Recent achievements include:
CEPHALON, INC. V. WATSON PHARM., INC.
In February 2013, the Federal Circuit issued a favorable decision on behalf of our client Cephalon, reversing a district court decision invalidating two patents covering the company's cancer pain medication Fentora. In particular, the Federal Circuit found that the defendant, generic drug manufacturer Watson Pharmaceuticals (now Actavis), "failed as a matter of law to show with clear and convincing evidence that... Read More
VAILLANCOURT V. BECTON DICKINSON & CO.
In February 2013, WilmerHale obtained a significant victory for Becton, Dickinson and Company (BD) in a patent reexamination when the US Patent and Trademark Office (PTO) denied a request for rehearing of an appeal decision in an inter partes reexamination, which had been decided in a manner favorable to BD. This case is the first time BD had used inter partes reexamination as a strategic IP procedure to assure freedom to operate in their desired syringe market.... Read More
CLASSEN IMMUNOTHERAPIES, INC. V. SOMAXON PHARMACEUTICALS
2:12-cv-06643-GAF-PLA, US District Court, Central District of California
In April 2013, the firm achieved victory when Judge Gary Allen Feess of the Central District of California dismissed Classen Immunotherapies, Inc.'s ("Classen") patent infringement claims against our client Somaxon Pharmaceuticals with prejudice. The two asserted Classen patents purport to claim methods of gathering, analyzing, and commercializing adverse event data.... Read More
CELLECTIS SA V. PRECISION BIOSCIENCES
In May 2013, WilmerHale secured a victory for client Precision BioSciences, Inc., a leader in the field of genome engineering, in a patent infringement lawsuit against Cellectis SA. A jury found that all of the claims of Cellectis' US Pat. No. 7,897,372 (the "'372 patent") that were asserted against Precision are invalid both as obvious and for failure to meet the written description requirement and... Read More
BRAINTREE LABORATORIES, INC. V. NOVEL LABORATORIES, INC.
3:11-cv-01341, US District Court, District of New Jersey
In June 2013, WilmerHale obtained a favorable final judgment in the US District Court for the District of New Jersey for Braintree Laboratories, Inc. (Braintree) in its patent infringement case against Novel Laboratories (Novel). The matter involved SUPREP ®—Braintree's small volume sulfate-based colonoscopy preparation product—and Novel's proposed plan to make a generic version of the drug.... Read More
ALTANA PHARMA AG AND WYETH V. TEVA PHARMACEUTICALS
In June 2013, our client Pfizer (formerly Wyeth) announced a $2.15 billion settlement with Teva Pharmaceuticals Industries and Sun Pharmaceutical Industries, which occurred during the trial of Pfizer's and Nycomed's (formerly Altana Pharma AG, and now part of Takeda) claims for patent-infringement damages... Read More
MICROLINC V. INTEL
In July 2013, WilmerHale obtained a zero-dollar walk away settlement on behalf of our client Intel in a patent infringement suit brought by Microlinc, a patent troll, in the Eastern District of Texas. After eight years of litigation, four patent reexaminations, four judges, two lawsuits, and one decisive Markman order, we obtained a statement in the stipulation of dismissal that Microlinc was unable to assert any infringement based on the Court’s claim construction.
PERMOBIL, INC. V. PRIDE MOBILITY PRODUCTS CORP.
WilmerHale recently achieved a significant victory for client Permobil, Inc. in defense of claims of patent infringement asserted by Pride Mobility Products Corp. in the US District Court for the Eastern District of Pennsylvania. In April 2013, Pride filed suit against Permobil alleging infringement of certain claims of Pride's US Patent No. 8,408,343 (the "'343 patent") and... Read More
W.L. GORE & ASSOCIATES, INC. V. ATRIUM MEDICAL
On April 2012, W.L. Gore & Associates, Inc. filed suit against our client Atrium Medical Corporation in the US District Court for the District of Arizona, asserting three patents related to stents covered with expanded polytetrafluoroethylene (ePTFE). During its previous litigation against Medtronic, Gore's counsel successfully persuaded the district court to adopt several claim constructions that were favorable for Atrium.... Read More
KODAK V. ALTEK CORPORATION
In October 2013, a jury in SDNY returned a verdict in favor of our client Kodak, resulting in a damages award of $75.8 million. Prior to trial, the Kodak team obtained summary judgment that Ricoh owed royalties on point and shoot cameras. On the eve of trial, Ricoh stipulated to $53 million in damages on point and shoot cameras.... Read More
PIECZENIK V. ASTELLAS PHARMA US, INC. ET AL.
In March 2012, the Court of Appeals for the Federal Circuit (J. Newman, J. Mayer, J. Plager) affirmed the United States District Court for the District of New Jersey's (J. Pisano) dismissal of patent infringement and RICO claims against our client, Medarex Inc., a subsidiary of Bristol-Myers Squibb Co., on grounds that the plaintiff failed to state a claim under Fed. R. Civ. P. 12(b)(6).... Read More
ST. CLAIR INTELLECTUAL PROPERTY CONSULTANTS, INC. V. RESEARCH IN MOTION, LTD.
In March 2012, WilmerHale obtained a significant victory on behalf of Research In Motion when the United States District Court for the District of Delaware granted a rare summary judgment of noninfringement in favor of RIM against St. Clair Intellectual Property Consultants.... Read More
GENETIC TECHNOLOGIES LIMITED V. BRISTOL-MYERS SQUIBB COMPANY
While GTG's motion for consolidation was pending before the MDL Panel, the PTO, in June 2012, granted an ex parte reexamination of the '179 Patent.... Read More
BROADCOM V. EMULEX
After securing favorable verdicts on two patents in 2011, the Broadcom-Emulex team followed up with a string of additional victories in 2012.... Read More
SIGNAL TECH, LLC V. ANALOG DEVICES
In May 2012, we succeeded in persuading Signal Tech LLC to dismiss its entire lawsuit against Analog Devices with prejudice for no money.... Read More
MBO LABORATORIES V. BECTON, DICKINSON & CO.
WilmerHale successfully represented Becton, Dickinson and Company (BD) in a suit alleging infringement of a patent pertaining to a type of safety needle.... Read More
Read about additional 2012 experience.