KATRINA M.
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Federal Court Patent Litigation

• Defend global medical device company against claims accusing its hemodialysis access graft of patent infringement at federal district court and at Federal Circuit.

• Represented patent-holding inmate communications software and technology provider in multiple patent infringement actions at federal district courts and at Federal Circuit.

• Represented key trial witness in billion-dollar patent infringement and breach of contract dispute involving HIV preventative drug.

• Represented a Fortune 500 technology company in successfully defending against patent infringement allegations relating to digital image processing.  Obtained a summary judgment decision invalidating the patent under Section 101, and that decision was affirmed in a precedential opinion by the United States Court of Appeals for the Federal Circuit.

• Defended ANDA holder and generic drug distributor of naproxen sodium softgels against NDA holder’s assertion that four patents listed in the U.S. Food and Drug Administration (FDA) Orange Book were infringed. Following the exchange of discovery, contentions, and claim construction briefing, both parties successfully mediated a resolution before the magistrate judge.

• Represented prestigious research university in pursuing patent infringement claims against multiple companies and in defending against inter partes review (IPR) involving digital PCR technology used to detect abnormalities in biological samples.

• Defended innovative U.S. sports clothing and accessories company in patent infringement case relating to fitness tracking application that enabled users to track nutritional information. After filing a motion to dismiss contending that the asserted patents were invalid as abstract ideas, the parties settled.

• Defended prestigious research university against patent infringement allegations involving magnetic resonance imaging (MRI) technology and associated software.

• Represented industry leader in baby products in design patent infringement lawsuit. Obtained a favorable settlement just prior to jury selection.

• Represented a pharmaceutical innovator in Hatch-Waxman litigation involving generic company’s Section 505(b)(2) NDA over a formulary analgesic. Case favorably settled following motion practice and filing of Citizen Petition at the FDA.

 

Section 337 ITC Investigations

• Represented medical device company at trial in defense of an ITC investigation alleging its radiopharmaceutical medical devices infringed three patents.  Following hearing, obtained final determination of no violation upon showing that all of the asserted claims are invalid.  Decision was appealed and affirmed.

• Represented medical glove company at trial in pursuing exclusion order against more than 50 respondents accused of patent infringement.

 

Trademark Litigation

• Represent world-recognized and award-winning outdoor water park in trademark infringement dispute in federal district court.

• Represented international glove company in district court lawsuit accusing domain name registration and web developer company of trademark infringement. The lawsuit followed a successful UDRP proceeding against the same company in which the arbitrator determined that the company had registered the confusingly similar domain name in bad faith.

• Represented nine restaurant franchisees in appeal of trial court decision relating to dispute with franchisor regarding franchise agreement and illegal kickbacks. Following briefing and oral argument, we successfully obtained a ruling reversing the district court judgment.

• Represented as local counsel famous American clothing brand company in trademark infringement and counterfeiting trial in which the Court granted the company a permanent injunction, $9 million in damages, and attorneys’ fees.

 

Copyright Litigation

• Represented non-profit educational administrators at trial counsel and on appeal in defending against claims of copyright infringement relating to the college library’s use of an electronic reserves system. After a three-week trial, the district court issued a 350-page opinion finding that 94 of the 99 alleged infringing uses were covered by fair use. Following two appeals, the district court determined that 89 of the 99 alleged infringements were protected by fair use.

• Represented real estate company against claims of copyright infringement relating to use of photographs on websites. Shortly after filing the answer, the lawsuit was successfully resolved.

 

Trade Secret

• Represent software communications provider in lawsuit alleging misappropriation of trade secrets and unfair competition.

• Represented pharmaceutical company in dispute involving previously-employed formulator and misappropriation of company’s valuable trade secrets.

 

Prosecution

• Represent one of the world’s largest chemical producers in managing its extensive patent portfolio, including preparing and prosecuting both domestic and international patent applications; participating in reexamination, interference, and appeal proceedings at the PTAB; and drafting technology license and joint development agreements.

• Represent international company in all of its global intellectual property matters, including patent prosecution, patent appeals before the PTAB, patent enforcement, trademark prosecution, opposition and cancellation proceedings before the TTAB, copyright registrations, and UDRP disputes, as well as for securing regulatory premarket approvals from the FDA for the company’s medical devices.

• Represent global medical device company in its worldwide trademark registration, enforcement, and marketing efforts, including trademark oppositions and cancellation proceedings before multiple international tribunals.

 

Technology Transactions

• Advised and assisted government agency in drafting hackathon official contest rules for a technology challenge aimed at expanding the use of smart vehicle technologies to improve traffic congestion, safety, and mobility and hackathon winner’s technology license agreement.

• Advised a pharmaceutical company on the $70 million sale of its worldwide rights to one of its drugs outside the United States.