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Fundamentals of Patent Litigation 2019


Speaker(s): Andrew Kopelman, Betty A. Ryberg, Gary M. Hnath, John J. Molenda, Ph.D., Joseph P. Lavelle, Kirby Lee, Krista M. Rycroft, Megan Raymond, Omar Jabri, Robert P. Lord
Recorded on: Feb. 27, 2019
PLI Program #: 252601

Krista Rycroft is Of Counsel in Quinn Emanuel's New York office. She has extensive experience in all aspects of patent litigation at the trial and appellate levels for both patentees and defendants. In addition to her litigation experience, Ms. Rycroft also has extensive experience in client counseling including licensing, due diligence, and validity and freedom-to-operate opinions. Ms. Rycroft has represented clients involved in a variety of complex technologies, including pharmaceuticals, medical devices, biotechnology, telecommunications, and mechanical devices. Ms. Rycroft has litigated in numerous Federal courts throughout the country, including the District of New Jersey, District of Delaware, Northern District of California, Eastern District of Texas, and District of Massachusetts. She is admitted to practice in the State of New York, the Court of Appeals for the Federal Circuit, the Court of Appeals for the First Circuit, and various District Courts. 


John Molenda is co-chair of Steptoe's Healthcare & Life Sciences Industry Practice, is head of the Intellectual Property Practice for the New York office, and has served on the firm's Executive Committee. He focuses on patent litigation at the district court and appellate levels, opinions of counsel, due diligence, and inter partes reviews (IPRs). He represents clients across a wide range of technologies, including small molecule pharmaceuticals (Hatch-Waxman), biotherapeutics (biologics), biochemical research tools, genetically modified plants, medical devices, semiconductors, fiber optics, and computer software. 

John has developed a particular expertise in life sciences litigation and post-grant proceedings. He was named a 2021 Healthcare/Life Sciences Trailblazer by the National Law Journal and a 2019 Life Sciences MVP by Law360. In 2020, IAM Patent 1000 recognized John as an "extremely smart and meticulous" litigator who has created a "strong [brand] on both the small and large molecule sides." 

With respect to small molecule pharmaceuticals, John has served as lead counsel in numerous high-value Hatch-Waxman litigations, including those involving treatments for chronic myeloid leukemia, mantle cell lymphoma, renal cell carcinoma, blood clotting disorders, and opioid addiction. With respect to large molecule pharmaceuticals (biologics), John led Steptoe's team in litigating groundbreaking antibody therapies used to treat high cholesterol. He has also coordinated pre-litigation strategy for a global biosimilars program involving a diverse portfolio of monoclonal antibody and cytokine products. At the same time, John routinely counsels clients on the strategic use of IPRs as part of litigation and settlement strategy, and has served as lead counsel in numerous life sciences-related IPRs.

John also maintains an active appellate practice and litigates regularly in the US Court of Appeals for the Federal Circuit. He has held substantial roles in 25 Federal Circuit appeals, including arguing one of the first pharmaceutical-related IPR appeals. John is active in the Federal Circuit community, currently serving as a Vice Chair of the FCBA's Bench & Bar Planning Committee and Regional Programs Committee. Prior to private practice, he served as a Federal Circuit law clerk for the Honorable Alan D. Lourie.


Kirby Lee is Assistant Chief Intellectual Property Counsel for Ecolab, where he is responsible for patent and other intellectual property matters, including supporting the needs of NALCO Water business operations in Naperville, Illinois. Lee also focuses on intellectual property litigation and dispute resolution for the company.

Previously, Lee was a trial attorney at the U.S. Department of Justice in Washington, D.C. For a decade, he litigated cases in the Intellectual Property Section of the Commercial Litigation Branch. His recent government service also included a tour of duty in the Executive Office of the President as Senior Policy Advisor to the U.S. Intellectual Property Enforcement Coordinator.

Lee earned a Bachelor of Science degree in chemical engineering from Purdue University and a Juris Doctor from the Indiana University Law School – Indianapolis, where he graduated first in his class. During law school, Lee served as editor-in-chief of the Indiana Law Review and worked as a patent attorney trainee doing patent prosecution at Eli Lilly and Company.

Immediately following law school, Lee served as judicial law clerk to the Hon. Alan D. Lourie at the U.S. Court of Appeals for the Federal Circuit and to the Hon. Marvin J. Garbis at the U.S. District Court for the District of Maryland. Lee is also a registered patent attorney.

Lee is an active member of the Richard Linn American Inn of Court in Chicago. He is on the Board of Directors for the DuPage Symphony Orchestra, where he also performs as a violinist. Lee is proud to serve as pro bono counsel for clients at the Chinese American Service League as part of Chicago Volunteer Legal Services.


Omar Jabri is Assistant General Counsel, IP at Apotex, a Canadian pharmaceutical company which distributes drugs in over 115 countries around the globe. Mr. Jabri advises Apotex on all day-to-day matters relating to generic drug approval, including pre-submission diligence, including patent analysis, and oversight of external counsel involved in litigations over Apotex’s drug products. He is also Lead Attorney for Apobiologix, Apotex’s biosimilars division.

Mr. Jabri graduated from the University of Toronto with a Hon. B.Sc. (2000), and received law degrees from the University of Ottawa (2004) and Harvard Law School (2006). He is admitted to practice in Ontario and New York State.


Andrew Kopelman is Medidata’s VP, Assistant General Counsel & Chief Privacy Counsel, and is responsible for managing the company’s domestic and international data privacy matters and intellectual property strategies.

Prior to joining Medidata in 2012, Mr. Kopelman was an associate in the patent group at Jenner & Block, LLP, where he focused on patent litigation and client counseling involving pharmaceutical, computer and mechanical patents. Mr. Kopelman was previously an associate at Frommer, Lawrence & Haug LLP, where he focused on Hatch-Waxman pharmaceutical litigation. He is a registered patent attorney with the USPTO and is Certified Information Privacy Professional (CIPP/US).


Betty is a legal leader who enjoys helping companies transform legal and reputational challenges into business opportunities.  She regularly applies her wide-ranging, hands-on legal experience in a wide-variety of matters to achieve results for her clients.  Betty currently serves as member of the West global legal department, head of intellectual property, and lead lawyer for West’s Israel operations.  An accomplishment for which Betty is particularly proud is transforming a breach of a confidentiality agreement into a royalty-bearing license that includes three, seven-figure lump-sum payments. 

Betty joined West in 2016 from Novartis, where she served for eight years as Vice President in its legal function, advising on significant products liability and IP litigation and license and settlement agreements.  She helped devise a global intercompany licensing, patent assignment and cash flow management strategy to optimize potential recovery in patent infringement litigation and corporate taxes.  She created legal/IP strategies under the Biologics Price Competition and Innovation Act of 2009, which created a regulatory pathway for biosimilars.  Betty also was responsible for SOX reporting of litigation matters globally, and the divestment of vaccines, diagnostics and over-the-counter businesses worth over USD 20 bn. 

Before joining Novartis, Betty worked in private practice for over twelve years, including eight as an associate for Kaye Scholer, LLP, where she litigated dozens of pharmaceutical, biotech, medical device, scientific equipment and software patent infringement, copyright infringement and breach of contract cases, and conducted numerous M&A due diligences.  Betty bolsters this large law firm and big Biopharma experience with a solid foundation as an associate at a small IP boutique learning patent and trademark preparation and prosecution.  Upon graduating from law school, Betty worked for a year managing discovery in Superfund cases.  Combined with her in-house experience, Betty has tried nearly 40 patent infringement and products liability cases, including cross-examining a key expert, prepared, taken or defended nearly 50 depositions in various jurisdictions across the United States and in London, and drafted dozens of legal briefs and asset sale/purchase and license agreements. 

Before becoming a lawyer, Betty worked as an engineer for 3M, where she oversaw two specialty film production lines and helped develop a production process for Thinsulate® film.  She also worked as an engineer for Pitney Bowes, where she was responsible for selecting all new elastomers for a new high-speed inking system and an inventor on four patents.  While working fulltime for Pitney Bowes, Betty earned her J.D. from Quinnipiac University in nearby Bridgeport, Connecticut.  Betty also earned a Bachelor of Chemical Engineering from Auburn University.  Betty is admitted to practice law in Pennsylvania, D.C., New York, and Connecticut and is a registered U.S. Patent Attorney.

Betty lives in an old stone farmhouse on historic Horseshoe Trail in Chester Springs, Pennsylvania, with her husband, Phil Grant, and their two boys, Rodger and Nathanael.


Gary Hnath is a Partner in Mayer Brown’s Washington DC office, where he focuses his practice on intellectual property litigation and counseling, including disputes involving patent, trademark and copyright infringement and trade secrets. He has participated in numerous District Court cases, several Federal Circuit appeals, and over 40 investigations at the International Trade Commission under Section 337 of the Tariff Act of 1930, one of the principal forums for litigating intellectual property disputes involving imported articles.

A leading authority in the area of Section 337 litigation, Gary is a former president of the ITC Trial Lawyers Association and Chair of the ITC Committee of the American Intellectual Property Law Association. He has lectured throughout the United States and Asia and written widely on the subject of Section 337 investigations. While working at the ITC, Gary was lead counsel for the government in Certain Concealed Cabinet Hinges, which raised issues of first impression as to what constitutes a “domestic industry” under the 1988 amendments to Section 337. His position on this issue was adopted by the Administrative Law Judge and the Commission in a decision which is still cited as one of the leading cases in the field.

Gary has successfully represented both patent holders and companies accused of infringement in cases involving a variety of technologies, including high-intensity sweeteners; coenzyme Q10; toner cartridges; sleep apnea products; laminated packaging; linear actuators; medical devices for vein harvesting; personal computers; acetic acid; wireless local area networks; ground fault circuit interrupters; agricultural vehicles; multiplexers used in space satellites; gear couplings used in industrial machinery; and neodymium-iron-boron magnets, to name just a few. He was lead counsel for the first company in China to win a Section 337 case after trial at the ITC. His recent notable victories for clients at the ITC include the successful defense of two manufacturers in China accused of infringing four process patents for the manufacture of sucralose. In this high profile case, the Commission found all of the asserted patents not infringed, and one of the patents invalid, after a hotly contested trial.

Gary has also represented numerous clients on a pro bono basis. For example, in a case for a Washington DC public school bus aide fired from her job as a result of an erroneous drug test, Gary was successful in obtaining a ruling that his client’s constitutional rights had been violated and an order reinstating her with back pay. The court’s decision in that case was cited for several years as one of the leading decisions in the US discussing the constitutionality of random drug testing.

In addition to private practice, Gary has served as law clerk to the Honorable Walter E. Black Jr., US District Court for the District of Maryland and a senior trial attorney with the ITC’s Office of Unfair Import Investigations.


Joseph Lavelle is an experienced patent lawyer, focusing primarily on the preparation and trial of patent infringement cases.

Joseph also has handled a number of successful appeals to the Court of Appeals for the Federal Circuit.

Patent Litigation

Joseph has more than 25 years of experience litigating patent cases, including many bench and jury trials. He has litigated in most areas of technology, including semiconductors, computers, computer software, telephony, Digital Signal Processing, telematics, waveform encoding, automotive technology, financial services, biotechnology and many others.

In addition to federal district court proceedings, Joseph has tried a number of Section 337 proceedings before the US International Trade Commission (ITC), as well as handled cases before the US Court of Federal Claims and appeals to the Court of Appeals for the Federal Circuit. He also is licensed to practice before the USPTO and has successfully handled interference proceedings.

Antitrust

Joseph has vast experience handling litigation and counseling matters at the intersection of competition laws and antitrust laws. He has participated in many of the leading matters in the area of standard setting. Also, he has represented clients in patent-antitrust matters before the FTC and the Antitrust Division of the Department of Justice.


As counsel in the Litigation Department at Paul, Weiss, Rifkind, Wharton & Garrison LLP, Megan Raymond focuses on patent infringement matters with a specialty in PTAB matters. Megan has been heavily involved in all phases of post-grant proceedings in the PTAB since the first days post-grant proceedings became available. Many of her matters involve petitioner-side work for high tech clients or patent owner-side work for biotechnology and pharmaceutical clients. Megan is frequently responsible for coordinating matters between the District Court and/or ITC and the PTAB.

Megan attended college at Harvard University, where she majored in Biochemistry. She then became a research fellow at the National Institutes of Health in the U.S. Food and Drug Administration's Laboratory of Immunoregulation, where she did bench research and co-authored papers on vaccine design and development. After her time at NIH, she attended University of Virginia School of Law, and then clerked for the Honorable Haldane R. Mayer on the U.S. Court of Appeals for the Federal Circuit.

Megan is ranked in Chambers USA as an Up and Coming practitioner for Intellectual Property: Patent. Chambers describes her having particular expertise in PTAB proceedings and describes her as “a very smart and capable lawyer, who represents clients in a very effective way.” Megan has also been recognized by The Legal 500 for her patent litigation work and was named to the PTAB Bar Association's “Top 50 Women in PTAB Trials” list.

Megan serves on the board of the PTAB Bar Association and is the co-chair of the FCBA’s PTAB/TTAB Committee.  In her spare time she judges figure skating tests and competitions.


With over 20 years of patent prosecution experience under his belt, Robert Lord relies on a wealth of sound legal and business-savvy approaches to solving client’s IP issues. Robert’s practice focuses on patent prosecution, portfolio management, due diligence, client counseling, licensing, contract drafting and review, contested matters, and other adversarial proceedings in the hi-technology field, including software engineering, biomechanics, data science, machine learning, and computer engineering. 

From a technology standpoint, Robert has experience handling IP matters requiring technical competence ranging from front-end graphical user interfaces to massively parallel processing cycle-based systems for circuit design. As a software developer prior to practicing law, he worked on programming projects for the IRS, Federal Reserve Bank of Dallas, Apple Computer and others.

Robert is in charge of the FBFK’s prosecution practice firm-wide and manages over 3,000 active IP matters (patent, trademark, and copyright) for numerous medium-to-large companies, while still being intimately involved in daily patent prosecution matters. The firm’s patent prosecution practice proudly touts an allowance rate of over 90% with a well above average efficiency rating. Robert is frequently requested to lecture at seminars and hold presentations regarding various IP subject of high interest to the IP community and hi-tech leaders around the world. 

Bar Admissions

State Bar of Texas (1994); U.S. Patent and Trademark Office (2000)

U.S. District Court: Southern District of Texas; Northern District of Texas; Eastern District of Texas;

Western District of Texas; U.S. Court of Appeal for the Federal Circuit

Education

Baylor University School of Law; J.D. (1994); Baylor University; B.A. Computer Science (1991)

Representative Presentations

“Fundamentals of IP for Small Business Owners” Houston, Texas, June 17, 2019

“Acquiring and Polishing your Intellectual Property” Xuzhou, China; IP Trade Summit (November 2018)

“Legal Masterminds: Startup Bootcamp”, San Francisco Bay Area, California (2018)

 “Litigation & Licensing,” Ningbo and Suzhou, China; Taipei, Taiwan (2017)

 “The Litigation Process in the U.S. — How did I get here? Can I get out? Is there a way to avoid it altogether?,” Nanjing, Beijing, Ningbo, and Suzhou, China (2012)

“Patent Prosecution for Litigators,” Practicing Law Institute - New York City, New York (2013-2022)

 Representative Contentious Matters

• Prosper Funding LLC v. Splitit U.S.A., Inc. et al. Case No. 4:2021cv03234 (SDTX)

• Trading Central Canada Inc. v. Kavout Corporation. Case No. 1:2019cv02277 (DED)

• RW IP Holdings, LLC v. Standard Innovation Corp. Case No. 1:2017cv12060 (MAD)

• Dicon Fiberoptics v. Preciseley Technologies. Case No. 3:2015cv01362 (NDCA)

• Certain Kinesiotherapy Devices and Components Thereof, ITC Inv. 337-TA-823

• IPR2014-00148 and IPR2014-00907 (Petitioner)

• IPR2015-01739, IPR2015-01740, IPR2015-01741, IPR2015-01742, and IPR2015-01743 (Patent Owner)

Civic Activities

• Mayor – City of Bunker Hill Village, Texas (2019-Present); Councilmember (2014-2019)

• Industry Advisory Board Member, Baylor University Computer Science Department