Covington’s patent litigation lawyers have been lead counsel in over 500 patent infringement cases, including disputes about medical devices. Our industry expertise—which includes patent litigation and prosecution, FDA regulations and requirements, and antitrust—enables us to best serve companies in the life sciences industry. We have a successful track record representing medical device clients whether they be large multinational companies or small, emerging innovators. Many of our lawyers have backgrounds and degrees in technology driving the medical device industry, including mechanical and chemical engineering, biochemistry, chemistry, immunology, microbiology, molecular and cell biology. Our multidisciplinary approach combined with our deep legal, industry and technical experience in medical devices, allows us to address our clients’ needs in a sophisticated and cost effective manner enabling clients to best leverage their intellectual property.
Representative Matters
- Representation of ALZA in litigation involving claims that its patent on a transdermal fentanyl patch was unenforceable and invalid and that it had committed antitrust violations in enforcing that patent. Cygnus Therapeutics Systems v. ALZA Corporation (Fed. Cir.).
- 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 Depomed in patent infringement litigation against IVAX involving oral drug delivery systems. Depomed, Inc. v. IVAX Corporation, et al. (N.D. Cal.).
- Representation of Johnson & Johnson subsidiary Ethicon:
- in defense from allegations of infringement of four US patents covering electrosurgical devices used for arthroscopic and gynecological applications. After construing the claims, the Court denied Arthrocare’s motion for a preliminary injunction, finding that Ethicon had raised a substantial question as to the validity of the patents-in-suit. After the judge announced several favorable tentative rulings on Ethicon’s motions for summary judgment, the case was resolved on very favorable terms for Ethicon just prior to trial. Arthrocare v. Ethicon, Inc. (N.D. Cal.);
- in defense from a claim of patent infringement brought by Cryogen relating to a cryosurgical device used in gynecological applications. Ethicon successfully obtained a summary judgment ruling of non-infringement under 35 U.S.C. § 271(e)(1), but continued to seek a declaration that Cryogen’s patents were invalid, unenforceable and not infringed. Shortly thereafter, the case was resolved on favorable terms to Ethicon. FemRx, Inc., et al. v. Cryogen, Inc. (N.D. Cal.);
- in a patent infringement action relating to suture anchors used to reattach soft tissue to bone following an injury. Following an evidentiary claim construction hearing and extensive briefing, we successfully obtained summary judgment of non-infringement. The Federal Circuit reversed the judgment and the case was settled shortly thereafter. Smith & Nephew, Inc. et al. v. Ethicon, Inc. (D. Or.); and
- in a patent infringement action where the patent owner filed suit alleging that Ethicon's manufacture and sale of DERMABOND, a liquid adhesive used to seal cuts, wounds and incisions, infringed a patent relating to the application and maintenance of medication on body tissue through the use of liquid adhesives. The patent owner sought an injunction, treble damages and attorneys' fees. The Covington team obtained the dismissal of the lawsuit prior to the commencement of depositions. Stephen J. Smith Trust et al. v. Ethicon, Inc., Civ. Action No. 06-cv-02371 (D. Colo.).
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