Representative Experience

• Represented Becton, Dickinson and Company in a patent infringement suit brought by Gen-Probe involving methods of automating nucleic acid diagnostic assays and related consumable products.
• Represented Biogen Idec in a patent dispute with Sanofi-Aventis involving patents directed to human CMV regulatory sequences.  Obtained Writ of Mandamus ordering transfer of venue from Eastern District of Texas.  566 F.3d 1338 (Fed. Cir. 2009).  Obtained summary judgment of non-infringement, affirmed on appeal.  473 Fed. Appx. 885 (Fed. Cir. Mar. 22, 2012)
• Currently representing University of Massachusetts Biologic Laboratories in dispute with MedImmune over royalty obligations under technology license agreement covering MedImmune's Synagis® drug for treatment of RSV.  Separate actions pending in District of Massachusetts and Maryland state court.
• Represented Johns Hopkins University and Xanthus Pharmaceuticals in Delaware Court of Chancery in a dispute over ownership of intellectual property relating to a novel method of treating autoimmune disorders, resulting in negotiation of patent license.
• Represented University of Massachusetts (UMass) in federal court action brought by Max Planck Institute and Alnylam Pharmaceuticals against three co-owners of patent applications directed to therapeutic uses of RNA interference. Obtained judgment in favor of UMass on all damages claims asserted against it. Thereafter, negotiated global settlement agreement by which UMass became a co-owner of Max Planck’s competing patent applications on RNA interference.
• Represented Biogen Idec, Genzyme and Baxter Healthcare in multidistrict litigation against Columbia University challenging Axel patent on recombinant DNA technology, resulting in Columbia’s grant of a royalty-free covenant not to sue.
• Defended Becton, Dickinson in a patent infringement suit brought by Enzo Biochem involving nucleotide sequences used in genetic probes. Summary judgment of invalidity was affirmed in Enzo Biochem, Inc. v. Gen-Probe, Inc. et al., 424 F.3d 1276 (Fed. Cir. 2005)
• Represented Johns Hopkins University and Baxter Healthcare in patent litigation against CellPro involving human stem cell technology. Won jury verdict of willful infringement and awards of treble damages and attorneys’ fees. Judgments affirmed in Johns Hopkins Univ. v. CellPro, Inc., 152 F.3d 1342 (Fed. Cir. 1998).
• Author of numerous amicus briefs on behalf of professional and trade associations, including recent Supreme Court briefs in Mayo Clinic v. Prometheus Laboratories, and Microsoft v. i4i.