Intellectual Property Report: May 2018
Michael V. O'Shaughnessy is the Co-Chair of Baker Botts’ Life Sciences IP Litigation Group. He has served as first-chair trial counsel, and focuses on litigation in the U.S. district courts and the International Trade Commission, as well as appeals before the United States Court of Appeals for the Federal Circuit. Michael has handled matters for innovator companies relating to a wide range of life sciences technologies, including antibodies, vaccines, pharmaceuticals, chemicals, nutrition, and medical devices. He is experienced in litigation under the Hatch-Waxman Act (ANDA) as well as the Biologics Price Competition and Innovation Act (BPCIA).
In addition to patent litigation, Michael also has extensive experience helping clients monetize or acquire patent portfolios by negotiating and drafting licensing agreements and patent purchase agreements. He has helped clients with all aspects of patent monetization or acquisition, including due diligence, strategy development, negotiation, drafting, and execution of agreements. Michael has taught courses on these practices at both George Washington University Law School and George Mason University Law School.
Michael is also heavily involved in the community. He currently serves as the Chairman of the Board of Directors for the After-School All-Stars, which provides educational enrichment opportunities for economically-disadvantaged middle school students in the Washington, DC area. He also serves on the Board of Directors for Potomac Valley Swimming as the Safe Sport Chair, with responsibilities for promoting equality and protection of swimmers in one of the most highly-regarded swim leagues in the Unites States.
- Advised Novartis Vaccines & Diagnostics in license negotiations and patent enforcement actions
- Represented Amgen in patent infringement and validity action relating to PCSK9 inhibitors
- Represented Unified Patents in Inter Partes Review proceedings before the Patent Trial and Appeals Board
- Represented Kemin Industries in a patent infringement dispute relating to occular antiopxidants at the International Trade Commission
- Represented Boston Scientific in litigations relating to implantable cardioverter defibrillators and pacemakers, including an appeal before the U.S. Court of Appeals for the Federal Circuit; opposed a petition for a writ of certiorari before the U.S. Supreme Court
- Advised Philips Corp. in a license deal valued at $100 million relating to surgical instruments
- Represented Guidant Corp. and Advanced Cardiovascular Systems in several litigations involving coronary stents, including a jury trial; received a favorable jury verdict of infringement for Guidant
- Represented Wyeth in Hatch-Waxman litigation in the U.S. District Court for the District of Delaware, granted favorable settlement terms for Wyeth
- Authored appellate briefs and twice presented oral argument before the U.S. Court of Appeals for the District of Columbia Circuit
Awards & Community
Recipient of the Burton Award for Legal Achievement, 2009
Publications, Speeches & Presentations
On April 23-24, join partners Stephen Hash and Michael O'Shaughnessy for ACI's 12th Annual Paragraph IV Disputes Conference in New York, NY.