Autumn N. Nero

Teva Pharmaceuticals International GmbH et al. v. Dr. Reddy’s Laboratories

U.S. District Court for the District of Delaware
Represented Dr. Reddy’s Laboratories in Hatch-Waxman litigation in the District of Delaware over patent rights to bendamustine (Bendeka®). A successful settlement was reached.

Bristol-Myers Squibb & Co. v. Xspray Pharmaceuticals AB

U.S. District Court for the District of New Jersey
Represented Xspray Pharmaceuticals in Hatch-Waxman litigation in the District of New Jersey, contesting the validity and infringement of patents relating to dasatinib (Sprycel®). A successful settlement was reached.

Zip Top, Inc. v. S. C. Johnson & Son, Inc.

U.S. District Court for the Northern District of Illinois 
Represented S. C. Johnson in patent litigation in the Northern District of Illinois regarding accusations of patent infringement against S. C. Johnson’s Ziploc® Endurables® products. Obtained early summary judgment of non-infringement of all asserted claims.

Avion-Pharmaceuticals, LLC et al. v. Lupin Ltd. et al.

U.S. District Court for the District of Delaware
Represented Avion Pharmaceuticals in Hatch-Waxman litigation in the District of Delaware over patent rights to Balcoltra®. A successful settlement was reached.

Celgene Corporation v. Dr. Reddy's Laboratories, Ltd. et. al.

U.S. District Court for the District of New Jersey
Represented Dr. Reddy’s Laboratories in three Hatch-Waxman litigations in the District of New Jersey, contesting validity and infringement of compound patents and method-of-treatment patents relating to lenalidomide (Revlimid®). A successful settlement was reached.

Novartis Pharmaceuticals Corporation v. Dr. Reddy’s Laboratories, Inc.

U.S. District Court for the District of Delaware
Represented Dr. Reddy’s Laboratories in Hatch-Waxman litigation in the District of Delaware, contesting the validity and infringement of patents relating to sacubitril/valsartan (Entresto®). After Novartis dropped three patents, a fourth patent was found invalid after a week-long bench trial. A successful settlement was reached.

Novartis Pharmaceuticals Corp. et al. v. Mylan Institutional LLC

U.S. District Court for the District of Delaware
Representing Mylan in the District of Delaware in Hatch-Waxman litigation over patent rights to liraglutide (Victoza®). A successful settlement was reached.

Celgene Corporation v. Dr. Reddy's Laboratories, Ltd. et. al.

U.S. District Court for the District of New Jersey
Represented Dr. Reddy’s Laboratories in three Hatch-Waxman litigations in the District of New Jersey, contesting validity and infringement of compound patents and method-of-treatment patents relating to lenalidomide (Revlimid®). A successful settlement was reached.

U.S. Water Services, et al. v. Novozymes A/S, et al.

U.S. District Court for the Western District of Wisconsin
Obtained a jury verdict of contributory and induced infringement and no invalidity on behalf of U.S. Water Services. After a two-week trial, the jury awarded more than $7.5 million in royalties to U.S. Water Services after finding that the defendants infringed the asserted claims of two U.S. Water Services patents covering the use of phytase to reduce deposits in ethanol processing equipment

Horizon Pharmaceuticals, et al. v. Mylan Pharmaceuticals Inc., et al.

U.S. Court of Appeals for the Federal Circuit
U.S. District Court for the District of New Jersey
Represented Mylan in three Hatch-Waxman litigations in the District of New Jersey and the U.S. Federal Circuit Court of Appeals 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. After Mylan successfully obtained judgments of invalidity of four patents, a settlement agreement was reached.

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.

Apotex, Inc. v. Daiichi Sankyo, Inc., et. al.

U.S. District Court for the Northern District of Illinois
Represented intervenor Mylan in a series of disputes regarding Mylan’s 180-day exclusivity rights to market generic Benicar®, resulting in Mylan’s launch of a generic product with its 180-day exclusivity in place.

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 (FDA) to rescind approval of a generic sedative. Successfully obtained summary judgment, allowing Mylan to market its product. After Hospira appealed to Fourth Circuit, negotiated a successful settlement agreement.

Split Pivot Inc. v. Trek Bicycle Corporation

U.S. District Court for the Western District of Wisconsin
Defended Wisconsin bicycle manufacturer in a patent infringement and trade secret suit in which certain Trek mountain bikes were accused of infringing patents relating to vehicle suspension systems. Successfully obtained summary judgment ruling, which was affirmed by the Federal Circuit.

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®). The district found that Mylan infringed only one of the two patents. The Federal Circuit reversed the finding of infringement, holding that Mylan infringed neither asserted patent.

Illumination Management Solutions Inc. v. Ruud Lighting Inc., et al. (Stadtmueller, J.)

U.S. District Court for the Eastern District of Wisconsin
Defended Ruud Lighting Inc. in a patent infringement case related to LED lighting products. Successfully obtained summary judgment ruling of non-infringement.

Ruud Lighting Inc. v. Cooper Lighting, LLC

U.S. District Court for the Eastern District of Wisconsin
Represented Ruud Lighting Inc. in a patent infringement case related to LED lighting products.

Teva Neuroscience, Inc., et al. v. Mylan Inc., et al.

U.S. District Court for the District of New Jersey
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.

DNT, LLC v. Sprint Nextel Corporation, et al.

U.S. District Court for the Eastern District of Virginia
Represented T-Mobile USA Inc. in a multi-defendant patent litigation relating to wireless data cards. Successfully obtained jury verdict and judgment of invalidity and non-infringement.

S.C. Johnson & Son Inc. and CTR, LDA v. The Dial Corporation*

U.S. District Court for the Western District of Wisconsin
Represented S.C. Johnson and CTR against Dial in a patent infringement case involving CTR’s patents covering multifragrancing technology used in consumer air freshener products. The case was resolved after claim construction.

The Dial Corporation v. S.C. Johnson & Son Inc.

U.S. District Court for the District of Arizona
Represented S.C. Johnson in consumer product patent case involving fragrancing technology.

San Francisco Technology Inc. v. S.C. Johnson & Son Inc.

U.S. District Court for the Northern District of California
Defended S.C. Johnson against allegations of false patent marking.

Feldmann Engineering & Manufacturing Co., Inc. v. Ardisam, Inc.

U.S. District Court for the Western District of Wisconsin
Successfully represented defendant in patent infringement case related to ice fishing equipment.

Regents of the University of California and Boston Scientific Corporation v. Micro Therapeutics Inc. (MTI), et al.*

U.S. District Court for the Northern District of California
Represented MTI in patent infringement case involving 12 patents relating to the repair of brain aneurysms by implanting platinum microcoils therein. Nine other corresponding worldwide litigations, as well as several European Patent Office (EPO) oppositions were also ongoing. MTI counterclaimed for antitrust violation against the Regents and Boston Scientific Corporation. The litigation was successfully completed in March 2008, with MTI receiving a worldwide license to operate under all of the asserted patents.

* Prior Experience

Arandell Corporation, et al. v. Xcel Energy, Inc., et al.

U.S. District Court for the Western District of Wisconsin
Representing a class of commercial purchasers of natural gas in ligation over price manipulation in the natural case market.  The case is ongoing.

Make Him Smile, Inc. v. Trek Bicycle Corp.

U.S. District Court for the Central District of California
U.S. District Court for the Western District of Wisconsin
Represented Trek in litigation involving right of publicity and Lanham Act claims related to the late comedian Chris Farley. After Trek successfully transferred the case to the Western District of Wisconsin, the parties reached an amicable settlement agreement.

Ann Bogie v. Joan Rivers, et al.

U.S. District Court for the Western District of Wisconsin
U.S. Court of Appeals for the Seventh Circuit
Represented Ms. Rivers and a group of defendants in litigation involving invasion of privacy claims related to the film Joan Rivers: A Piece of Work. A dismissal order in favor of the defendants in the district court was affirmed by the Seventh Circuit Court of Appeals.

Illumination Management Solutions Inc. v. Ruud Lighting Inc., et al. (Randa, J.)

U.S. District Court for the Eastern District of Wisconsin
Defended Ruud Lighting Inc. and two of its officers in a variety of claims including breach of fiduciary duty and trade secret. The court granted Ruud's motion to dismiss.

In re Marion Wilson

United States Supreme Court
U.S. Court of Appeals for the Eleventh Circuit
U.S. District Court for the Middle District of Georgia
Represented death row inmate in habeas action related to lethal-injection sentence.

Mylan Inc. v. Smithkline Beecham Corporation

U.S. District Court for the District of New Jersey
Represented Mylan Inc. in litigation involving breach of a patent settlement agreement related to the depression medication Paxil® (paroxetine). The case resulted in a jury verdict in Mylan’s favor exceeding $100 million.

Townsend v. Allen

U.S. District Court for the Western District of Wisconsin
U.S. Court of Appeals for the Seventh Circuit
Pro bono representation of prison inmate challenging conditions of confinement during prison lockdown. Jury found that the prisoner had been subjected to cruel and unusual punishment in violation of Eighth Amendment and awarded the prisoner $300,000.

Wisconsin Interscholastic Athletic Association v. Gannett Company

U.S. District Court for the Western District of Wisconsin
U.S. Court of Appeals for the Seventh Circuit
Represented the Wisconsin Interscholastic Athletic Association in a copyright and First Amendment case related to internet streaming rights of high school athletic events. A summary judgment order in favor of the WIAA in the district court was affirmed by the Seventh Circuit Court of Appeals.