Experience

• Trial

  • Absorption Pharmaceuticals v. Reckitt Benckiser (D.N.J.): Defended Reckitt against allegations of fraud and trade secret misappropriation relating to an over-the-counter pharmaceutical product. Following a four-week trial, the jury unanimously returned a verdict in favor of Reckitt on all issues. 
  • Roche Diabetes Care v. Insulet (D. Del): Represented Roche in this patent infringement suit against Insulet relating to insulin pump technology. Following a favorable claim construction and denial of Insulet’s motion for summary judgment, the case settled on favorable terms. 
  • Swatch Group v. 375 Canal Street LLC (S.D.N.Y.): Counsel for Swatch and its Omega subsidiary in the first case to take a claim of contributory trademark infringement based on landlord liability to trial. Following a five-day trial, the jury returned a unanimous verdict finding the defendant landlord liable for counterfeiting activity on its premises and awarding $1.1 million in damages based on the sale of a single counterfeit watch. 
  • Representing a major life sciences innovator in multiple IPRs and litigations under the BPCIA.
  • Enzo Biochem v. Roche (D. Del): Achieved a significant victory on behalf of our clients, multiple medical device and diagnostics companies, when the District of Delaware granted summary judgment invalidating the key patent asserted against our clients. The summary judgment ruling was upheld on appeal by the Federal Circuit.
  • American Process Inc., et al. v. GranBio Investimentos S.A. (N.D.Ga.): Achieved a favorable outcome for GranBio, a Brazilian biotechnology and clean energy company, when the Northern District of Georgia granted our motion to compel arbitration, denied plaintiffs’ motion for preliminary injunction and stayed the case pending arbitration.
  • Eastman Kodak Corporation v. Ricoh (S.D.N.Y.): Counsel for Kodak in this case involving breach of patent license agreement. Following trial, the jury returned a verdict in favor of Kodak, leading to a judgment of over $75 million. 
  • Abbott Laboratories v. Centocor (D. Mass.): Counsel for Abbott in this case asserting infringement of two Abbott patents relating to antibody technology.
  • Apotex v. Cephalon (E.D. Pa.): Counsel for Cephalon in this ANDA litigation asserting patent infringement claims against Apotex’s proposed generic version of Provigil.®
  • Contour Design, Inc. v. Chance Mold, Ltd. (D.N.H.): Following successful jury trial, obtained permanent injunction preventing defendant from making and selling ergonomic mouse products incorporating Contour’s proprietary design information, and award of damages and attorney’s fees in favor of Contour.
  • Polymer Technology Systems v. Roche (S.D. Ind.): Counsel for Roche in this declaratory judgment case alleging non-infringement and invalidity of a Roche patent relating to diabetes blood testing meters. Obtained complete dismissal of case in favor of German DIS arbitration initiated by Roche against PTS.
  • Counsel for Respondent in multi-patent case in U.S.I.T.C. involving digital camera technology. Case settled favorably following hearing.
  • In re Hardware Emulation Systems (U.S.I.T.C.): Counsel for Mentor Graphics. Obtained advisory opinion that Mentor’s remote access to hardware emulation devices located outside the US did not violate a prior ITC exclusion order.
  • Roche Diagnostics v. Enzo Biochem; Affymetrix v. Enzo Biochem (S.D.N.Y): Counsel for Roche and Affymetrix in declaratory judgment actions seeking determinations that Enzo patents relating to nucleic acid labeling reagents are not infringed and invalid. The case recently settled on favorable terms.