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Michael N. Kennedy

Partner

Washington +1 202 662 5215

  • About
  • Representative Matters
  • Credentials
  • About

    Mike Kennedy represents clients in patent litigation and commercial litigation in courts across the country. He has tried cases in federal courts and the ITC, and has argued appeals in the Federal Circuit. In particular, Mike has extensive experience representing pioneer pharmaceutical companies in Hatch-Waxman litigation involving drugs in therapeutic areas ranging from oncology to sleep medicine.

    Areas of Expertise

  • Practices and Industries
  • Representative Matters
    • Representing Amgen in Hatch-Waxman patent litigation against nearly 20 generic drug companies involving Otezla®, a drug indicated to treat psoriasis and psoriatic arthritis. Played leading role in nine-day, five-patent, two-defendant bench trial (D.N.J.).
    • Represented Amarin in Hatch-Waxman patent litigation against several drug companies involving Vascepa®, a prescription medicine used (along with a low-fat and low-cholesterol diet) to lower very high levels of triglycerides in adults. Played leading role in multi-week bench trial (D. Nev.).
    • Represented Purdue Pharma L.P. and Transcept Pharmaceuticals in Hatch-Waxman patent litigation against several generic drug companies involving Intermezzo®, a drug for the treatment of insomnia. Played a leading role in ten-day, three-patent, three-defendant bench trial (D.N.J.).
    • Represented Eli Lilly & Co. in district court patent litigation, as well as parallel inter partes review proceedings, related to Erbitux®, a monoclonal antibody used in treating various cancers (E.D. Pa., P.T.O.).
    • Represented BioHorizons in related contract and inventorship disputes involving patents pertaining to dental implant system technology. Obtained summary judgment in contract dispute, affirmed on appeal (S.D. Fla., Fed. Cir., 11th Cir.).
    • Represented AstraZeneca in successful defense of Crestor® drug product against accusations of patent infringement brought in two separate actions (D.S.C.).

    • Represented Anacor Pharmaceuticals in inter partes review proceedings challenging two Orange Book-listed patents for Kerydin®, Anacor’s topical antifungal drug. Argued Federal Circuit appeal arising from the IPR proceeding (P.T.O. Fed. Cir.).
    • Represented pioneer pharmaceutical company in Hatch-Waxman patent litigation against several generic drug companies involving a drug for treating ulcerative colitis. Argued Federal Circuit appeal arising from district court judgment (E.D. Tex., Fed. Cir.).
    • Represented pioneer pharmaceutical company in an inventorship dispute with former collaboration partner (S.D. Ind.)
    • Represented Warner Chilcott as member of trial team that obtained a judgment upholding the validity of the patent covering Lo Loestrin®, an oral contraceptive. The Federal Circuit affirmed the judgment (D.N.J.).
    • Represented pioneer pharmaceutical company in Hatch-Waxman patent litigation against several generic drug companies involving a drug indicated to reduce the risk of COPD exacerbations (D.N.J.).
    • Represented pioneer pharmaceutical company in Hatch-Waxman patent litigation against several generic drug companies involving a drug indicated to treat acne (D. Del.).
    • Represented pioneer pharmaceutical company in Hatch-Waxman patent litigation against generic drug company involving a drug indicated to treat low testosterone (D. Del.).
    • Represented pioneer pharmaceutical company in offensive and defensive patent infringement actions involving treatments for actinic keratosis (D.N.J., E.D.N.Y).
    • Represented Shire in Hatch-Waxman patent litigation concerning Shire’s Fosrenol® product, a phosphate binder (S.D.N.Y.).
    • Represented Auxilium Pharmaceuticals in Hatch-Waxman patent litigation involving Testim®, a transdermal testosterone gel for treatment of male hypogonadism (D. Del.).
    • Represented technology company in patent litigation involving programmable logic devices (D. Del.).
    • Represented Sanofi in Hatch-Waxman patent litigation concerning the cancer treatment Taxotere® (D. Del.).
    • Represented Meda in Hatch-Waxman patent litigation against generic drug company involving Astepro®, a drug indicated to treat allergies (D. Del.).

    Areas of Expertise

  • Credentials
    Education
    • Northwestern Pritzker School of Law, J.D., 2005
        • Order of the Coif
        • Northwestern University Law Review, Senior Articles Editor
    • University of Virginia, 1999
    Bar Admissions
    • District of Columbia
    • New York
    • U.S. Court of Appeals for the Federal Circuit
    • U.S. District Court, Southern District of New York
    • U.S. District Court, District of Columbia
    Judicial Clerkship
    • Hon. Shira A. Scheindlin, U.S. District Court, Southern District of New York, 2005 - 2006
    Pro Bono
    • Represented a group of pet owners seeking to compel a local animal shelter to follow the county code regarding the humane treatment of animals.
    • Represented of a defendant accused of murder in a case tried to a jury in Prince George’s County, Maryland.

    Areas of Expertise

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