Patrice Jean

Selected IP Litigations

• Focus Products Group International LLC v. Kartri Sales Co. Inc. (Fed. Circ.): Obtained an opinion ruling that the Southern District of New York erred in multiple patent, trade dress and trademark infringement findings, which it reversed or vacated, remanding the matter back to the district court and unraveling a $4 million judgment.

• DigitalDoors, Inc. v. Flushing Bank (E.D.N.Y.): Achieved dismissal with prejudice for Flushing Bank in a patent infringement lawsuit brought by data security company DigitalDoors concerning methods for data processing, storage and security.

• Cipla Ltd. v. Amgen (D. Del.): Represented Cipla in its patent litigation against Amgen in connection with Cipla's generic version of the prescription drug Sensipar. Achieved victory for Cipla and rejection of Amgen’s challenge

• Alda Communications Trademark Litigation: Represented Alda Communications Training Company in its defeat of an international trademark application litigation challenge. Achieved victory for Alda Communications with the trademark petition from Aldi Inc. rejected

• BASF Corp. v. SNF Holding Co. (D. Ga.): Represented SNF in the Federal Circuit’s ruling that the case had been filed in an improper venue and finding that a BASF patent was invalid and dismissed, in its entirety, a civil action for alleged patent infringement that BASF brought against SNF and several affiliates

• 454 Life Sciences Corp. v. Ion Torrent Inc. et al., No. 1:15-cv-00595-JPS (D. Del.): Counsel for the patent owner in an action concerning a process called "emulsion polymerase chain reaction" for simultaneously amplifying multiple nucleic acids in a single reaction tube

• Teva Pharmaceuticals USA v. Sandoz and Teva Pharmaceuticals USA v. Mylan Pharmaceuticals et al. (S.D.N.Y.): Represented Teva in consolidated Hatch-Waxman litigations concerning proposed generic equivalents to Teva's blockbuster multiple sclerosis drug Copaxone®

• Wyeth v. Intervet (D. Del.): Represented Intervet in patent infringement litigation concerning patents related to porcine circovirus vaccine technology. Achieved a favorable claim construction ruling

• Intervet v. Merial Ltd. et al. (D.D.C.): Represented Intervet in patent litigation resulting in a favorable ruling including a summary judgment of noninfringement

• Pfizer v. Teva Pharmaceuticals USA et al. (D.N.J.): Represented Teva against a multibillion-dollar damages claim in a case relating to Pfizer's epilepsy drug Neurontin® (gabapentin). Achieved a favorable ruling including a summary judgment ruling

• Institut Pasteur v. Simon (E.D. Pa.): Represented Institut Pasteur and the Centre National de la Recherche Scientifique in patent litigation resulting in a favorable summary judgment ruling regarding ownership of a portfolio of 13 patents related to DNA "molecular combing" technology. The ruling confirmed that the world-renowned French research institutions are the rightful owners of the entire portfolio of patents

Other Matters

• Representation of Grab, Southeast Asia's leading super app, in its pending $425 million acquisition of Stash Financial, Inc., a U.S. digital financial services company.

• Representation of Mercedes-Benz on its investment in humanoid robotics company Apptronik's $403 million Series A funding round

• Representation of Geller & Company on the sale of its multi-family office business to Corient, one of the fastest-growing national wealth advisors in the U.S.

• Representation of Wipro on its $40 million acquisition of U.S.-based IT services consulting firm Applied Value Technologies

• Representation of diversified biopharmaceutical company ANI Pharmaceuticals in its acquisition of global pharmaceutical company Alimera Sciences

• Served as counsel in arbitrations representing Roche

• Representation of Tao Group Hospitality in a deal to acquire Hakkasan Group, creating a premium hospitality powerhouse that includes a global portfolio of brands and properties

• Representation of Turnitin, a leading provider of academic integrity and assessment solutions, in its acquisition of ExamSoft from private equity firm Spectrum Equity

• Representation of Condé Nast in the sale of Golf Digest and Brides in two separate deals

• Representation of Ascension Church in its planned sale of a Keith Haring mural described as the legendary street artist's “best kept secret”

• “Patent Thicket Concerns Have Started Something Brewing at the Patent Office: Are Extensive Changes to Patent Practice on the Horizon?,” (January 2023)
• "Skilled in the Art: A Reply to Senators’ ‘Thicket’ Concerns," Law.com (June 24, 2022)
• "IP and COVID-19," Pharmaceutical Executive (March 11, 2021)
• "Estate Planning for the Digital Afterlife," New York Law Journal (Nov. 10, 2016)
• "Protecting Life Science Inventions in View of the USPTO's 'Guidance for Determining Subject Matter Eligibility of Claims Reciting or Involving Law of Nature, Natural Phenomena and Natural Products,'" Bloomberg BNA: Life Sciences Law & Industry Report (April 4, 2014)
• "A Year of Changes for Life Sciences IP," Law360 (Dec. 18, 2013)
• "Myriad: Practice Points and Considerations," Intellectual Property Today (Sept. 24, 2013)
• "Patent Law: Biotechnology Update," American Bar Association (July 15, 2013)
• "Protecting Self-Replicating Biotechnologies in View of Bowman v. Monsanto," Bloomberg BNA: Patent, Trademark & Copyright Journal (June 14, 2013)
• "Myriad Ruling: Some Clarity, Some Uncertainty for Biotech," Law360 (June 14, 2013)

• Panelist, “Advanced Licensing Agreements 2024,” Practising Law Institute (February 27, 2024)
• Panelist, “Women in Financial Services Board Readiness,” (December 2023)
• Panelist, “Advanced Licensing Agreements 2023,” Practising Law Institute (February 28, 2023)
• Panelist, “Advanced Licensing Agreements 2022,” Practising Law Institute (March 1, 2022) 
• Panelist, “Strategies to Mitigate NPE Risk,” Black In-House Counsel Network (April 27, 2021)
• Panelist, “Advanced Licensing Agreements 2021,” Practising Law Institute (March 2, 2021) 
• Panelist, “Perspectives on Diversity: Views on Trial Teams From the Bench, the Boardroom, and the Jury Box,” American Intellectual Property Law Association, (October 27, 2020) 
• Panelist, “Enforcement of Trade Secrets: The Practical Realities,” AIPPI World Congress (October 2020) 
• Panelist, “Advanced Licensing Agreements 2020,” Practising Law Institute (March 3, 2020) 
• Panelist, “Keeping Good Brands From Going Bad: Recent Developments in Brand Protection,” National Bar Association's Convention & Exhibits Conference (July-August 2018) 
• Speaker, “Digital Transformation: Powered by the Cloud Location,” National Bar Association Commercial Law Section's Corporate Counsel Conference (February 2018)