Brandon M. White
- Washington, D.C.
With a proven track record and extensive pharmaceutical experience, Brandon helps companies safeguard their interests.
Brandon White handles pharmaceutical patent and regulatory litigation under the Hatch-Waxman Act and U.S. Patent and Trademark Office post-grant proceedings. He represents some of the largest generic pharmaceutical companies in complex and legally significant pharmaceutical patent cases.
In addition to his experience in the federal district courts and in the U.S. Court of Appeals for the Federal Circuit, Brandon has particular experience in inter partes review proceedings that often accompany Hatch-Waxman cases. He works across the globe, helping his clients litigate cases in foreign tribunals. He has extensive experience in the European and Indian patent offices and has assisted clients with trials throughout Europe, Canada, and India.
Outside of the pharmaceutical space, Brandon frequently handles cases related to other technologies. He has handled cases brought in the U.S. International Trade Commission covering a wide variety of technological areas, including welding equipment, mobile communications and networks, check processing, white goods, data encryption, sporting goods and equipment, consumer electronics, and medical devices.
Prior to practicing law, Brandon worked as a structural engineer in Cleveland, Ohio.
Education & Credentials
Education
- University of Akron School of Law, J.D.
- The Ohio State University, B.S.C.E.
- Arizona State University, B.S., Biochemistry
Bar and Court Admissions
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District of Columbia
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Ohio
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U.S. Patent and Trademark Office
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West Virginia
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Pennsylvania
- Federal Circuit Court of Appeals
- U.S. Court of Appeals for the Third Circuit
- U.S. District Court for the District of Columbia
- Supreme Court of the United States
- U.S. District Court for the Northern District of Ohio
- U.S. District Court for the Southern District of Ohio
- U.S. District Court for the Northern District of West Virginia
- U.S. District Court for the Southern District of West Virginia
Related Employment
- Paul, Hastings, Janofsky & Walker LLP, Washington, D.C., Associate, 2006-2009
- Sughrue Mion PLLC, Washington, D.C., Associate, 2002-2006
- City of Akron Law Department, OH, Civil Division, Law Clerk, 2000-2002
- Harsch Engineering Services, Structural Engineer, 1999
- Polytech Inc., Structural Engineer, 1998-1999
Professional Recognition
Listed in Chambers USA "America's Leading Lawyers" for Intellectual Property: Litigation, 2022-2024
Recommended in Intellectual Asset Management Patent 1000, 2021-2024
Listed in Chambers USA as an "Up and Coming" Intellectual Property Attorney, 2021
Listed in LMG Life Sciences 2019 as an "Intellectual Property Star"
Impact
Professional Leadership
- University of Akron School of Law, Intellectual Property Advisory Council
Insights
News
Professional Experience
U.S. International Trade Commission Experience
Immersion v. HTC
International Trade Commission, U.S. District Court for the District of Delaware
Representing HTC in a case related to mobile handset software. Complainant withdrew complaint two weeks prior to the hearing on the merits.
In the Matter of Certain Bulk Welding Wire Containers and Components Thereof and Welding Wire
U.S. International Trade Commission
Representing complainant Lincoln Electric in an ITC action brought against five accused infringers in connection with patents involving welding technologies. Four-day trial took place in April 2010. Case on appeal to the Federal Circuit. Inv. No. 337-TA-686
In the Matter of Certain Rubber Antidegradants*
Served as lead ITC counsel in action involving patents covering rubber antidegradant additives for products such as vehicle tires. Inv. No. 337-TA-533/652
* Prior Experience
U.S. District Court Litigation Experience
Teva Pharmaceuticals USA v. United States Food & Drug Administration, et al.
U.S. District Court for the District of Columbia
Represented Intervenor-Defendant Mylan Pharmaceuticals Inc. in a suit brought by Teva Pharmaceuticals against the FDA under the Administrative Procedure Act. Teva sought to force FDA to reclassify the multiple sclerosis drug Copaxone as a biologic product in order to frustrate generic competition. Successfully obtained summary judgment against Teva on all claims.
In re Copaxone ’775 Patent Litigation
U.S. District Court for the District of Delaware
Represented Mylan in patent infringement litigation concerning method of manufacturing glatiramer acetate (Copaxone®), a treatment for multiple sclerosis. Plaintiffs agreed to dismiss all claims after Mylan obtained a favorable claim construction ruling.
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.
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.
Immersion v. HTC
U.S. District Court for the District of Delaware
Representing HTC in a case related to mobile handset software. Case ongoing.
Teva Pharmaceuticals USA Inc., et al. v. Mylan Pharmaceuticals Inc., et al.
U.S. District Court for the Southern District of New York
Defended Mylan and Natco in suit alleging infringement of multiple patents related to polypeptide markers for measuring the molecular weight characteristics of a pharmaceutical composition for the treatment of multiple sclerosis. Mylan obtained dismissal of suit in its entirety for failure to state a claim upon which relief could be granted.
AstraZeneca AB, et al. v. Mylan Inc., et al.
U.S. District Court for the District of New Jersey
Defending Mylan, a generic pharmaceutical company, in Hatch-Waxman litigation relating to esomeprazole (Nexium®). Case is ongoing.
Teva Neuroscience, Inc., et al. v. Mylan Inc., et al.
U.S. District Court for the District of New Jersey
Represented Mylan in a Hatch-Waxman litigation over patent rights to rasagiline mesylate (Azilect®), a drug approved for the treatment of Parkinson’s disease. Decision pending.
Watson v. FDA
U.S. District Court for the District of Columbia
Represented Mylan as intervenor in FDA regulatory matter related to FDA determinations of regulatory exclusivity.
Teva Pharmaceuticals USA Inc., Teva Pharmaceuticals Industries Ltd., Teva Neuroscience Inc. and Yeda Research and Development Company Ltd. v. Mylan Pharmaceuticals Inc., Mylan Inc. and Natco Pharma Ltd.
U.S. District Court for the Southern District of New York
Representing Mylan and Natco in patent infringement action related to copolymer compositions. Case ongoing.
Mylan Pharmaceuticals Inc. v. Smithkline Beecham Corporation and Apotex
U.S. District Court for the District of New Jersey
Representing Mylan in breach of contract suit related to patent settlement. Case ongoing.
Sidergas SpA v. The Lincoln Electric Company
U.S. District Court for the District of Delaware
Represented Lincoln in a patent infringement and antitrust action brought by Sidergas related to weld wire packaging technology. Resulted in a dismissal of claims against Lincoln.
The Lincoln Electric Company v. Miller Electric Mfg. Company & Illinois Tool Works Inc.
U.S. District Court for the Northern District of Ohio
Representing Lincoln Electric in patent infringement and antitrust case involving multiple patents related to welding power supplies.
The Lincoln Electric Company and Lincoln Global Inc. v. Kiswel Company, Ltd.
U.S. District Court for the Northern District of Ohio
Representing Lincoln in a patent infringement action brought against Kiswel related to weld wire and welding consumable technology. The litigation was settled.
The Lincoln Electric Company and Lincoln Global Inc. v. Hyundai Welding Company, Ltd.
U.S. District Court for the Northern District of Ohio
Representing Lincoln in a patent infringement action brought against Hyundai related to weld wire and welding consumable technology. The litigation was settled.
The Lincoln Electric Company and Lincoln Global Inc. v. The ESAB Group Inc., et al.
U.S. District Court for the Northern District of Ohio
Representing Lincoln in a patent infringement action brought against ESAB related to weld wire and welding consumable technology. The litigation is ongoing but is stayed.
The Lincoln Electric Company and Lincoln Global Inc. v. Sidergas SpA
U.S. District Court for the Northern District of Ohio
Representing Lincoln in a patent infringement action brought against Sidergas related to weld wire and welding consumable technology. The litigation is ongoing but is stayed.
Bridgestone Sports Company, Ltd. & Bridgestone Golf Inc. v. Acushnet Company*
U.S. District Court for the District of Delaware
Represented Bridgestone in patent infringement action against Acushnet, makers of Titleist® golf balls; settled 2 weeks prior to trial.
DataTreasury Corporation v. Harris N.A. & Harris Bankcorp Inc., et al.*
U.S. District Court for the Eastern District of Texas
Represented Harris Bank in patent litigation related to check imaging.
W.L. Gore & Associates Inc. v. Saint-Gobain Performance Plastics Corporation*
U.S. District Court for the District of Maryland
Represented W.L. Gore in patent litigation related to cardiac catheters.
Saint-Gobain Performance Plastics Corporation v. W.L. Gore & Associates Inc., et al.*
U.S. District Court for the District of Massachusetts
Represented W.L. Gore in patent litigation related to cardiac catheters.
Sepracor Inc. v. Breath Limited*
U.S. District Court for the District of Massachusetts
Represent Sepracor in ANDA litigation related to Xopenex®
Sepracor Inc. v. Dey, L.P., Dey Inc., and Barr Laboratories Inc.*
U.S. District Court for the District of Delaware
Represent Sepracor in ANDA litigation related to Xopenex®.
Nycomed and Wyeth v. KudCo, Teva, Sun*
U.S. District Court for the District of New Jersey
Represent Nycomed in ANDA litigation related to Protonix®.
J.W. Harris Company, Inc. v. Flame Technologies Inc.*
U.S. District Court for the Southern District of Ohio
Represented J.W. Harris in litigation related to its “Harris” trademarks.
The Lincoln Electric Company and Lincoln Global Inc. v. Lisco Inc. and Phoenix Welding Supply Company*
U.S. District Court for the Central District of California
Represented Lincoln Electric in a patent, trademark and copyright infringement lawsuit brought against Lisco and Phoenix Welding related to the infringement of Lincoln Electric’s welding related technology. Obtained a favorable settlement early in the litigation.
J.W. Harris Company Inc. v. CDL International Sales Inc. and Inman International Corporation*
U.S. District Court for the District of Nevada
Represented J.W. Harris Company, against CDL and Inman for trademark infringement occurring at a tradeshow. Obtained a default judgment in favor of J.W. Harris.
The Lincoln Electric Company, Lincoln Global Inc. and J.W. Harris Corporation v. Inweld Corporation*
U.S. District Court for the Northern District of Ohio
Represented Lincoln Electric, Lincoln Global, and J.W. Harris against Inweld for trademark infringement. Litigation settled favorably early in litigation.
Light Valve Solutions LLC v. NEC Display Solutions of America Inc. and Canon U.S.A. Inc., et al.*
U.S. District Court for the Northern District of Georgia
Represented NEC Display Solutions and Canon in a patent infringement action brought by Light Valve, related to high definition projectors and LCD displays. Litigation was settled.
Flexsys America LP v. Kumho Tire USA Inc., et al.*
U.S. District Court for the Northern District of Ohio
Represented Flexsys against Kumho and Sinorghem in patent infringement action related to rubber antidegradants for rubber products, such as tires.
The Lincoln Electric Company, et al. v. Travers Tool Company*
U.S. District Court for the Northern District of Ohio
Represented Lincoln Electric against Travers Tool in a trademark infringement action related to Lincoln’s welding technology. Litigation settled favorably in early stages of litigation.
The Lincoln Electric Company, et al. v. ATD Tools Inc.*
U.S. District Court for the Northern District of Ohio
Represented Lincoln Electric against ATD Tools in a trademark infringement action related to Lincoln’s welding technology. Litigation settled favorably in early stages of litigation.
Daiichi Pharm. Company, Ltd., et al. v. Mylan Labs Inc., et al.*
U.S. District Court for the Northern District of West Virginia
Represented Daiichi in ANDA case related to the antibiotic Levaquin®. Favorable after two-month bench trial; affirmed on appeal to Federal Circuit.
Daiichi Pharm. Company, Ltd. v. Teva Pharms. USA Inc., Am. Pharm. Partners Inc., Hi-Tech Pharm. Company Inc., Sicor Pharm. Inc. & Sicor Inc.
U.S. District Court for the District of New Jersey
Represented Daiichi in ANDA case related to the antibiotic Levaquin®. Favorable result after trial in related matter.
Daiichi Pham. Company, Ltd. v. Ben Venue Labs. Inc. & Bedford Labs.*
U.S. District Court for the District of New Jersey
Represented Daiichi in ANDA case related to the antibiotic Levaquin®. Favorable result after trial in related matter.
Kinzenbaw v. Case Corporation*
U.S. District Court for the Northern District of Illinois
Represented Case in litigation related to farm machinery.
Leo A. Metzger v. CNH America, L.L.C.*
U.S. District Court for the Northern District of Iowa
Represented CNH America in case related to farm machinery. Favorable result after trial and on appeal.
Contois Music Tech., LLC v. Apple Computer Inc.*
U.S. District Court for the District of Vermont
Represented Contois in case related to iTunes interface. Settled during discovery.
Visual Networks v. Paradyne*
U.S. District Court for the District of Maryland
Represented Visual Networks in case related to computer networks. Settled during discovery.
* Prior Experience