Professional Biography
Image of David Pekarek-Krohn

David R. Pekarek Krohn Senior Counsel

  • Madison

    D +1.608.663.7496

    F +1.608.663.7499

    Madison

    33 East Main Street, Suite 201

    Madison, WI 53703-3095

    +1.608.663.7496

    DPekarekKrohn@perkinscoie.com

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Overview

Experience

Patent Litigation

AstraZeneca AB et al. v. Mylan Laboratories Ltd

U.S. Court of Appeals for the Federal Circuit
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 and on appeal, allowing Mylan to market a generic esomeprazole product.

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.

Parallel Iron, LLC v. Amazon.com Inc., Netflix Inc. and LinkedIn Corporation

U.S. District Court for the District of Delaware
Representing Amazon.com, Netflix and LinkedIn in a patent suit concerning distributed file system technology.

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 suit in which certain Trek mountain bikes were accused of infringing patents relating to vehicle suspension systems. Successfully obtained summary judgment ruling of non-infringement, which was affirmed by the Federal Circuit.

VISICU Inc. v. iMDsoft Ltd., et al.

U.S. District Court for the Eastern District of Pennsylvania
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.

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®). After the district court found that Mylan infringed only one of two patents, the Federal Circuit ruled that both patents were invalid.

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

U.S. District Court for the Northern District of Illinois
Representing intervenor Mylan in a dispute regarding Mylan’s 180-day exclusivity rights to market generic Benicar®. Case is ongoing.

News

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RELATED INFORMATION

Bar and Court Admissions

  • Wisconsin
  • Illinois
  • U.S. Patent and Trademark Office
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Central District of Illinois
  • U.S. District Court for the Western District of Wisconsin
  • U.S. District Court for the Western District of Texas
  • U.S. District Court for the Eastern District of Texas
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Ninth Circuit

Education

  • Northwestern University Pritzker School of Law, J.D., cum laude, Order of the Coif, 2010, Senior Articles Editor, Northwestern University Law Review
  • University of Michigan, B.S., Computer Science, 1992