PATENT, COPYRIGHT AND OTHER INTELLECTUAL PROPERTY PROTECTION
We have litigated copyright, patent, trade secret, trademark and other intellectual property issues in dozens of major cases over the last 25 years, representing universities, individual inventors and artists, and other intellectual property owners in protecting their patents, trademarks, copyrights, and trade secrets, and also in “busting” bogus, illegitimate patents obtained by brand drug companies and others seeking to assert illegitimate “rights” to monopolize and unfairly raise prices in technical, medical, and other markets.
CASE EXAMPLES:
Successfully represented inventor of drug development technology in a breach of patent license action. Prevented assertion of patent invalidity and patent misuse defenses on grounds of licensee estoppel. Icahn School of Medicine at Mount Sinai v. Neurocrine Biosciences, Inc., 243 F. Supp 3d 470 (S.D.N.Y. 2017). See also, Icahn School of Medicine at Mount Sinai v. Neurocrine Biosciences, Inc., 191 F. Supp.3d 322 (S.D.N.Y. 2016) (affirming de facto sublicense theory)
Successfully obtained judgment of patent invalidity on appeal, in defense of ANDA litigation over generic version of YAZ oral contraceptive product. Reported appellate decision: Bayer Healthcare Pharm., Inc. v. Watson Pharm., Inc., 713 F.3d 1369, 1377 (Fed. Cir. 2013).
Successfully defended against federal copyright suit asserting vicarious and contributory trademark and copyright liability for provision of financial services to operators of websites that allegedly infringed plaintiff’s copyrighted images. Affirmed by landmark Ninth Circuit reported decision: 497 F.3d 788 (9th Cir. 2007).
Successfully prosecuted federal antitrust and patent invalidity declaratory relief action for personal computer maker against Texas Instruments. Key issues included the validity of Texas Instruments’ microprocessor patents and the legality of its package patent licensing practices under the federal antitrust laws.
Successfully obtained judgments of non-infringement in patent litigation over generic version of Bayer’s brand name oral contraceptive YASMIN. Affirmed on appeal: Bayer Schering Pharma AG v. Lupin, Ltd., 676 F.3d 1316 (Fed. Cir. 2012).
Successfully represented the University of California in three related patent infringement actions in federal courts asserting UCSF patents covering methods of treating atrial fibrillation.
Successfully defended generic product launch and obtained Federal Circuit decisions of patent invalidity (obviousness) and affirming propriety of Watson Laboratories’ launch of a generic drug.
Successfully represent company accused of infringing rubber chemical patents, following a ten-day trial in the federal International Trade Commission.
Successfully represented integrated circuit makers accused of infringing circuit and process patents by industry leader.
Successfully defended local drug store chain against preliminary injunction motion brought by brand hair products company to prevent it from selling products at reasonable prices. We asserted antitrust and unfair business practice theories in successful defense of a manufacturer’s attempt to enforce its product distribution restrictions through trademark infringement actions against unauthorized retailer, and obtained a Ninth Circuit Court of Appeals decision affirming our clients’ right to sell the restricted products.