Experience
Management of U.S. and Foreign Patent Families for Major Medical Device Companies
Managed multiple U.S. and foreign patent families and provided strategic counsel for medical device companies involving technologies related to fluorescent imaging, vascular occlusion, neuromodulation, and renal and cardiovascular devices.
Counsel to LAVA Therapeutics in Multimillion-Dollar Global License Agreement
Served as IP counsel to client LAVA Therapeutics, a clinical-stage immuno-oncology company, in a multimillion-dollar global license agreement with Seagen, Inc., a world leader and pioneer in antibody-drug conjugate (ADC) therapies. The exclusive license agreement will enable Seagen to develop, manufacture and commercialize LAVA-1223, an advanced preclinical asset that utilizes LAVA’s proprietary Gammabody™ technology to target epidermal growth factor receptor (EGFR)-expressing solid tumors, most commonly associated with colorectal, lung, head and neck cancer.
Obtained Consent Injunction for Health Care Organization in Trade Secret Case
Obtained consent injunction against former executives of a large health care organization and competitor in the U.S. District Court for the Southern District of Ohio, enforcing noncompetition and nonsolicitation provisions and requiring return and destruction of documents.
Dismissal for Physician in Personal Injury Case
Won an order dismissing a physician for lack of personal jurisdiction in U.S. District Court for the Southern District of Illinois in an action for injuries related to cosmetic laser surgery.
Acquisitions in Health Care Field for Private Equity Fund
Represented a private equity fund in nine acquisitions of health care accounts receivables management and Medicaid eligibility companies with locations nationwide. These acquisitions involved related credit facility negotiations. As a result of these acquisitions, the private equity fund was able to achieve its roll-up strategy in the industry.
$32 Million Merger Acquisition of Health Care Tech and Services Provider
Represented health care company in $32 million merger acquisition of health care technology and services provider, following the client’s prior convertible debt investment in the target company.
Successfully Resolved a Case Involving Serious Neurological Injuries
Assisted in successfully resolving a case involving serious neurological injuries related to a stroke.
IP Due Diligence in $3.4 Billion Acquisition of Medical Device Manufacturer
Led IP due diligence for a major medical device company, including in-depth research and analysis of both the target company and its competitors, resulting in our client’s decision to move ahead with its $3.4 billion acquisition of a medical device manufacturer.
Defense Verdict in Case Involving Loss of Eyesight
Served as co-counsel in a case involving loss of eyesight, resulting in a defense verdict.
Summary Judgment in Qui Tam Action Alleging Medicare Fraud
Obtained summary judgment on behalf of health care client in a qui tam action under the False Claims Act. In this case, the whistle blower sought over $1 billion, based on all claims submitted. The judgment, regarding allegation of Medicare fraud, was successfully defended on appeal.
Defense Verdict in Heavy Metal Poisoning Case
Found, retained and prepared an expert witness for trial, who addressed heavy metal poisoning in a neonate, resulting in a defense verdict.
Defense Verdict in Case Involving Rare Neurological Disorder
Found and retained an expert witness after extensive research to address a rare neurological disorder, resulting in a defense verdict.
Portfolio Management, Strategic Direction for Multiple Consumer Products, Health Care Companies
Managed global patent portfolios for and provided strategic counsel to multimillion-dollar consumer products and health care companies in the U.S. and abroad, including preparation and prosecution, opinion work, Inter Partes Review work and litigation.
Managed Construction Defects Dispute for Assisted Living Center
Represented a large general contractor in a dispute with the owner and multiple levels of subcontractors concerning subcontractor construction defects in an assisted living center in Georgia.
Licensing and Manufacturing Agreements for Animal Health Company
Advised a company developing animal vaccines in connection with obtaining a license for technology to be used in the manufacture of its products and negotiating manufacturing and research agreements.
Contract Negotiations for Multimillion-Dollar Hospital Development
Represented a large general contractor in the preparation and negotiation of AIA contract documents for a multimillion-dollar hospital development in Illinois.
Patent Portfolio Strategy for University Covering Science, Engineering and Medical Fields
Developed and executed patent filing strategy and managed diverse patent portfolio for a large university client. Technologies span various subject areas including science, engineering and medical fields.
Summary Judgment for Health Care Client in Federal Trademark Infringement Suit
Secured summary judgment on behalf of the defendant, one of the largest non-profit hospital systems in the country, in a trademark infringement suit in federal court. The successful defense ensured the continued use of a naming convention impacting more than 25 health care delivery locations across the Midwest.
Issuer Counsel to Health Care/Fintech Emerging Company
Negotiated multimillion-dollar Series Seed funding round for Missouri company with health care and financial technology product. Investors included leading venture capital firms from Chicago and St. Louis.
Developer Representation in Hospital Site Purchase
Represented the developer in the sale of a site to a Missouri health care system for the construction of a hospital.
Favorable Settlement in Multimillion-Dollar Wrongful Death Claim
Obtained a favorable settlement in Jackson County, Missouri, in a wrongful death case seeking punitive damages involving allegations of failure to timely treat bowel perforation.
Secured Motion to Dismiss in Illinois Consumer Fraud and Deceptive Business Practices Act Case
Secured motion to dismiss with prejudice in Cook County Chancery Court for the client, a pharmaceutical company, in an action brought by the Illinois Attorney General against various manufacturers and distributors. The plaintiff alleged that the defendants had created a public nuisance and violated the Illinois Consumer Fraud and Deceptive Business Practices Act, and that the distributors had failed to properly examine and report suspicious orders of opioid medications.
Private Placement of Securities for Immunotherapy Company
Advised a pharmaceuticals company in connection with a private placement of securities to finance its research and development of several pharmaceuticals and technologies, including immunotherapies for treating cancer.
Advised on Paragraph (iv) Certification Strategy Related to Development of Generic Pharmaceuticals
Advised in-house counsel on paragraph (iv) certification strategy and provided related opinion work, including noninfringement and invalidity analyses of competitor patents in support of Hatch-Waxman litigation. Further advised on design-around and re-formulation strategies.
Representation of Medical Association in Bylaws Enforcement, Right-to-Payment Case
Represented a professional medical association in an action to enforce its bylaws and right to payment from a group of doctors.
Summary Judgment Affirmed for Health Care Client in IVF Services Dispute
Represented a regional hospital system in a medical malpractice dispute arising from in vitro fertilization services provided to a then-husband and wife. When it was revealed the wife had substituted the husband’s semen sample for that of another man, the husband and the surrogate who carried the baby filed suit in St. Louis County Circuit Court. The Missouri Court of Appeals for the Eastern District affirmed an order granting summary judgment in favor of the defendants.
Dismissal in Multimillion-Dollar Qui Tam Case
Represented a health care client in a qui tam action involving alleged violations of the Anti-Kickback Statute, False Claims Act and equivalent state-level laws. The U.S. District Court for the District of New Jersey dismissed the complaint with prejudice.
Series B Offering for Health Care Company
Assisted health care company in its Series B offering, raising more than $20 million.
Series D Offering for Health Care Company
Assisted health care company in its Series D offering, raising more than $50 million.
Conducted Privacy Assessment and Advanced Compliance Efforts for Animal Health and Nutrition Clients
Advised multiple clients in the animal health and nutrition space in developing and updating privacy programs to address compliance with the ever-changing regulatory landscape – from state-specific to international cross-border requirements. Conducted reviews and assessments, and drafted and implemented policies and procedures tailored to industry-specific and client needs.
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