Injunctions and exclusion orders

  • For Samsung in Certain Wireless Devices with 3G and/or 4G Capabilities and Components Thereof, an ITC investigation involving standard-essential patents (SEPs), analyzed the public interest implications of exclusion orders. Evaluated theoretical and empirical evidence of patent holdup and royalty stacking in the wireless telecommunications industry. Testified regarding potential consumer harm and remedies.
  • For Samsung in Certain Electronic Devices, Including Wireless Communication Devices, Tablet Computers, Media Players and Televisions, and Components Thereof, testified on when it is or is not consistent with the ITC’s public interest mandate to issue exclusion orders against firms said to be infringing SEPs such as those necessary to comply with 3G and 4G mobile standards.
  • Submitted a declaration in Allure Energy, Inc. v. Nest Labs, Inc. on behalf of defendant Nest Labs. Performed economic analysis of the four eBay factors to assess whether a preliminary injunction against Nest Labs should be granted for alleged patent infringement. Plaintiff’s request for a preliminary injunction was denied.
  • In Teva v. Amgen, supported testifying expert related to the injunction sought by Amgen to prevent Teva from introducing its infringing drug, Neutroval, in the US. A court-approved settlement enjoined Teva from introducing Neutroval into the United States until November 2013—only one month before the patents at issue will expire.
  • Provided written report, deposition, and courtroom testimony on behalf of Amgen in Amgen v. Roche to advise the court considering whether to grant a permanent injunction against Roche’s sales and marketing of a product that infringes Amgen’s patents.
  • In Applied Medical v. Ethicon Endo-Surgery, on behalf of Applied Medical, investigated economic issues associated with the Court’s consideration of injunctive relief concerning allegations of false advertising in markets for laparoscopic medical devices. Analyses focused on the impact of the challenged conduct on surgeon preferences and hospital procurements.