Robert C. Stanley

Partner

Robert Stanley practices both patent and trademark law with a focus on pharmaceutical Abbreviated New Drug Application (ANDA) litigation. He has particular experience in pre-litigation analysis, electronic discovery, managing fact discovery, reports and depositions in expert discovery, summary judgment, and post-trial briefing. Other cases include non-ANDA pharmaceutical and electrical district court litigations and appeals to the U.S. Court of Appeals for the Federal Circuit.

In addition to his litigation work, Mr. Stanley has extensive experience with patent prosecution in the cosmetic, paper, and mineral industries with an emphasis on reissue, reexamination, and appeals before the Board of Patent Appeals and Interferences of the U.S. Patent and Trademark Office (USPTO). He was involved in several cases in which the patents-at-issue were subject to co-pending reexamination (both ex parte and inter partes) or reissue proceedings. Mr. Stanley's non-litigation practice also includes opinion work involving landscape studies, invalidity opinions, non-infringement opinions, and freedom-to-operate analyses. He is active in trademark, and design patent prosecution and enforcement actions.

Mr. Stanley is a frequent speaker and author. He presented on procedures for the correction of patents at a National Meeting of the American Chemical Society, and lectured on trademark post-trial matters at an American Bar Association (ABA) meeting. He also traveled to Baku, Azerbaijan to lead an intensive two-day seminar through the ABA's Central European and Eurasian Law Initiative (CEELI) on all facets of intellectual property for Azeri judges and their clerks.

Highlights

• Pronova BioPharma Norge AS v. Teva Pharmaceuticals USA, Inc. (D.Del.). Represented Pronova against several generic companies in Paragraph IV litigations pertaining to Lovaza^® (omega-3 acid ethyl esters), used to lower very high triglycerides. The representation included a seven-day trial, and extensive fact discovery both in the United States and through the Hague Convention.
• In re Armodafinil Patent Litigation (D.Del.). Represented Cephalon against several generic companies in Paragraph IV litigations pertaining to Nuvigil^® (armodafinil), a prescription medicine used to improve wakefulness.
• Represented Wyeth in several Paragraph IV ANDA litigations involving Effexor XR^® (extended release venlafaxine hydrochloride), a treatment for depression and anxiety disorders.
• Ariad Pharmaceuticals, Inc. v. Amgen & Wyeth (D. Del.). In a non-ANDA pharmaceutical patent litigation involving Wyeth and Amgen's blockbuster drug Enbrel^®, coordinated fact discovery, including the collection, electronic review, and production of more than 1,000,000 pages of documents, as well as taking and defending executive-level fact and Fed. R. Civ. P. 30(b)(6) witnesses in deposition.
• Managed several large patent application portfolios in the polymer, paper, and mineral areas, as well as assisting with the prosecution of applications in the mechanical and electrical fields.
• Filed an infringement action in Florida against the unauthorized use of a client's name and trademark, which resulted in a quick settlement and favorable terms regarding use of the name.
• Drafted and filed a petition for writ of certiorari to the U.S. Supreme Court.
• Served as an intern for the White House Office of Science and Technology Policy, 1998.
• Conducted research into the DNA interaction activity of anti-cancer drugs using computational chemistry, 1997.

Professional Activities

• American Intellectual Property Law Association
• American Bar Association
• State Bar of Georgia (Section on Intellectual Property)

Select Publications

• Coauthor. "New Patentee Burdens Under the Patent Reform Act of 2007," ABA Intellectual Property Litigation Newsletter, Fall 2007.
• Coauthor. "Density Functional and Ab Initio Studies on N-acetyl-Duocarmycin SA: Insight into its DNA Interaction Properties," Bioorganic and Medicinal Chemistry, 1998.