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.
Invitrogen IP Holdings Inc., v. Promega Corp.
Represented Promega is an arbitration to resolve a license dispute over royalties owed for DNA diagnostic kits and reagents. Favorable result obtained.
Modumetal, Inc. v. Xtalic Corp. and John Hunter Martin
Representing Modumetal in an action against Xtalic Corp and ex-employee for misappropriation of trade secrets.
Modumetal, Inc. v. Hirtenberger Engineered Surfaces
Representing Modumetal in an action against HES for trade secret misappropriation.
Modumetal, Inc. v. Integran Technologies Inc.
Representing Modumetal in a declaratory judgment action brought by Modumetal for invalidity and noninfringement of Integran patent rights. Integran's five patents-in-suit relate to nanocrystalline metals and alloys and their uses in coating metal and plastic substrates. Case is currently in discovery and scheduled for trial in 2012.
Defended Mylan and Natco in suit alleging infringement of multiple patents related to polypeptide markers for measuring the molecular weight characteristics of a pharmaceutical composition for the treatment of multiple sclerosis. Mylan obtained dismissal of suit in its entirety for failure to state a claim upon which relief could be granted.
Represent and advise Mylan in various suits venued domestically and abroad related to alleged infringement of patents on a copolymer of amino acids for the treatment of multiple sclerosis.
Represented Nanosphere against Eppendorf in July 2009 suit for infringement of patent relating to detecting and quantifying target compounds captured by an array on a solid surface. Case settled on very favorable terms with Nanosphere obtaining assignment of Eppendorf's worldwide rights in the asserted and related patents.
Represented Innogenetics in an action for patent infringement against Abbott Laboratories on Innogenetics’ patent for a method of genotyping the hepatitis C virus. Innogenetics obtained summary judgment of no unenforceability, a directed infringement verdict on the three asserted claims, and jury verdicts that the patent was not invalid and awarding damages. On appeal, the Federal Circuit affirmed the findings of infringement and validity of two of the asserted claims and affirmed the jury’s damages award. 512 F.3d 1363. (Fed Cir. 2008)
Represented patent-holder VISICU against accused infringer of VISICU’s patents relating to systems and methods for providing expert care to hospitalized patients from remote locations. Case currently on appeal to the Federal Circuit.
Represented patent-holder VISICU against accused infringers of VISICU’s patents relating to systems and methods for providing expert care to hospitalized patients from remote locations.
Represented Innogenetics in action for patent infringement against Third Wave Technologies on Innogenetics’ patent for a method of genotyping the Hepatitis C virus. The parties settled favorably to Innogenetics following initial discovery.
Regents of the University of California and Boston Scientific Corporation v. Micro Therapeutics Inc. (MTI), et al.*
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.
John Mezzalingua Associates, LLC d/b/a PPC broadband, inc. v. Corning Gilbert, Inc.*
Represented PPC, owner of coaxial cable networking equipment patent in infringement action against competitor. Jury trial resulted in unanimous verdict of infringement and rejection of all invalidity defenses. Case settled favorably prior to appeal.
John Mezzalingua Associates, LLC d/b/a PPC broadband, inc. v. Arris Telewire Supply*
Represented owner of coaxial cable networking equipment patent in infringement action against competitor. Plaintiff obtained a preliminary injunction and sought an expedited trial on the merits. Seven-day jury trial resulted in unanimous verdict of willful infringement and rejection of all invalidity defenses.
Represented JohnsonDiversey in a case filed by Ecolab involving lubricants for conveyor belts. Ecolab’s motion for preliminary injunction denied by trial court and affirmed by Federal Circuit. Case settled on remand.
Represented defendant in a two-week jury trial in a patent infringement case involving phage display antibody libraries. Summary judgment granted in favor of MorphoSys following a hung jury.
Applied Molecular Evolution Inc. v. MorphoSys AG, et al.*
Represented MorphoSys AG as defendant in suit brought by Applied Molecular Evolution (AME) on a series of five patents relating to molecular evolution. In January 2003, the magistrate recommended granting MorphoSys’ motion for summary judgment of noninfringement (and holding MorphoSys’ other summary judgment motions for invalidity of the AME patents as moot). Thereafter, the Judge held a Markman hearing. Following acquisition of AME by Eli Lilly & Co. in 2005, MorphoSys and Lilly settled the case, with Lilly entering into a collaboration and license agreement with MorphoSys to develop antibodies using MorphoSys' phage display technology.
Represented GeneLogic in case involving patents for method for obtaining gene expression data on gene chips, including primers and amplification techniques; case settled prior to claim construction hearing, with Gene Logic receiving a license to practice under the Incyte patents.
In re Nutrinova AG v. SanHe Food Company Ltd.*
Represented German manufacturer of high potency sweetener Acesulfame K (found in Pepsi One) in International Trade Commission action against Chinese manufacturer. No infringement found.
Kirin-Amgen Inc. v. Boehringer Mannheim GmbH*
From 1996 to 1999, served on worldwide litigation team for Boehringer Mannheim in its European patent disputes with Amgen relating to erythropoietin. BM was purchased by Roche in 1999 and all European cases ultimately were settled favorably to Roche.
NeoStrata Company Inc. and Herald Pharacal Inc. v. Neoteric Cosmetics Inc.*
Represented patentee in infringement action on patent covering the use of alpha hydroxy acids for treatment of dry skin. Case settled favorably after discovery.
Representing Palmetto against AstraZeneca in an action for infringement of Palmetto's patent for using statins to treat nonhyperlipidemic patients who would benefit from increased nitric oxide production.
* Prior Experience