Cases
Experience: Recent Patent Litigation: Biofer S.p.A. v. Vifor (International) AG: Lead counsel representing Biofer in patent infringement litigation concerning the iron replacement product, Injectafer,
related manufacturing processes.
Certain Casual Footwear
Packaging Thereof: Lead trial counsel for Quanzhou ZhengDe Network Corp., d/b/a Amoji in International Trade Commission (ITC). Obtained a Commission decision of non-infringement for all accused products.
Fate Therapeutics, Inc. v. Shoreline Biosciences, Inc. et al.: Representing Fate Therapeutics in the Federal District Court for the Southern District of California to enforce Whitehead Institute patents directed to methods of making induced pluripotent stem cells ('iPSCs').
Vifor Fresenius Medical Care Renal Pharma Ltd., et al. v. Teva Pharmaceuticals USA, Inc., et al.: Trial counsel for Teva in the District of Delaware involving the VELPHORO (sucroferric oxy-hydroxide) for treating hyperphosphatemia. Currently litigating newly-added Orange Book patents while the parties await a decision of the Court.
Fairhaven Health, LLC v. Bio-Origyn, LLC: Lead counsel for Bio-Origyn in patent
breach of contract litigation relating to Women's Health products.
Almirall, LLC v. Amneal Pharmaceuticals LLC: Representing Amneal in its Paragraph IV challenge to Almirall's patents in the District of Delaware relating to a generic version of Aczone Gel, 7.5%.
Ameziel, Inc. v. Wiesner Products, Inc.: Lead counsel for plaintiff Ameziel in patent infringement litigation involving consumer products.
Inspirion Delivery Sciences, LLC v. Teva Pharmaceuticals USA, Inc. et al.: Represented Teva in Hatch-Waxman litigation in the District of New Jersey involving MORPHABOND ER abuse-resistant opioids.
Egalet US, Inc. v. Teva Pharmaceuticals USA, Inc.: Represented Teva in its Paragraph IV challenge to Egalet's patents in the District of Delaware relating to a generic version of ARYMO ER. Teva obtained a dismissal of the case with prejudice.
Collegium Pharmaceutical Inc. v. Teva Pharmaceuticals USA, Inc.: Represented Teva in Hatch-Waxman litigation in the District of Delaware involving the XTAMPZA 'abuse-resistant' oxycodone formulation
curing process patents.
Keryx Biopharmaceuticals Inc., et al. v. Teva Pharmaceuticals USA, Inc., et al.: Represented Teva in Hatch-Waxman litigation in the District of Delaware involving the AURYXIA patents directed to ferric citrate formulations
associated methods of treating hyperphosphatemia in patients with chronic kidney disease.
KSF Acquisition Corporation v. WELLNX Life Sciences USA: Lead counsel for KSF Acquisition Corp. d/b/a 'Slimfast' in breach of contract
trademark infringement.
Nalpropion v. Actavis Laboratories FL, Inc.: Lead appellate counsel for Actavis in appeal to Court of Appeals for the Federal Circuit relating to CONTRAVE (naltrexone HCl/bupropion HCl) extended-release tablets. Obtained reversal of District Court on invalidity of two Orange Book patents.
Bristol-Myers Squibb
Pfizer v. Emcure Pharmaceuticals: Represented Emcure in the Paragraph IV challenge of patents covering the billion-dollar ELIQUIS product in the District of Delaware.
Hetero v. Glenmark: Defended Glenmark in the District of New Jersey against patent infringement claims relating to the antibiotic drug compound Linezolid.
Gilead Sciences, Inc. v. Teva Pharmaceuticals USA, Inc.:Representing Teva in the Paragraph IV ANDA challenge of Gilead Sciences, Inc.'s patents in the District of New Jersey relating to Sovaldi (sofosbuvir) tablets indicated for the treatment of hepatitis C virus (HCV) infection.
Egalet US, Inc.
Egalet Ltd. v. Teva Pharmaceuticals USA, Inc.: Representing Teva in the Paragraph IV ANDA challenge of Egalet US, Inc.
Egalet Ltd.'s patent in the District of Delaware relating to Arymo ER (morphine sulfate) extended-release tablets indicated for the management of pain severe enough to require daily, around-the-clock, long-term opioid treatment
for which alternative treatment options are inadequate.
Chiesi U.S.A., Inc. et al. v. Teva Pharmaceuticals USA, Inc.: Representing Teva in the Paragraph IV ANDA challenge of Chiesi USA Inc.'s patents in the District of Delaware relating to Bethkis (tobramycin inhalation solution) indicated for the management of cystic fibrosis patients with Pseudomonas aeruginosa.
Orexigen Therapeutics, Inc. v. Actavis Laboratories FL, Inc.: Representing Actavis/Teva in the Paragraph IV ANDA challenge of Orexigen Therapeutics' patents in the District of Delaware relating to Contrave (naltrexone HCl/bupropion HCl) extended-release tablets indicated for the treatment of obesity
weight management.
Pernix Irel
Pain Ltd
Pernix Therapeutics, LLC v. Actavis Laboratories FL, Inc.: Represented Actavis/Teva in the Paragraph IV ANDA challenge of Pernix Irel
Pain Ltd.'s patents in the District of Delaware relating to Zohydro (hydrocodone bitartrate) extended release tablets indicated for the management of severe pain requiring daily, around the clock, long term treatment.
LEO Pharma A/S et al v. Actavis Laboratories UT, Inc.: Represented Actavis/Teva in the Paragraph IV ANDA challenge of Leo Pharma A/S's patents in the District of Delaware relating to Picato (ingenol mebutate) gel used to treat actinic keratosis on the skin.
Meda et al. v. Teva Pharmaceuticals USA: Representing Teva in Hatch-Waxman litigation involving drug DYMISTA .
Delavau v. Corbion, et al.: Representing Delavau in patent litigation in District of New Jersey involving technologies for dietary calcium fortification.
Represented a global manufacturer of titanium dioxide pigment in litigation brought by competition before the London Court of International Arbitration.
Nextec Applications v. United States, et al.: Lead counsel for Brookwood Companies in Court of Federal Claims patent infringement action involving the manufacture of military apparel.
Delavau v. Watson: Represented Delavau in patent infringement action brought in the Eastern District of Pennsylvania involving technology for dietary calcium fortification.
Delavau v. J.M. Huber: Represented Delavau in preliminary injunction action brought in the District of New Jersey involving nutraceutical tablets.
Enzo Life Sciences v. Affymetrix: Represented Enzo in breach of contract litigation in the Southern District of New York relating to labeled nucleotides
gene arrays.
Enzo Biochem v. PerkinElmer: Represented Enzo in breach of contract
patent litigation in the Southern District of New York relating to labeled nucleotides.
Roche Diagnostics v. Enzo Biochem: Represented Enzo in breach of contract
patent litigation in the Southern District of New York relating to clinical diagnostics.
Enzo Biochem v. Molecular Probes, Inc.: Represented Enzo in breach of contract litigation in the Southern District of New York relating to labeled nucleotides
arrays.
Nextec Applications v. Brookwood Companies, Inc.: Trial counsel for defendant Brookwood Companies in the Southern District of New York in patent infringement action involving polymer rheology. After a three week trial, we obtained a finding of non-infringement, which was upheld on appeal.
GeoTag Inc., Aromatique Inc., et al., Represented defendant Avon Products in patent litigation in Eastern District of Texas relating to systems
methods that associate online information with geographic areas.
Patent Prosecution
Post-Grant Proceedings: Dr. Ball has represented clients in dozens of post-grant patent office proceedings, including patent reexaminations, inter partes review (IPR),
oppositions, in technologies ranging from cosmetics, paints
coatings, textiles, food science, labeled nucleotides
nucleic acid hybridization probes.
Represents start-ups
Fortune 500 companies in protecting IP
developing patent portfolios in the areas of chemicals, pharmaceuticals, clinical diagnostics, medical devices, cosmetics, food science, nutraceuticals, paints
coatings,
many others.
