(Washington, DC)—Dickstein Shapiro LLP is pleased to announce that U.S. District Court in the Northern District of California granted judgment in favor of firm client, Elan Pharmaceuticals Inc., and dismissed the Alzheimer’s Institute of America’s (AIA) patent infringement suit for lack of standing where the jury in a parallel action made a determination regarding inventorship and ownership.

In December 2011, the California proceeding was stayed pending a jury trial on standing regarding the patents-in-suit in the U.S. District Court for the Eastern District of Pennsylvania. In April 2012, the Pennsylvania jury returned a verdict against AIA’s interests. Nonetheless, AIA opposed dismissal of the California case until it had exhausted its appeal to the U.S. Court of Appeals for the Federal Circuit.

Last week, Dickstein attorneys argued Elan’s motion to dismiss and for entry of summary judgment based on lack of standing. The Court ruled in Elan’s favor, dismissing the case with prejudice and entering judgment against AIA.

“We are pleased that we were able to help Elan put this matter behind it and focus on more important business, namely, developing therapies to treat or cure neurological diseases,” said Dickstein Shapiro Partner Deborah Fishman, who served as lead counsel.

In addition to Deborah Fishman, the Dickstein Shapiro legal team included attorneys Assad Rajani, Katie Scott, Jessica Hubley, and partner, Chuck Ossola.

Elan Corporation, plc is a neuroscience focused biotechnology company committed to making a difference in the lives of patients and their families by dedicating itself to bringing innovations in science to fill significant unmet medical needs that continue to exist around the world.

Dickstein Shapiro’s nationally recognized Intellectual Property Practice has more than 90 dedicated IP professionals who work with clients to develop strategies that capitalize on their intellectual property assets and achieve their business objectives. The firm is ranked by U.S. News/Best Lawyers, The National Journal’s 2011 Plaintiff’s Hotlist, Benchmark Plaintiff and Benchmark Litigation, Chambers USA, Managing Intellectual Property, and Intellectual Property Today as a top firm for intellectual property work. Dickstein Shapiro has the experience, skill, and knowledge to successfully solve intellectual property problems for clients striving to succeed in this ever-changing, highly competitive arena. The firm continues to significantly expand its Intellectual Property Practice with a focus on California, which now comprises approximately 25 IP attorneys, and expects that the group’s bench there will continue to grow throughout the coming year. The firm’s Intellectual Property Practice has 12 first-chair jury trial attorneys, and its attorneys have litigated more than 900 patent infringement actions.

Dickstein Shapiro LLP
Dickstein Shapiro LLP, founded in 1953, is internationally recognized for its work with clients, from start-ups to Fortune 500 corporations. Dickstein Shapiro provides strategic counsel and develops multidisciplinary legal solutions by leveraging its core strengths—litigation, regulatory, transactions, and advocacy—to successfully advance clients’ business interests. The firm has offices in Los Angeles, New York, Orange County, Silicon Valley, Stamford, and Washington DC.

‘

 

Related Professional(s): Deborah E. Fishman, Assad H. Rajani, Katie J.L. Scott
Related Practice(s): Intellectual Property