Stephen M. Hash

Partner

Steve Hash Photo

Austin

P: +1.512.322.2587 F: +1.512.322.3687

Patent Litigation

  • (D.NJ) — As lead counsel, tried Hatch-Waxman case in which a pharmaceutical company defended its patents relating to a treatment for pain
  • (E.D. Tex.); (Fed. Cir.) — Served as lead counsel in Hatch-Waxman litigations in which a pharmaceutical company defended its patents covering a migraine therapy in the first Paragraph IV litigations tried in the Eastern District of Texas; affirmances of judgment were granted in two separate appeals
  • (D.NJ) (D.Mass.) (D. Del.) (N.D. Tex.) — Served as lead counsel in Hatch-Waxman litigations relating to numerous pharmaceutical products including those for the treatment of pain, epilepsy, bipolar disorder, acne, Alzheimer's, ADHD, end stage renal disease and cancer
  • (E.D. Tex.) — Represented a food products manufacturer in a patent litigation and attendant inter partes reexamination that included an appeal to and argument before the PTAB; the PTAB reversed the examiner and entered a new rejection of all pending claims
  • (D. Me.) — Served as lead trial counsel for a dry groceries manufacturer in a patent infringement case involving plant sterols; sought transfer of the case from its originally filed jurisdiction to the defendant's home forum, and meanwhile, filed an ex parte reexamination request with the USPTO; the Court in the transferee forum then stayed the case pending reexamination, resulting in the cancellation of all of the asserted patent's claims
  • (D. MN) — Represented a consumer products company in a litigation relating to dental materials
  • (D. MN) — Represented a consumer products company in a litigation relating to an automotive after-market product
  • (D. D.C.) — Represented a plant biotechnology company in patent litigations relating to genetically modified plants
  • (E.D. Tex.) — Represented a biotechnology company in a multipatent infringement litigation filed in the Eastern District of Texas, relating to the use of labeled oligonucleotide primers in PCR
  • (E.D. Wis.) — Represented a Swedish medical device company in litigations relating to medical imaging and patient data management
  • (E.D. Tex.) — Represented a grocery retailer in a design patent and trade dress case relating to a children's product
  • (E.D. Tex.); (Fir. Cir.) — Represented a media company in a patent infringement case related to photographic images and information displayed on the floor—which is a significant source of revenue for the client—favorable ruling on claim construction; subsequently, the plaintiff conceded that it could not prove infringement, and the court entered a final judgment of dismissal
  • (W.D. Wis.) — Represented a Danish bio-based company in a patent infringement case relating to genetically-engineered enzymes used to make fuel ethanol; the patent was held invalid for lack of written description at the trial court level and affirmed on appeal

International Trade Commission Litigation

  • (ITC) — Representing a DNA sequencing company in patent investigation before the ITC, securing an MSD of noninfringement
  • (ITC) — Represented a DNA sequencing company in patent investigation before the ITC relating to nanopore sequencing technology, resulting in a favorable settlement for the client
  • (ITC) — Represented a large retail grocery in patent investigation before the ITC relating to multiple mode (solid and gas fueled) outdoor grills, resulting in a favorable settlement for the client

Patent Post-Grant Proceedings

  • Represented a pharmaceutical company in 8 IPR proceedings related to challenges to patents covering pharmaceutical products, successfully avoiding institution in 6 of the cases, and prevailing at trial on the other 2
  • Represented a research tools company in four inter partes reexaminations related to high-throughput sequencing that resulted in rejections of all challenged patent claims through Actions Closing Prosecution in less than 12 months from filing of initial requests

Arbitration

  • Represented a global manufacturer and marketer of differentiated chemicals in an arbitration involving patents directed to photocurable resins for use in stereolithography; resulting in a favorable settlement for the client