Emily J. Greb
A seasoned litigator and trial lawyer with a life sciences background, Emily handles high-stakes matters for her clients.
Emily J. Greb is a patent trial lawyer who represents clients in federal courts across the country in high-stakes patent litigations. Emily also often represents clients involved in post-grant review proceedings before the Patent Trial and Appeal Board (PTAB). Emily has secured victories at various stages of litigation, including trial and preliminary injunction, as well as in inter partes review proceedings. Emily emphasizes life science technologies in her practice and has significant experience in Hatch-Waxman litigation.
Emily is experienced at all stages of litigation, from developing case strategies prior to filing a complaint through trial and appellate proceedings. She focuses on preparing cases for trial and has significant experience trying patent cases.
Additionally, Emily handles all stages of discovery from fact depositions and documents to expert discovery and pretrial proceedings. Notably, Emily has often worked through parallel proceedings in front of district courts and the PTAB.
Areas of focus
Education & Credentials
Education
- University of Wisconsin Law School, J.D., cum laude, Managing Editor, Wisconsin Law Review
- University of Wisconsin, M.S., Bacteriology
- University of Wisconsin, B.S., Bacteriology
Bar and Court Admissions
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Wisconsin
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U.S. Patent and Trademark Office
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the Seventh Circuit
- U.S. District Court for the Eastern District of Wisconsin
- U.S. District Court for the Western District of Wisconsin
Professional Recognition
Western District of Wisconsin Bar Association's "Pro Bono Award"
Winner, Wisconsin State Bar Intellectual Property Section Writing Competition
Impact
Community Involvement
- More Smiles Wisconsin, Board Member
Insights
Professional Experience
Experience
Apotex, Inc. v. Daiichi Sankyo, Inc., et. al.
U.S. District Court for the Northern District of Illinois
Representing intervenor Mylan in a dispute regarding Mylan’s 180-day exclusivity rights to market generic Benicar®. Case is ongoing.
AstraZeneca AB et al. v. Mylan Laboratories Ltd.
U.S. Court of Appeals for the Federal Circuit
U.S. District Court for the District of New Jersey
Represented Mylan in Hatch-Waxman litigation over patent rights to esomeprazole (Nexium®). Defeated motion for a preliminary injunction in the district court and on appeal, allowing Mylan to market a generic esomeprazole product.
AstraZeneca AB et al. v. Mylan Pharmaceuticals Inc. et al.
U.S. District Court for the District of New Jersey
Representing Mylan in Hatch-Waxman litigation in the District of New Jersey over patent rights to naproxen/esomeprazole magnesium tablets (Vimovo®), used to treat the risk of ulcer formation in patients requiring long-term treatment with non-steroidal anti-inflammatory drugs. Case is ongoing.
Hospira, Inc. et al. v. Sylvia Matthews Burwell, et al.
U.S. Court of Appeals for the Fourth Circuit
U.S. District Court for the District of Maryland
Represented intervenor-defendant Mylan Institutional LLC in a suit brought by Hospira in the District of Maryland against the U.S. Food and Drug Administration to rescind approval of a generic sedative. Successfully obtained summary judgment, allowing Mylan to market its product. After Hospira appealed to the Fourth Circuit, negotiated a successful settlement agreement.
In re Certain Semiconductor Chips and Products Containing Same, No. 337-TA-753
Represented Broadcom Corporation in an investigation filed by Rambus Inc. relating to digital signal transmissions and memory controller technologies. Case was tried in October of 2011 and settled favorably shortly thereafter.
Life Technologies Corporation et al. v. Promega Corporation
U.S. District Court for the Southern District of California
U.S. District Court for the Western District of Wisconsin
Represent Promega Corporation in various arbitration and litigation matters involving patents related to genetic analysis using short tandem repeat loci.
M/A-COM Technology Solutions Holdings, Inc. V. Laird Technologies, Inc.
U.S. District Court for the District of Delaware
Represented MACOM in a competitor patent case relating to GPS modules. Won preliminary injunction against Laird’s infringement.
The Medicines Company v. Mylan Inc.
U.S. District Court for the Northern District of Illinois
Trial and appellate counsel for Mylan in Hatch-Waxman litigation over patent rights to bivalirudin (Angiomax®). After the district court found that Mylan infringed only one of two patents, the Federal Circuit ruled that both patents were invalid.
Medicis Pharmaceutical Corporation v. Mylan Inc., et al.
U.S. District Court for the District of Delaware
Represented Mylan in Hatch-Waxman litigation over patent rights to the acne medication minocycline hydrochloride extended release tablets (Solodyn®). Negotiated a favorable settlement agreement allowing Mylan to market its generic minocycline product.
Pfizer Inc., et al. v. Mylan Inc., et al.
U.S. District Court for the District of Delaware
Represented Mylan in Hatch-Waxman litigation over patent rights to atorvastatin calcium (Lipitor®). Negotiated a successful settlement agreement allowing Mylan to market its generic Lipitor® product.
Teva Neuroscience, Inc. et al. v. Mylan Inc. et al.
U.S. District Court for the District of New Jersey
Served as trial and appellate counsel for Mylan in a Hatch-Waxman litigation over patent rights to rasagiline mesylate (Azilect®), a drug approved for the treatment of Parkinson’s disease. Negotiated a successful settlement agreement.
Teva Pharmaceuticals USA Inc. et al. v. Mylan Pharmaceuticals Inc. et al.
U.S. District Court for the District of Delaware
Representing Mylan in Hatch-Waxman litigation in the District of Delaware over patent rights to the 40mg dose of Copaxone®, a copolymer of amino acids used to treat multiple sclerosis. Case is ongoing.
Zywave Inc. v. Succeed Management Solutions, LLC.
U.S. District Court for the Eastern District of Wisconsin
Represented Succeed Management Solutions in case involving allegations of trade secret misappropriation, copyright infringement and unfair competition. Matter resolved through mediated settlement.