IP Litigation
“Considered by peers as ‘one of
the best generic Hatch-Waxman
litigation firms on the east coast.’”
– LMG Life Sciences
Visit our new blog at www.biosimilarsip.com
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
Visit our new blog at www.ptablaw.com
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
360° IP Performance
Rothwell Figg is a multifaceted intellectual property firm for high-stakes legal matters.
Learn more
What's
Trending
- The Best Lawyers in America© 2020 Recognizes Four Rothwell Figg Attorneys
Rothwell Figg is honored that four attorneys have been selected by their peers for inclusion in the 2020 edition of The Best Lawyers in America©: E. Anthony Figg, Steven Lieberman, Joseph A. Hynds and R.…
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Partner Leo M. Loughlin is quoted in a World Trademark Review article on a new study that shows that start-ups and SMEs that invest in trademarks have a much better chance of experiencing high growth, yet only…
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- District of Delaware Judge Dismisses Patent Infringement Cases With Prejudice Under 35 U.S.C. § 101, Resulting in Complete Victory for Clients Donuts, Inc. and Enom, LLC
On July 8, 2019, District Judge Colm Connolly of the District of Delaware granted Defendants’ motion to dismiss all infringement claims brought by plaintiff Whitserve LLC. Judge Connolly agreed with Defendants that all of the…
More - DOJ Invokes Flawed Market Definition To Block Print Deal
Quad/Graphics Inc.[1] and LSC Communications Inc.[2] recently announced the termination of their $1.5 billion deal that would have seen Quad acquire LSC. The companies made this decision after the U.S. Department of Justice filed a…
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Professionals
Experience
Practices
- Alternative Dispute Resolution
- Appellate
- Biologics and Biosimilars
- Biology and Biotechnology
- Biomedical
- Chemical
- Copyright
- Counseling
- Cybersecurity, Privacy, and Data Protection
- Electrical and Computer
- Food and Drug Administration Practice
- Hatch-Waxman Litigation
- International Trade Commission
- Licensing and Transactions
- Litigation
- Mechanical
- Media and Financial Services
- Patent Prosecution
- Pharmaceutical
- Post-Grant Trial Practice
- Software, E-Commerce and Business Methods
- Trademark Trial and Appeal Board
- Trademarks
- Unfair Competition
Focus
Results
- District of Delaware Judge Dismisses Patent Infringement Cases With Prejudice Under 35 U.S.C. § 101, Resulting in Complete Victory for Clients Donuts, Inc. and Enom, LLC
- PTAB Denies Institution of IPR Petition in Victory for Client AmorePacific
- PTAB Denies Institution of Four IPR Proceedings, Resulting in Complete Victory for Dentsply Sirona
