Cases
Representative Matters: Intellectual Property Litigation: Obtained a dismissal with prejudice of all asserted claims in a patent infringement case in the U.S. District Court for the Eastern District of Texas on behalf of Epsilon Data Management, LLC on the basis that all asserted claims had been invalidated.
Won an appeal on behalf of Lutron Electronics of an Ex Parte Reexamination before the Patent Trial
Appeals Board (PTAB) involving a challenge by Creston Electronics of Lutron's Patent No. 5,905,442, protecting five licenses with total royalties to date of over $20 million
defending Lutron's Homeworks
RadioRA product families.
RPost Holdings, Inc. et al v. Epsilon Data Management, LLC (E.D. Tex. 2012). Representing Epsilon Data Management, LLC in patent infringement litigation concerning products
services that verify the delivery
integrity of electronic messages, including but not limited to Epsilon's electronic mail marketing services.
Obtained a dismissal with prejudice of a patent infringement case in the U.S. District Court for the Northern District of Illinois on behalf of Sears, Roebuck & Company on the basis that an online customer preference system did not infringe the asserted patents.
Outside the Box Innovations, LLC, et al. v. Travel Caddy, Inc., et al. (Fed Cir.). Federal Circuit upheld a lower court ruling that client's carrying cases for tools did not infringe appellant's patents.
Represented Lockheed Martin Corp. in opposing an effort by Zoltek Corp. to substitute it as a defendant in a patent infringement action Zoltek had originally brought against the United States stemming from the U.S.'s alleged use of Zoltek's patent in the manufacture of the F-22 fighter plane. Obtained a decision in an interlocutory appeal to the U.S. Court of Appeal for the Federal Circuit that reversed en banc a prior panel decision
a Court of Federal Claims decision that allowed Zoltek's claim against Lockheed. The Federal Circuit decision ruled that federal law protects contractors from infringement suits arising from work they perform for the government. Zoltek v. Lockheed Martin Corp.
United States, Case Nos. 96-166C (EJD) (Fed. Cl.)
09-0096 (JOF) (N.D. Ga.)
on appeal, Case No. 2009-5135 (Fed. Cir.).
Represented S
oz, Inc. in a patent infringement action regarding S
oz's abbreviated new drug application (ANDA) to make a generic version of Shire's attention deficit hyperactivity disorder (ADHD) product Intuniv, the active ingredient of which is guanfacine. Shire LLC v. S
oz, Inc., Case No. 11-01110 (RBJ) (D. Colo.).
Represented Apotex Inc.
Apotex Corp. in a patent infringement action regarding Apotex's abbreviated new drug application (ANDA) to make a generic version of Sanofi-Aventis' anti-cancer product Taxotere, the active ingredient of which is docetaxel. Following a two-week trial, obtained an order for Apotex striking down the patents-in-issue as invalid
unenforceable due to Sanofi-Aventis' inequitable conduct in procuring the patents. Aventis Pharma S.A.
Sanofi-Aventis U.S. LLC v. Apotex Inc.
Apotex Corp., Case No. 08-496 (GMS) (D. Del.). Obtained an affirmance from the U.S. Court of Appeals for the Federal Circuit on all appealed invalidity
unenforceability rulings. Case No. 2011-1018 (Fed. Cir.).
Represented S
oz, Inc. in a patent infringement action regarding Eon/S
oz's abbreviated new drug application (ANDA) to make a generic version of Pfizer's anti-seizure product Neurontin, the active ingredient of which is gabapentin. In re Gabapentin Patent Litig., MDL Docket No. 1384 (FSH) (D.N.J.).
Represented Apotex Inc.
Apotex Corp. in a patent infringement action regarding Apotex's abbreviated new drug application (ANDA) to make a generic version of Wyeth's anti-depressant product Effexor XR, the active ingredient of which is venlafaxine hydrochloride. Wyeth v. Apotex Inc.,
Apotex Corp., Case No. 08-022308 (S.D. Fla.).
Obtained a summary judgment ruling in favor of a major manufacturer of building materials on its false advertising claims against an entity that billed itself as providing unbiased information about roofing products sold in Washington state. A federal court determined that the entity's statements about the client's roofing shingles were false
misleading in violation of the Lanham Act
the Washington Consumer Protection Act
permanently enjoined it from making such statements in the future. CertainTeed Corp. v. Seattle Roof Brokers, No. 09-cv-00563 (RAJ) (W.D. Wash.).
Corporate Transactions: Represented Integral Molecular, a biotechnology company specializing in discovering therapeutic antibodies-
the industry leader in membrane protein solutions-in its research collaboration
licensing agreement with Context Therapeutics, a clinical-stage women's oncology company, to advance a potential gynecological cancer therapy involving an anti-claudin 6 (CLDN6) bispecific monoclonal antibody.
Represented online sportsbook operator Vigtory Inc. as transaction
gaming counsel in its sale to FuboTV Inc. (NYSE:FUBO), a sports-focused streaming television service
this is the first time a media company in the U.S. has fully acquired
will operate a live sportsbook.
Represented Pennsylvania Machine Works LLC, a leading manufacturer in the forged pressure fitting industry, in connection with the multimillion-dollar sale of all of its outst
ing equity to Wynnchurch Capital Partners.
Represented Texas Hospice Holdings, LLC, a multi-state hospice facility operator, in the intellectual property aspects of the sale of all its outst
ing equity to Amedisys Inc., a publicly-held hospice company.
Represented JPJ Group (formerly LSE:JPJ), a leading global online bingo-led operator, in its 490m acquisition of online gaming company Gamesys Holdings Ltd., thereby forming Gamesys Group (LSE:GYS).
Represented YouVisit, LLC, a company that has created virtual tours of campuses for more than 600 educational institutions, in its sale to EAB, a portfolio company of Vista Equity Partners that provides research, enterprise technology,
data-enabled services for education institutions.
Represented Psyadon Pharmaceuticals, Inc. in its acquisition by a subsidiary of Paragon Biosciences, bringing with it rights to develop, register
market ecopipam, a new chemical entity with orphan drug designation for the treatment of pediatric Tourette Syndrome.
Represented H.C. Wainwright & Co. LLC, acting as sales agent, in a $12.5 million at-the-market (ATM) equity offering of common stock for Aethlon Medical, Inc. (Nasdaq: AEMD).
Represented FBR Capital Markets & Co., acting as sales agent, in a $4 million at-the-market (ATM) equity offering of common stock for Cyclacel Pharmaceuticals, Inc. (Nasdaq: CYCC).
Represented WineAccess, Inc., a direct-to-consumer (DTC) wine eCommerce company, in its acquisition by Norwest Venture Partners, a global, multi-stage venture capital
growth equity investment firm.
Technology Transactions: Represented Allevi, Inc., a manufacturer of 3D bioprinters
bioinks trusted by leading researchers worldwide, in the $9.5 million sale of its business to 3D Systems (NYSE: DDD), a provider of 3D printing
digital manufacturing solutions.
Represented DuPont (NYSE: DD), a global innovation leader with technology-based materials, in its $110 million acquisition of Evoqua's Memcor business, which includes ultrafiltration
membrane bio-filtration technologies.
Represented Verizon Communications Inc. in negotiating
executing the various licensing
other agreements necessary for it to be able to spin off its local exchange
related business assets in 14 states to Frontier Communications Corp.
Represented Verizon Communications Inc. in negotiating
executing software consents for transition services necessary for it to be able to spin off its local exchange
related business assets in New Engl
to FairPoint Communications, Inc.
Represented Verizon Communications Inc. in negotiating
executing software consents for transition services necessary for it to be able to spin off its directories business
related business assets to Idearc Media LLC.
Pro Bono: Represented pro bono a former attorney for the United States Department of Justice
obtained a decision from the Court of Appeals for the Federal Circuit holding that an 18 month appointment the client received while her background check was pending did not constitute temporary work,
that she therefore qualified as an employee with appeal rights to seek back pay for her wrongful termination.
