During his 36 years of practice, George F. Pappas has served as lead counsel in more than 350 cases, having appeared in federal and state courts throughout the United States. Since 1990, he has been lead counsel in more than 150 patent cases for US and foreign companies.
Mr. Pappas has represented clients across a broad range of industries including pharmaceutical, medical device, biotechnology, computer and electronics, software, telecommunications, and the financial services industry. Ranked in the top tier of lawyers for Intellectual Property by Chambers USA 2012, clients have described him as, "...a class apart", "has tremendous presence in the courtroom and understands the legal issues very well. He is both thorough and unrelenting.” His peers have commented that, “He is a fantastic lead trial lawyer and, though very tough to compete against, is a true gentleman."
Mr. Pappas is a Fellow of the American College of Trial Lawyers and Chairman of its Complex Litigation Committee (2009-2011). He is also Chairman of the Editorial Committee and one of the co-authors of the book, Anatomy of a Patent Case (2009), prepared by the Complex Litigation Committee of the American College of Trial Lawyers and published in conjunction with the Federal Judicial Center. Notably, the book has been distributed to all judges of the federal judicial branch.
At the invitation of the Federal Judicial Center (FJC) beginning in 1996, Mr. Pappas has presented programs on patent law issues at 32 FJC National Workshops for federal district and magistrate judges.
He also serves as a member of the District of New Jersey Local Patent Rules Committee.
Patent Infringement Litigation/Life Sciences
- Representation of Auxilium Pharmaceuticals in a Hatch-Waxman case involving transdermal testosterone gel for treatment of male hypogonadism. Auxilium Pharmaceuticals, Inc. and Cpex Pharmaceuticals, Inc. v. Upsher-Smith Laboratories, Inc. (D DE).
- Representation of GlaxoSmithKline in the District of Maryland in patent litigation brought by Classen Immunotherapies involving immunization methods and schedules.
- Representation of Ortho-McNeil in:
- the District of New Jersey in an ANDA case brought against Barr relating to a patent covering Ortho Tri-Cyclen®, an oral contraceptive;
- the District of New Jersey in an ANDA case brought against Barr relating to a patent covering Ortho Tri-Cyclen ® Lo, an oral contraceptive. Trial was adjourned when settlement discussions began the first day of trial. When settlement did not materialize, we moved for a preliminary injunction and a recall of the infringing product, which had already been sent to distributors and pharmacies, and it was granted. We subsequently obtained a highly favorable settlement for our client;
- the District of New Jersey in an ANDA case brought by Barr relating to a patent covering Ortho-Novum 7/7/7®, an oral contraceptive;
- the Northern District of West Virginia and the Court of Appeals for the Federal Circuit in an ANDA case brought by Mylan Laboratories relating to a patent covering Levaquin®, an antibiotic. Ortho-McNeil prevailed in the district court, and the decision was affirmed per curium by the Federal Circuit;
- patent infringement actions in the District of New Jersey against four generic drug companies relating to a patent covering Ortho’s Levaquin® antibacterial product; and
- the District of New Jersey in an ANDA case brought against Lupin Limited and Lupin Pharmaceutical concerning Ortho’s Levaquin® antibacterial product. We cross-moved for summary judgment, arguing that the decision of the Patent Office granting the extension could only be overturned by clear and convincing evidence and that Lupin had not, and could not, satisfy its burden of proof.
- Representation of sanofi-aventis in Hatch-Waxman litigations against Accord Healthcare, Sandoz, and Sun Pharmaceuticals concerning sanofi's Taxotere® cancer treatment. sanofi-aventis v. Accord Healthcare, sanofi-aventis v. Sandoz, sanofi-aventis v. Sun Pharmaceuticals (D Del.).
- Representation of Shire in:
- in the District of New Jersey and the Southern District of Florida in an ANDA case brought against Andrx and Watson concerning Shire’s ADDERALL XR® product for the treatment of ADHD;
- ANDA litigation in the Southern District of New York against Barr, Natco, and Mylan concerning the marketing of generic versions of Fosrenol®, a chewable tablet for reduction of serum phosphate in patients with end stage renal disease; and
- Hatch-Waxman litigation brought by Actavis Elizabeth, Sandoz, and Teva concerning amphetamine aspartate, amphetamine sulfate, dextroamphetamine saccharate and dextroamphetamine sulfate extended release capsules.
- Representation of Johnson & Johnson subsidiary Janssen-Ortho in Ontario, Canada Federal Court monitoring patent litigation brought by Novopharm relating to levofloxacin. After a full trial on the merits, the trial court awarded Janssen-Ortho with damages and injunctive relief. The decision was subsequently affirmed by the Federal Court of Appeal.
- Representation of Synaptech and Johnson & Johnson subsidiary Janssen Pharmaceutica in patent infringement actions in the District of Delaware against seven generic companies concerning Janssen's Razadyne® drug product for the treatment of Alzheimer's Dementia.
Medical Device & Other Life Sciences
- Representation of Becton-Dickinson and Company in a patent infringement action brought by New York University relating to Bard-Parker Protected Blade Systems.
- Representation of Ethicon in:
- a patent infringement action brought by Dr. Stephen J. Smith and The Stephen J. Smith Trust in the U.S. District Court for the District of Colorado relating to application and maintenance of medication on body tissue;
- a patent infringement action brought by Arthrocare in the Northern District of California relating to electrosurgical devices used for arthroscopic and gynecological applications; and
- a patent infringement action brought by Cryogen in the Northern District of California relating to a cryosurgical device used in gynecological applications.
- Representation of BioWhittaker in a patent infringement action against Pharmacia in the Eastern District of Virginia relating to fluorometric enzyme immunoassay testing methods for allergen specific IgE.
- Representation of Unilever in the Court of Appeals for the Federal Circuit in an appeal from the District of Delaware in a patent infringement case brought by Kao Corp. relating to cosmetic pore strips.
- Representation of Mitek Surgical Products in patent infringement suit concerning Mitek’s patents covering suture anchor, used in orthopedic surgery to reattach torn or damaged ligaments, tendons, muscles and other soft tissues to bone. Mitek Surgical Products, Inc. v. Arthrex, Inc. (D UT).
- Representation of The Johns Hopkins University Applied Physics Laboratory (“JHU/APL”) in litigation alleging breach of contract and infringement of JHU/APL’s patents covering electronic pacemakers. The Johns Hopkins University v. Cardiac Pacemakers, Inc. ( D MD).
Patent Infringement Litigation/Information Technology
- Representation of AutoTrader.com in the U.S. District Court for the Eastern District of Texas in a patent infringement action brought by GraphOn Corp. relating to the storage of information in a database and the publication of information on a computer network such as the World Wide Web.
- Representation of Cox Enterprises in a patent infringement suit brought by Aldav relating to radio content broadcast over the internet. Aldav, LLC v. Cox Radio, Inc., et al. (ED TX).
- Representation of eBay and PayPal in a patent infringement action brought by TecSec involving patents relating to encryption and cryptography technologies. TecSec, Inc. v. International Business Machines Corporation et al. (ED VA).
- Representation of Manheim Auctions Inc. in the Northern District of Georgia in a patent infringement case brought by Auction Management Solutions, Inc. relating to a patent covering integration of live and remote bidders at an auction site.
- Representation of Microsoft:
- in a patent infringement action brought by MedioStream involving patents relating to video conversion technology asserted against Microsoft's Movie Maker product. MedioStream, Inc. v. Microsoft (E.D. Tex.);
- in the U.S. District Court for the Southern District of Texas in a patent infringement action brought by E-Pass Technologies relating to operating system software for mobile devices;
- as a third-party defendant in this patent infringement suit, prevailed on summary judgment, obtaining the dismissal of Intergraph's breach of warranty, negligent misrepresentation, and tortuous interference with business relations claims. Hewlett-Packard Co. v. Intergraph Corp. (ND CA);
- in a patent infringement matter relating to four patents involving media download followed by local streaming and playback. EZ4Media v. Apple, et al. (ND IL); and
- in the U.S. District Court for the Eastern District of Texas in a patent infringement action brought by Peter Sklar relating to cluster user interfaces in Windows XP software.
- Representation of Sprint Nextel in a patent infringement case involving patents that claim systems and methods relating to the creation and use of playlists on programmable processor devices. Premier International Associates, LLC. v. Microsoft Corp. et al (ED TX).
Patent Infringement Litigation/Other
- Representation of Interstar Materials in a patent infringement case relating to a patent covering methods for dyeing concrete. Rockwood Pigments, NA, Inc. v. Interstar Materials, Inc. (ND IL).
- Representation of Kanzaki Kokyukoki Manufacturing Co., a Japanese manufacturer, in defense of patent infringement allegations related to hydrostatic transaxles, installed in lawn tractors sold by Deere & Co. Sauer, Inc. v. Kanzaki Kokyukoki Mfg. Co. (SD IA).
- Representation of PACCAR in a patent infringement case relating to a patent covering technology for reducing aerodynamic drag on tractor-trailers. Buckley v. Paccar Inc, et al ( D MD).
- Representation of Tuff Torq in patent infringement action relating to integrated hydrostatic transaxles, used in light lawn mowers. Tuff Torq Corp. v. Hydro-Gear LP (D DE).
Honors and Rankings
- Fellow, American College of Trial Lawyers
- Chairman, Complex Litigation Committee of the American College of Trial Lawyers
- Listed as one of The Best Lawyers in America in Bet-the-Company Litigation, Commercial Litigation, and Intellectual Property Law (2006-2013).
- Listed in Chambers USA 2006-2012 and Chambers Global 2007-2012 as a leading attorney in the area of Intellectual Property.
- The International Who's Who of Life Sciences Lawyers (2012)
- IAM Patent 1000 - The World’s Leading Patent Practitioners (2012)
- Washingtonian, Best Lawyers (2011)
- Who's Who Legal, Patents (2012)
- Legal 500 US, Intellectual Property - Patent Litigation (2012)
- Washington DC Super Lawyers, Intellectual Property Litigation (2007-2011)
- The International Who’s Who of Business Lawyers, Patents (2010)
- Euromoney, Benchmark: Expert Guide to America’s Leading Litigation Firms and Attorneys, Litigation Star (2010)
- Named "The Top Business Litigator in DC" by Legal Times (2007)
- The International Who’s Who of Patent Lawyers (2008)
- Listed in Who's Who in American Law, 4th, 5th, 6th, 7th, 8th, 9th, 10th and 11th editions
Memberships and Affiliations
- The American Law Institute, Member (2002-Present)
- Consultative Group, Intellectual Property: Principles Governing Jurisdiction, Choice of Law, and Judgments in Transnational Disputes for The American Law Institute, Member
- Appointed by Chief Judge Garrett E. Brown, Jr. to serve as a Member of the District of New Jersey Local Patent Rules Committee
- U.S. District Court of Delaware Judges’ Intellectual Property Advisory Committee, 1998, 2001, 2003-Present (invited by active Federal Judges of the Court), Member
- U.S. District Court of Delaware Electronic Discovery Committee, Member (2003-Present)
- ALI-ABA Advisory Group on Intellectual Property, Member (2004-Present)
- Maryland Statewide Business/Technology Case Management Advisory Committee, Member (2004-Present)
- Board of Visitors of the University of Maryland School of Law, Member (2000-Present)
- University of Maryland School of Law IP Program Advisory Board, Member, (2002-Present)
Publications and Speeches
Mr. Pappas is Editor and Co-Author of the book, Anatomy of a Patent Case (2009), which is prepared by the Complex Litigation Committee of the American College of Trial Lawyers. He also is on the Practitioner and Academic Advisory Board of the Patent Case Management Judicial Guide (2009).
- "Obviousness & the Role of Secondary Considerations in Deciding Obviousness," International Judges Conference on Intellectual Property Law (5/23/2011)
- "Patent Local Rules and Pre-Trial Orders Roundtable: Philosophy, Context, Logic and Departures” and “Dealing with Complex Technology: Tutorials and Educating the Court about Technology," Moderator at the Berkeley Center for Law & Technology, Federal Judicial Center Advanced Patent Program (September 2010)
- "Patentable Subject Matter Under U.S. Patent Law," 24th Annual IPSANZ Conference (September 2010)