Professional Biography

Autumn N. Nero Partner

  • Madison

    D +1.608.663.7467

    F +1.608.633.7499

    Madison

    1 East Main Street, Suite 201

    Madison, WI

    +1.608.663.7467

    ANero@perkinscoie.com

loader

OVERVIEW

EXPERIENCE

Experience

Patent Litigation

Celgene Corporation v. Dr. Reddy's Laboratories, Ltd. et. al.

U.S. District Court for the District of New Jersey
Representing Dr. Reddy’s Laboratories in two Hatch-Waxman litigations in the District of New Jersey, contesting validity and infringement of compound patents and method-of-treatment patents relating to lenalidomide (Revlimid®). Cases are ongoing.

U.S. WATER SERVICES, INC. V. NOVOZYMES A/S, ET AL.

Representing patent-holder U.S. Water Services in a patent infringement case regarding use of enzyme technology for reducing deposit formation in ethanol processing equipment. Case is ongoing.

Horizon Pharmaceuticals, et al. v. Mylan Pharmaceuticals Inc., et al.

U.S. District Court for the District of New Jersey
Representing Mylan in three Hatch-Waxman litigations in the District of New Jersey over patent rights to naproxen/esomeprazole magnesium tablets (Vimovo®), used to treat the risk of ulcer formation in patients requiring long-term treatment with non-steroidal anti-inflammatory drugs. Cases are ongoing.

AstraZeneca AB, et al. v. Mylan Laboratories Ltd.

U.S. District Court for the District of New Jersey
Represented Mylan in Hatch-Waxman litigation over patent rights to esomeprazole (Nexium®). Defeated motion for a preliminary injunction in the district court, allowing Mylan to market a generic esomeprazole (Nexium®) product.

Apotex, Inc. v. Daiichi Sankyo, Inc., et. al.

U.S. District Court for the Northern District of Illinois
Represented intervenor Mylan in a series of disputes regarding Mylan’s 180-day exclusivity rights to market generic Benicar®, resulting in Mylan’s launch of a generic product with its 180-day exclusivity in place.

Hospira, Inc., et al. v. Sylvia Matthews Burwell, et al.

U.S. Court of Appeals for the Fourth Circuit, U.S. District Court for the District of Maryland
Represented intervenor-defendant Mylan Institutional LLC in a suit brought by Hospira in the District of Maryland against the U.S. Food and Drug Administration to rescind approval of a generic sedative. Successfully obtained summary judgment, allowing Mylan to market its product. After Hospira appealed to Fourth Circuit, negotiated a successful settlement agreement.

Split Pivot Inc. v. Trek Bicycle Corporation

U.S. District Court for the Western District of Wisconsin
Defended Wisconsin bicycle manufacturer in a patent infringement and trade secret suit in which certain Trek mountain bikes were accused of infringing patents relating to vehicle suspension systems. Successfully obtained summary judgment ruling, which was affirmed by the Federal Circuit.

The Medicines Company v. Mylan Inc.

U.S. District Court for the Northern District of Illinois
Trial and appellate counsel for Mylan in Hatch-Waxman litigation over patent rights to bivalirudin (Angiomax®). The district found that Mylan infringed only one of two patents. The Federal Circuit reversed the finding of infringement, holding that Mylan infringed neither asserted patent.

Illumination Management Solutions Inc. v. Ruud Lighting Inc., et al. (Stadtmueller, J.)

U.S. District Court for the Eastern District of Wisconsin
Defended Ruud Lighting Inc. in a patent infringement case related to LED lighting products. Successfully obtained summary judgment ruling of non-infringement.

Ruud Lighting Inc. v. Cooper Lighting, LLC

U.S. District Court for the Eastern District of Wisconsin
Represented Ruud Lighting Inc. in a patent infringement case related to LED lighting products.

Teva Neuroscience, Inc., et al. v. Mylan Inc., et al.

U.S. District Court for the District of New Jersey
Trial and appellate counsel for Mylan in a Hatch-Waxman litigation over patent rights to rasagiline mesylate (Azilect®), a drug approved for the treatment of Parkinson’s disease. Negotiated a success settlement agreement.

Riddell Inc. v. Schutt Sports Inc.

U.S. District Court for the Western District of Wisconsin
Obtained a $30 million verdict for Riddell in a patent infringement case directed to concussion reduction technology in football helmets.

DNT, LLC v. Sprint Nextel Corporation, et al.

U.S. District Court for the Eastern District of Virginia
Represented T-Mobile USA Inc. in a multi-defendant patent litigation relating to wireless data cards. Successfully obtained jury verdict and judgment of invalidity and noninfringement.

Cherdak v. Easton-Bell Sports Inc.

U.S. District Court for the District of Maryland
Successfully defended Easton-Bell Sports in a patent false marking claim relating to Knee-Saver products.

S.C. Johnson & Son Inc. and CTR, LDA v. The Dial Corporation*

U.S. District Court for the Western District of Wisconsin
Represented S.C. Johnson and CTR against Dial in a patent infringement case involving CTR’s patents covering multi-fragrancing technology used in consumer air freshener products. Case was resolved after claim construction.

The Dial Corporation v. S.C. Johnson & Son Inc.

U.S. District Court for the District of Arizona
Represented S.C. Johnson in consumer product patent case.

Prompt Medical Systems, L.P. v. Epic Systems Corporation

U.S. District Court for the Eastern District of Texas
Defended Epic against allegations of infringement of patent relating to medical records software.

San Francisco Technology Inc. v. S.C. Johnson & Son Inc.

U.S. District Court for the Northern District of California
Defended S.C. Johnson against allegations of false patent marking.

Feldmann Engineering & Manufacturing Co., Inc. v. Ardisam, Inc.

U.S. District Court for the Western District of Wisconsin
Successfully represented defendant in patent infringement case related to ice fishing equipment.

Yarborough v. S.C. Johnson & Son Inc., et al.

U.S. District Court for the Eastern District of Texas
Defended S.C. Johnson against allegations of false patent marking.

Ralph M. Hungerpiller, Sr. v. S.C. Johnson & Son Inc., et al.

U.S. District Court for the Northern District of Alabama
Defended S.C. Johnson against allegations of false patent marking.

Troll Busters LLC v. Quanta BioSciences Inc.

U.S. District Court for the Southern District of California
Defended Quanta BioSciences against allegations of false patent marking. Court granted Quanta's motion to dismiss

Regents of the University of California and Boston Scientific Corporation v. Micro Therapeutics Inc. (MTI), et al.*

U.S. District Court for the Northern District of California
Represented MTI in patent infringement case involving 12 patents relating to the repair of brain aneurysms by implanting platinum microcoils therein. Nine other corresponding worldwide litigations, as well as several European Patent Office (EPO) oppositions were also ongoing. MTI counterclaimed for antitrust violation against the Regents and Boston Scientific Corporation. The litigation was successfully completed in March 2008, with MTI receiving a worldwide license to operate under all of the asserted patents.

Daiichi Sankyo Company Ltd., et al. v. Mylan Pharmaceuticals Inc.

U.S. District Court for the District of New Jersey
Represented generic drug company in three-week court trial involving claimed structural obviousness of chemical compound for the treatment of hypertension (Benicar®).

Litigation

Ann Bogie v. Joan Rivers, et al.

U.S. District Court for the Western District of Wisconsin, U.S. Court of Appeals for the Seventh Circuit
Represented Ms. Rivers and a group of defendants in litigation involving invasion of privacy claims related to the film Joan Rivers: A Piece of Work. A dismissal order in favor of the defendants in the district court was affirmed by the Seventh Circuit Court of Appeals.

Flip To, LLC v. Fandealio, Inc.

U.S. District Court for the Middle District of Florida
Represented internet company and defendant Fandealio, Inc. in a trademark dispute in the Middle District of Florida.

Illumination Management Solutions Inc. v. Ruud Lighting Inc., et al. (Randa, J.)

U.S. District Court for the Eastern District of Wisconsin
Defended Ruud Lighting Inc. and two of its officers in a variety of claims including breach of fiduciary duty and trade secret. The Court granted Ruud's motion to dismiss.

In re Marion Wilson

U.S. District Court for the Middle District of Georgia
Representing death row inmate in appeal of lethal-injection sentence.

Mylan Inc. v. Smithkline Beecham Corporation

U.S. District Court for the District of New Jersey
Represented Mylan Inc. in litigation involving breach of a patent settlement agreement related to the depression medication Paxil® (paroxetine). Case resulted in a jury verdict in Mylan’s favor exceeding $100 million.

Townsend v. Allen

U.S. District Court for the Western District of Wisconsin, U.S. Court of Appeals for the Seventh Circuit
Pro bono representation of prison inmate challenging conditions of confinement during prison lockdown. Jury found that prisoner had been subjected to cruel and unusual punishment in violation of Eighth Amendment and awarded $300,000.

Wisconsin Interscholastic Athletic Association v. Gannett Company

U.S. District Court for the Western District of Wisconsin, U.S. Court of Appeals for the Seventh Circuit
Represented the Wisconsin Interscholastic Athletic Association in a copyright and First Amendment case related to Internet streaming rights of high school athletic events. A summary judgment order in favor of the WIAA in the district court was affirmed by the Seventh Circuit Court of Appeals.

 

* Prior Experience

NEWS

PUBLICATIONS & PRESENTATIONS

RELATED INFORMATION

Areas of Focus

Bar and Court Admissions

  • Wisconsin

  • Supreme Court of the United States

  • U.S. Court of Appeals for the Federal Circuit

  • U.S. Court of Appeals for the Seventh Circuit

  • U.S. Court of Appeals for the Eleventh Circuit

  • U.S. District Court for the Eastern District of Wisconsin

  • U.S. District Court for the Western District of Wisconsin

Education

  • University of Wisconsin Law School, J.D.,
    summa cum laude
    ,
    Managing Editor, Wisconsin Law Review; Senior Note and Comment Editor, Wisconsin Women's Law Journal
  • New York University, B.A., Individualized Study,
    cum laude