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RF 360

IP Litigation

“Considered by peers as ‘one of
the best generic Hatch-Waxman
litigation firms on the east coast.’”
– LMG Life Sciences

Patent Prosecution

“Rothwell Figg is known for ‘meticulous patent drafting.’ Solely based in the capital, [Rothwell Figg] knows all the ins and outs of the D.C. scene and the USPTO.”
– IAM1000

Post-Grant Trial Practice

“[This] compact yet heavy-hitting IP boutique has a client list that is the envy of many. Marquee names are drawn here for several compelling reasons: a persuasive win rate in high-stakes cases, the advanced technical backgrounds of its litigators, great comparative value and renowned expertise in post-grant procedures.”
– IAM1000

360° Performance

Case

Represented Mylan Pharmaceutical in an infringement claim made by Bristol-Myers Squibb related to the drug Buspar (buspirone).

Situation

Bristol-Myers motioned to dismiss antitrust counterclaims made by Mylan. The Court ruled a summary judgment of noninfringement. The court also denied Bristol’s motion and suing Mylan on it, as well as held that Bristol had acted in an objectively unreasonable fashion in listing the metabolite patent for buspirone in the Orange Book.

Outcome

Bristol-Myers settled the antitrust claims by paying $535 million, including $35 million to Mylan after an initial ruling in favor of Mylan, 29 State Attorneys General, and several plaintiff class action groups who had joined Mylan’s suit.

Strengthening
a pharmaceutical
company’s IP case
from 360°

Case

Patent troll CyberFone Systems LLC alleges Warner Bros. Entertainment Inc., CBS Interactive Inc., and dozens of other companies infringed a patent which covers a system of entering transaction data into databases because it covers an abstract concept rather than a specific invention.

Situation

The district court granted defendants motion for summary judgment that CyberFone’s patent was invalid under USC 101. Rothwell Figg took the lead in drafting and arguing the motion on behalf of the defendants. Rothwell Figg also took the lead in drafting and arguing against CyberFone’s appeal to the Federal Circuit.

Outcome

February 2014, the three-judge Federal Circuit panel upheld the District of Delaware’s ruling that invalidated a software patent that CyberFone Systems LLC; alleged the 81 companies including CBS, CNN and Fox News infringed because it was not patent eligible under 35 USC 101.

Shaping a 360°
defense for leading
media powerhouses

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