Cases
Representative Matters: Part of a litigation team that brought successful suit on behalf of Takeda Pharmaceutical Company Limited
Takeda Pharmaceuticals North America, Inc. against four generics to enforce a US patent covering ACTOS, the blockbuster oral anti-diabetic drug. In the 2006 decision, the US District Court for the Southern District of New York found the patent to be valid
enforceable (see Takeda Chem. Indus. v. Mylan Labs, Inc.), thereby blocking the entry of a generic version of the drug into the US market.
Part of a litigation team that brought successful suit on behalf of Scott Paper Co.
Chester Davis against Moore Business Forms, Inc. to enforce two reissued US patents covering methods of printing using carbonless copy paper systems
transfer
manifolding sheets. In the 1984 decision, the US District Court for the District of Delaware found the reissue patents to be valid, enforceable,
willfully infringed
awarded actual
punitive damages in excess of $25 million. (See Scott Paper Co. v. Moore Business Forms, Inc.)
Prepared
/or prosecuted key US patents covering successful pharmaceuticals - among them Niaspan, Pepcid Complete,
Levoxyl - currently selling annually in excess of $500,000,000/year.
Conducted due diligence to assess numerous pharmaceutical
biotechnical patent portfolios in acquisitions valued at $650 million or more.
Developed extensive patent portfolios to maximize exclusivity. The patents in one such portfolio, the Niaspan patent portfolio, were recently admitted by the generic in a Paragraph IV litigation to be valid, infringed,
enforceable.
Successfully negotiated
concluded multinational pharmaceutical
biotechnology licensing arrangements.
Obtained insurance coverage for defense legal fees under the advertising injury provisions of General Commercial Liabilities policies to defend against trademark infringement actions in Acushnet v. Birdie Golf (counterfeit
reconditioned Titleist golf balls)
Stihl v. Bailey's (gray market goods - Stihl chisel chain).