Chad Shear is a Principal in Fish & Richardson’s Southern California office. He is a member of the firm’s life sciences and pharmaceutical litigation group, and has represented clients across that technology spectrum as well as others. As lead trial counsel, Chad successfully defended Callaway Golf in a recent jury trial in the Eastern District of Texas. Another recent success involved a bench trial victory on behalf of a pioneering pharmaceutical developer of glaucoma medications as well as a favorable settlement after a full bench trial on behalf of a pioneer in cardiovascular medications.
Coherus Biosciences v. Abbvie Biotechnology Ltd. (Patent Trial and Appeal Board): Representing biosimilar manufacturer Coherus in four inter partes review petitions filed against AbbVie patents covering dosing protocols for HUMIRA®.
Idenix v. Gilead Sciences, Inc., (D. Mass; D. Del): Representing defendant, Gilead, in worldwide litigation over its blockbuster hepatitis C treatments SOVALDI® and HARVONI®.
Gilead Sciences, Inc. v. AbbVie (D. Del.): Representing plaintiff in litigation over its hepatitis C treatment HARVONI®.
iCeutica Inc. et al v Lupin, LTD., et al (D. Del): Lead counsel for Plaintiffs in Hatch-Waxman litigation over pain medication ZORVOLEX®.
GSK v Teva; GSK v Glenmark (D.Del): counsel for plaintiffs in litigation over heart-failure medication COREG®.
Roche Palo Alto, et al v. Lupin, Ltd., et al (D.N.J.): Trial counsel for plaintiffs in Hatch-Waxman action over ANDA for angina drug RANEXA®; after three-week bench trial in May, 2013, case settled with Lupin agreeing to forestall entry until three months before patent expiry.
Allergan, Inc. v. Sandoz, Inc., et al (E.D.Tx.): Trial counsel for plaintiff in Hatch-Waxman actions over ANDAs for glaucoma drug COMBIGAN®. Injunction entered against generic entry in August, 2011. Injunction affirmed at 726 F.3d.1286 (Fed. Cir. 2013).
Allergan, Inc. v. Akorn, Inc., et al (D. Del.): Counsel for plaintiff in Hatch-Waxman action over ANDA for ocular pain drug ACUVAIL®. Case amicably settled.
Allergan, Inc. v. Akorn, Inc, et al (E.D.Tx.): Counsel for plaintiff in patent infringement actions over generic versions of ocular pain drug ACULAR® LS. Cases amicably settled.
Allergan, Inc. v. Sandoz, Inc., et al (E.D.Tx.): Trial counsel for plaintiff in Hatch-Waxman actions over ANDAs for glaucoma drug COMBIGAN®. Injunction entered against generic entry. Affirmed on appeal.
In re Brimonidine Patent Litigation, MDL No. 1866 (D. Del.): Trial and appellate counsel for Allergan in multi-district litigation regarding ANDAs for glaucoma drugs, ALPHAGAN P .15% and ALPHAGAN® P .1%. Injunction entered against generic entry in October, 2009. Injunction affirmed at 643 F.3d 1366 (Fed. Cir. 2011).
Colucci v. Callaway Golf (E.D. TX. 2010): Lead trial counsel for Callaway Golf – obtained successful defense jury verdict in a case involving several lines of Callaway Golf putters.
Allergan, Inc., et al v. Alcon Laboratories, et al (D.Del.): Counsel for Allergan regarding a generic version of Allergan’s glaucoma drug, ALPHAGAN® P 0.15% that resulted in settlement on the morning of opening statements with defendant agreeing not to launch generic drug for several years and to pay royalty on release.
Bella Bella, Inc. v. Mary Kay, Inc. (C.D. Cal. 2008): Defended Mary Kay in patent litigation regarding micro-derm abrasion skin care products.
Microsoft Corporation adv. Data Encryption Corporation(C.D. Cal.): Won summary judgment of noninfringement for defendant Microsoft in patent infringement case against Windows involving file encryption technology, affirmed by the United States Court of Appeals for the Federal Circuit.
Dyneon LLC, et al v. Dupont Dow Elastomers (D. Minn.): Represented Dyneon in patent infringement action related to polymer processing additives. Case favorably settled shortly before trial.
Dimension One Spas v. Coverplay (S.D. Cal): Represented Dimension One Spas in patent infringement action related to spa cover lifters. Won summary judgment of infringement and no invalidity after bench trial.
Microsoft Corporation adv. TV Interactive Data (N.D. Cal.): Defended Microsoft in four-patent litigation involving Windows operating system and device driver technology. Case favorably settled.
Callaway Golf Co. v. Thomas Golf, Inc. (S.D Cal.): Represented Callaway Golf in trademark infringement and patent declaratory judgment action. Case favorably settled.
DuFresne v. Microsoft Corp. et al. (D. Mass.): Counsel for Microsoft, Adobe Systems, Inc., and Macromedia, Inc. in litigation involving client-server programming environment where executable tags are embedded in an html file.
June 7, 2016
Fish & Richardson Obtains Reversal of $200 Million Patent Verdict Against Gilead After Merck’s “Pervasive Pattern of Misconduct”
June 11, 2014
I’ve Got My Eye on You – FDA May be More Closely Evaluating Generic Products
June 5, 2014
New Apps for IP, Parking, Romance and Soccer
April 21, 2014
Fish Develops Free Mobile App for Post-Grant Proceedings
December 31, 2013
Hatch-Waxman at the Federal Circuit: Sustaining validity of formulation patents is no easy task
October 26, 2009
Fish Wins Patent Infringement Suit for Allergan, Inc. Over Leading Glaucoma Drug