Enormous growth in the commercialization of intellectual property in the biotech sector has made protecting and exploiting intellectual property assets a “bet-the-business” proposition for many companies. Covington has a long history of successfully representing pioneer biotech companies in the enforcement of patents.
Many of our lawyers have backgrounds and degrees in technology driving the biotech industry, including, biochemistry, chemistry, immunology, microbiology, molecular and cell biology, and chemical engineering. Our expertise in patent litigation and prosecution, compliance with FDA regulations and requirements, and antitrust enables us to best serve companies in the life sciences industry. Our multidisciplinary approach combined with our deep legal, industry and technical experience, allows us to address our biotech clients’ needs in a sophisticated and cost effective manner enabling clients to best leverage their intellectual property.
Representative Matters
- Representation of Abbott Laboratories in a patent infringement action alleging infringement by ImClone Systems based on ImClone's manufacture and sale of the cancer treatment Erbitux. Abbott Laboratories v. ImClone Systems, Incorporated (D. Mass.).
- Representation of APS and other individual defendants in an action seeking, inter alia, to invalidate four APS patents related generally to the use of a certain type of porous polymeric substrate for, among other things, the timed release delivery of pharmaceuticals or cosmetics. Patterson v. Advanced Polymer Systems, Inc., et al.
- Representation of Biotek Solutions in a patent infringement action relating to the field of immunohistology or immunohistochemistry, and particularly to a claimed method of antigen retrieval in formalin fixed tissues. Biogenex Labs v. Biotek Solutions, et al. (N.D. Cal.).
- Representation of BioWhittaker in a patent infringement action against Pharmacia relating to fluorometric enzyme immunoassay testing methods for allergen specific IgE. BioWhittaker, Inc. v. Pharmacia (E.D. Va.).
- Representation of Caliper:
- in two related patent infringement actions concerning microfluidic devices. Both cases settled after a $52M verdict was obtained for our client Caliper in the companion trade secrets case, also handled by Covington. Caliper v. ACLARA Biosciences/ACLARA Biosciences v. Caliper Technologies, Inc. (N.D. Cal.); and
- in asserting patent claims related to kinase enzyme assay methods and kits. The case settled favorably for our client after we secured a claim construction order in which the disputed terms were construed in our client's favor. Caliper Technologies, Inc. v. Molecular Devices Corp. (N. D. Cal.).
- Representation of complainant Genentech in Recombinantly Produced Human Growth Hormone, USITC Inv. No. 337-TA-358.
- Representation of GPC Biotech in ICDR arbitration resulting in complete defense victory for client in licensing dispute where licensor sought termination of license agreement and tens of millions of dollars in damages.
- Representation of Lumicyte, Inc. in contract and trade secret litigation related to surface enhanced laser desorption ionization technology (Santa Clara Cty. Sup. Ct.).
- Representation of Maxygen in a case involving “gene shuffling.” An arbitrator issued an injunction against opponent Enchira Biotechnology through 2017. Maxygen was declared to be the exclusive owner of the technology as against Enchira, and was awarded attorneys fees and costs.
- Representation of Monsanto:
- in a patent infringement, breach of contract, and antitrust suit involving herbicide-resistant genetically modified crops. Monsanto Co. et al., v. E.I. DuPont DeNemours & Co. et al. (E.D. Mo.);
- in a patent infringement action brought by Mycogen Plant Sciences related to genetically modified crops. Mycogen Plant Sciences, Inc. v. Monsanto (D. Del.);
- in a patent license dispute brought by Pioneer Hi-Bred International related to genetically modified crops. Pioneer Hi-Bred International, Inc. v. Monsanto Company (E.D. Mo.); and
- in a patent infringement action against Novartis Seeds related to genetically modified crops. Novartis Seeds, Inc. v. Monsanto Company (D. Del.).
- Representation of MorphoSys AG and MorphoSys USA in a patent infringement case brought by Applied Molecular Evolution involving libraries of DNA and peptides. Applied Molecular Evolution, Inc. v. MorphoSys AG, et al. (D. Mass.).
- Representation of Multilyte in a patent infringement case against Affymetrix involving DNA microarray technology. Affymetrix, Inc. v. Multilyte Ltd. (N.D. Cal.).
- Representation of respondent Roche in Recombinant Human Erythropoietin, USITC Inv. No. 337-TA-568.
- Representation of Talecris in a patent infringement suit pertaining to methods for screening large pools of plasma samples. National Genetics Institute v. Talecris Biotherapeutics, Inc. (E.D. N.C.).
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