Concentration

Patent litigation

Summary

Jennifer Cozeolino Tempesta's practice centers on patent litigation, patent prosecution, opinions and client counseling. She represents clients in a number of fields, including pharmaceuticals, chemicals and various advanced technologies.

While attending the Benjamin N. Cardozo School of Law, Ms. Tempesta served as an Alexander Judicial Fellow to the Honorable Randall R. Rader at the United States Court of Appeals for the Federal Circuit.

Representative Engagements

• American Calcar, Inc. v. American Honda Motor Co., Inc. et al. (U.S. District Court for the Southern District of California, U.S. Court of Appeals for the Federal Circuit) – tried patent infringement action on behalf of Plaintiff American Calcar, Inc. involving navigation system related technology; representing American Calcar, Inc. on appeal
• Plasma Physics Corp. et al. v. Chi Mei Optoelectronics Corp. et al. (U.S. District Court for the Eastern District of New York) – tried patent infringement action on behalf of Plaintiffs involving plasma enhanced chemical vapor deposition
• Red Bend Ltd. et al. v. Google Inc. (U.S. District Court for the District of Massachusetts) – representing Plaintiffs in patent infringement action relating to updating computer programs
• Ethypharm, S.A. – representing Ethypharm in ANDA related intellectual property litigations related to methods of delivering pharmaceutical products
• Kara Technology Incorporated v. Stamps.com Inc. (U.S. District Court for the Central District of California, U.S. Court of Appeals for the Federal Circuit) – assisted with representation of company founded by the inventor of PC-based postage in a patent infringement and misappropriation of trade secret suit against Stamps.com related to Internet postage products at the district court and on appeal
• Elan Pharma Int'l Limited v. Abraxis BioScience, Inc. (U.S. District Court for the District of Delaware) – assisted in patent infringement litigation on behalf of Plaintiff Elan Pharma Int'l Limited involving nanotechnology
• Prepared amicus curiae briefs on various issues, including the standard for patent eligibility under 35 U.S.C. 101, to the United States Supreme Court, Court of Appeals for the Federal Circuit and District Court for the Southern District of New York

Publications, Speeches and Presentations

Publications

• "Therasense v. Becton Dickinson — A Heightened Standard For Finding Inequitable Conduct," Baker Botts Intellectual Property Report, June 2011
• "Non-Disclosure Agreements in Patent Litigation," 2011 Intellectual Property Law Spring Seminar, Institute of Continuing Legal Education, March 2011 (Robert C. Scheinfeld, co-author)
• "En Banc Federal Circuit Decision Affirming Existence Of Separate And Distinct Written Description Requirement In 35 U.S.C. § 112", Baker Botts Intellectual Property Report, March 2010
• "Inequitable Conduct in Biotechnology and Pharmaceutical Patent Cases," Developments in Pharmaceutical and Biotech Patent Law 2009, Practising Law Institute, October 2009
•  "The Controversy Over Gene Patenting: Can The United States Patent Office Be Sued For Issuing A Patent That A Member Of The Public Doesn't Like?" Baker Botts Intellectual Property Report, July 2009
• "Gaming of the Generic Drug Approval Process to be Disciplined by the Supreme Court?" Intellectual Property and Technology Law Journal, October 2006.