Partner
Derek works on cases in a wide range of industries, including pharmaceutical and Abbreviated New Drug Application (ANDA) litigations, design patents, mobile technology, computer graphics, imaging technology, medical devices, audio conferencing equipment, and outdoor industry products. He has handled many aspects of litigation, including strategy development, pleadings, fact and expert discovery, depositions, motions practice, hearings, summary judgment briefing, and appeal work through en banc and Supreme Court petitions.
Derek also advises clients on a variety of patent and trademark matters, including licensing and providing written opinions regarding infringement and validity. He has experience helping numerous startups navigate intellectual property issues and grow their business.
Derek twice served at the U.S. Court of Appeals for the Federal Circuit. He was a judicial law clerk to the Honorable Jimmie V. Reyna and an intern to the Honorable Randall R. Rader. Managing Intellectual Property (MIP) magazine has recognized Derek as both a Rising Star and an IP Star.
Intellectual Ventures II LLC v. FedEx Corp.
2:16-cv-00980, E.D. Tex., Judge Gilstrap
Eli Lilly and Company v. Teva Pharmaceuticals USA, Inc.
Successfully represented Eli Lilly in district court and Federal Circuit in action to prevent generic competition with respect to osteoporosis drug Evista®. Two of three patent families in suit found valid and infringed.
1:06-cv-01017, S.D. Ind., Judges Barker, Magnus-Stinson
09-1071; 10-1005, -1033, Fed. Cir., Judges Linn, Michel, Prost, Rader
Eli Lilly and Company v. Actavis Elizabeth LLC
Represented Eli Lilly in district court and Federal Circuit in ANDA case on patent covering Strattera®, a treatment for ADHD. Prevailed on appeal at the Federal Circuit and patent held to be not invalid and infringed.
10-1500, -1520, -1521, -1522, -1523, -1524, Fed. Cir., Judges Lourie, Newman
2:07-cv-03770, D.N.J., Judges Cavanaugh, Dickson, Falk
Ronald A. Katz Technology Licensing, L.P. v. FedEx Corp.
Represented FedEx in litigation in complex multi-district patent litigation regarding interactive call processing systems.
2:06-cv-00334, E.D. Tex., Judges Folsom, Gilstrap
2:07-CV-02196, C.D. Cal., Judges Klausner, Mumm, Quinn
2:07-ml-01816, C.D. Cal., Judges Klausner, Mumm
CBM2015-00053, PTAB, Judges Busch, Cocks, Wormmeester
Ex Parte Reexamination No. 90/013,586, USPTO, Judge Ralis
2:15-cv-02329, W.D. Tenn., Judges McCalla, Pham
09-1450, -1451, -1452, -1468, -1469; 10-1017, Fed. Cir., Judges Bryson, Lourie, Newman
Ethicon Endo-Surgery, Inc. v. Covidien LP
Helped Covidien gain affirmance of PTAB invalidity determination and denial of en banc at the Federal Circuit and certiorari review.
14-1771, Fed. Cir., Judges Dyk, Newman, Taranto
16-366, S. Ct.
Prolitec Inc. v. Scentair Techs., Inc.
15-1020, Fed. Cir., Judges Prost, Newman, Lourie, Dyk, Moore, O'Malley, Reyna, Wallach, Taranto, Chen, Hughes
Articles
The Enforcement of Patent Rights in Government Funded Inventions The Enforcement of Patent Rights in Government Funded Inventions
July/August 2022
IP LitigatorArticles
Injury in Fact: Establishing IPR Petitioner Standing on Appeal Injury in Fact: Establishing IPR Petitioner Standing on Appeal
November/December 2021
IP LitigatorPress Release
Managing Intellectual Property IP Stars: Finnegan Scores Top Patent Rankings Across the Board Managing Intellectual Property IP Stars: Finnegan Scores Top Patent Rankings Across the Board
July 13, 2023
Managing Intellectual PropertyPress Release
38 Finnegan Attorneys Named Managing Intellectual Property IP Stars; Firm Maintains Tier 1 Rankings 38 Finnegan Attorneys Named Managing Intellectual Property IP Stars; Firm Maintains Tier 1 Rankings
July 8, 2021
Managing Intellectual PropertyCommentary
Arthrex: ‘Patents Have Become More Political’ Arthrex: ‘Patents Have Become More Political’
June 22, 2021
World Intellectual Property ReviewPress Release
Managing Intellectual Property Names Five Finnegan Attorneys as 2019 Rising Stars Managing Intellectual Property Names Five Finnegan Attorneys as 2019 Rising Stars
December 16, 2019
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