April 7, 2016
Law360 Names Juanita Brooks a 2013 IP MVP
This article originally appeared in Law360 on November 13, 2013.
Fish & Richardson PC’s Juanita Brooks secured rulings that wiped out a $23.5 million infringement judgment against Fresenius USA Inc. and protected two Allergan Inc. drugs from generic competition, earning her a spot on Law360’s list of Intellectual Property MVPs
In one of the year’s most talked about cases, Brooks defended Fresenius against Baxter International Inc.’s claim that it infringed a dialysis machine patent. While a lower court found that Fresenius infringed and awarded $23.5 million in damages and royalties, the company pursued a reexamination at the U.S. Patent and Trademark Officethat invalidated Baxter’s patent.
The Federal Circuit ruled in July that as a result of the USPTO’s finding, Baxter could not collect the infringement award. It held that the infringement case was not final because some royalty issues were outstanding, and that the invalidation of the patent effectively negated the judgment.
The ruling sets an important precedent that post-grant review of patents can directly impact the outcome of litigation, Brooks said. She praised Fresenius for being willing to press a difficult issue that some companies might not have wanted to take on.
Read what Juanita had to say during her interview with Law360 aboutthese challenging cases the basis of her recent honor as an IP MVP.
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