by the Federal Circuit on appeal.
Alnylam Pharmaceuticals, Inc. v.
Dicerna Pharmaceuticals, Inc.: (Massachusetts Superior Court, 2016-18) (RNA interference technology): Member of Duane Morris trial team representing Dicerna against claims of trade secret misappropriation brought by Alnylam, a competing biotech company. Dicerna alleged the lawsuit was brought for the ulterior purpose of interfering with its business,
asserted counterclaims for abuse of process, tortious interference,
unfair trade practices. The counterclaims survived three rounds of dispositive motion practice. Case settled on the eve of trial.
Teva v.
Amneal: (District of Delaware
Court of Appeals for the Federal Circuit, 2015-present) (pharmaceuticals: glatiramer acetate/Copaxone ): Lead counsel for Amneal at trial of four-patent case concerning Teva's multiple sclerosis drug Copaxone . All patents held invalid for obviousness. Decision affirmed by the Federal Circuit on appeal.
Depomed v.
Actavis: (District of New Jersey
Court of Appeals for the Federal Circuit, 2013-present) (pharmaceuticals: tapentadol/Nucynta ): Lead counsel for Actavis at trial of patent case concerning opioid analgesic. Won judgment of non-infringement of Depomed's last-to-expire patent. Decision affirmed by the Federal Circuit on appeal.
AngleFix
UNC v.
Wright Medical Technology: (Western District of Tennessee
Patent Trial
Appeal Board, 2013-2017) (medical device: bone screws
plates): Lead counsel for Wright Medical in patent litigation concerning bone screws
plates. Won IPR challenge against 27 of 39 asserted patent claims. In District Court, won motion to exclude key opinions of plaintiffs' technical expert,
won summary judgment of non-infringement on 8 of 12 remaining claims. In the wake of those rulings, the plaintiffs agreed to dismiss their case with prejudice, bringing a major four-year litigation to an end.
LifeCell v.
TelaBIO: (New Jersey Superior Court, 2015-16) (medical device: extracellular matrix technology): Member of Duane Morris team representing biomedical device start-up company in trade secret litigation. Resolved on favorable terms.
Howmedica
Stryker v.
Wright Medical Technology: (District of New Jersey
Court of Appeals for the Federal Circuit, 2011-2016) (medical device: hip prosthesis): Lead counsel for Wright Medical in patent litigation concerning total hip arthroplasty devices. Won favorable Markman claim construction ruling
summary judgment of non-infringement. Affirmed by precedential decision of the Court of Appeals for the Federal Circuit.
Zond v.
Taiwan Semiconductor Manufacturing Company Limited: (District of Massachusetts, District of Delaware, Court of Appeals for the Federal Circuit,
Patent Trial
Appeal Board, 2013-2015) (semiconductor fabrication): Counsel for TSMC in complex, multi-jurisdiction patent dispute, including lead role in the largest-ever set of inter partes review proceedings before the PTAB. Resolved on favorable terms.
Commonwealth Laboratories v.
Genova Diagnostics: (Southern District of Florida, 2014) (diagnostic testing): Lead counsel for Genova Diagnostics in patent litigation concerning diagnostic test for intestinal bacterial overgrowth. After we filed a motion to dismiss
indicated our intent to seek attorneys' fees, the plaintiff dismissed its case with prejudice.
Teva v.
Actavis:, et al. (District of New Jersey, 2013) (pharmaceuticals: rasagiline/Azilect ): Lead counsel in patent case concerning treatment for Parkinson's Disease. Selected by multi-defendant group to deliver opening statement at trial on behalf of all defendants. Case settled on first day of trial.
Nilssen v.
Costco Wholesale: (Northern District of Illinois
Court of Appeals for the Federal Circuit, 2005-11) (compact fluorescent light bulbs): Lead counsel for Costco in patent litigation concerning CFLs. Won summary judgment that the patents in suit were unenforceable due to inequitable conduct,
an award of attorneys' fees. Both the summary judgment
the fee award were affirmed on appeal. Argued before the Federal Circuit on behalf of multi-defendant group including Wal-Mart
IKEA.
King Pharmaceuticals v.
Actavis: (District of New Jersey, 2010-2011) (pharmaceuticals: delayed release morphine/Avinza ): Lead counsel for Actavis in two-week patent trial. We were retained to replace predecessor counsel shortly before trial. Case settled on favorable terms after trial.
Wyeth v.
Apotex: (Southern District of Florida, 2008-2010) (pharmaceuticals: venlafaxine extended release/Effexor XR ): Lead trial counsel for Apotex in patent case concerning Wyeth's blockbuster antidepressant Effexor XR. Case settled on favorable terms after two phases of a three-phase trial.
Moisin v.
Feit Electric: (District of Massachusetts
Eastern District of Texas, 2005-2011) (compact fluorescent light bulbs): Settled patent case in Massachusetts on very favorable terms, including general release of claims against our client Feit Electric. When plaintiff filed a later case in Texas on a different patent against a different product, we successfully enforced the settlement agreement
had the new case dismissed with prejudice.
Saint-Gobain Technical Fabrics America, Inc.: v. Checkmate Geosynthetics, Inc. (Middle District of Florida, 2009-10) (fabric-based reinforcement products for construction applications): Lead counsel for plaintiff in patent litigation concerning pavement-reinforcing products. Established personal jurisdiction over foreign defendant based on promotion of its products at a U.S. trade show. Won default judgment of patent infringement,
permanent injunction, based on defendant's failure to comply with its discovery obligations.
EPIC Technologies: v. Freescale Semiconductor (District of Massachusetts, 2008-09) (semiconductor packaging): Lead counsel for small semiconductor packaging company against industry giant Freescale, in case concerning patent infringement, misappropriation of trade secrets
unfair competition. Case settled on favorable terms.
Accu-Time Systems v.
Zucchetti: (District of Massachusetts, 2005-08) (biometric technology): Lead counsel for Italian company in patent case concerning biometric technology. Argued
won a favorable Markman claim construction ruling. Following that ruling, the plaintiff dismissed its case with prejudice
did not appeal.
Solaia Technology v.
OPC Foundation:, et al. (Eastern District of Wisconsin, 2003-06) (industrial automation): Lead counsel for st
ards-setting organization in complex patent-related antitrust litigation. Case dismissed as against our client.
AccessCardio Systems: v. Fincke (Massachusetts Superior Court, Business Litigation Session, 2004) (medical device: automated external defibrillator): Lead counsel for start-up medical device company in litigation against founder who left company. Founder had no written agreement with company,
he refused to assign key intellectual property to the company. Won injunction preserving the company's rights in the IP.
