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.”
– IAM Patent 1000: The World’s Leading Patent Professionals
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.”
– IAM Patent 1000: The World’s Leading Patent Professionals
360° Performance
Case
Represented Pfizer and Synthon in a Hatch-Waxman lawsuit filed by Teva Pharmaceuticals relating to the drug Copaxone® (glatiramer acetate), one of the most commonly prescribed disease modifying therapies to treat multiple sclerosis.
Situation
Teva alleged infringement of four patents relating to methods of treating relapsing-remitting forms of multiple sclerosis with a 40 mg/mL glatiramer acetate treatment regimen. Over the last ten years, Teva filed approximately 40 different actions in either district court or before the FDA in an attempt to thwart generic competition for its glatiramer acetate products.
Outcome
After a seven day bench trial in the District of Delaware, all four patents at issue were invalidated. On appeal, the Court of Appeals for the Federal Circuit affirmed the decision, paving the way for Pfizer and Synthon to obtain approval from the FDA for their glatiramer acetate 40 mg/mL product.
Strengthening
a pharmaceutical
company’s IP case
from 360°
Case
By acquiring a large group of patents originally obtained by Hitachi, Maxell Ltd. amassed a portfolio of over 5000 patents. Maxell has sued multiple technology companies for infringing those patents and, in 2018, obtained a $43 million jury verdict against ZTE for patent infringement. In 2017, Maxell sued Rothwell Figg client Fandango in the Central District of California, accusing its streaming service FandangoNow of infringing seven patents across four different patent families.
Situation
Facing a complex litigation and a large royalty demand, we developed a multi-pronged approach to knock Maxell’s asserted patents out well before trial. Implementing motions challenging patent eligibility, IPRs, and early claim construction simultaneously gave Fandango a path to obtain dispositive rulings efficiently and without having to move immediately forward with discovery in the district court.
Outcome
We invalidated four patents for lack of patentable subject matter after early claim construction and successfully instituted an IPR challenging the validity of a fifth patent. At the same time we obtained early claim constructions that give Fandango a very strong non-infringement defense as to the two remaining patents. With the validity of five of its patents at risk and with adverse claim construction rulings on the others, Maxell agreed to stay the litigation while the validity issues were resolved. The Federal Circuit affirmed the District Court’s decisions invalidating four of the seven patents and the PTAB found the fifth patent invalid. The litigation with respect to the last two patents remains stayed.
Shaping a 360°
defense for leading
media powerhouses
360° IP Performance
Rothwell Figg is a multifaceted intellectual property firm for high-stakes legal matters.
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