Charles E. Lipsey
Charles Lipsey focuses his practice on intellectual property litigation, particularly patent infringement litigation. He has handled cases covering a diverse spectrum of mechanical, chemical, and electrical technologies, with an emphasis on cases involving biotechnology and pharmaceutical chemistry. Since joining Finnegan in 1978, Mr. Lipsey has amassed a wealth of experience in patent infringement litigation, patent arbitration proceedings, and patent interferences.
- Novozymes A/S v. DuPont Nutrition Biosciences (Fed. Cir.). Lead appellate counsel for DuPont in connection with alleged infringement of modified-enzyme patent. JMOL in favor of DuPont sustained on appeal.
- Cephalon Inc. v. Mylan Pharmaceuticals Inc. (D. Del.). Lead trial counsel for Cephalon seeking to prevent generic competition with respect to narcolepsy drug Armodafinil. Trial court judgment for patent owner.
- Alzheimer's Institute of America, Inc. v. Avid Radiopharmaceuticals (E.D. Pa.). Lead trial counsel for Avid in suit brought by patent owner of technology used in searching for drugs to treat Alzheimer's Disease (AD). Jury verdict for Avid on issue of inventorship and patent ownership in April 2012. The trial disposed of a series of suits by AIA against numerous companies engaged in AD research.
- Eli Lilly and Co. v. Actavis Elizabeth LLC (D.N.J., Fed. Cir.). Lead trial and appellate counsel for Lilly in suit to prevent generic competition for the ADHD drug Strattera®. Adverse judgment on issue of validity stayed pending appeal and ultimately reversed by the Federal Circuit.
- Eli Lilly and Co. v. Wockhardt Ltd. (S.D. Ind.). Lead counsel for Lilly in action to prevent generic competition for antidepressant Cymbalta®. Injunction entered by consent before trial.
- Sun Pharmaceutical Inds. v. Eli Lilly and Co. (E.D. Mich., Fed. Cir.). Lead trial and appellate counsel in action to prevent generic competition for anti-cancer drug Gemzar®. One patent sustained. Second method patent found invalid based on expansion of law of double patenting. Left standing on petition for rehearing by 5-4 vote.
- Eli Lilly and Co, v, Sicor Pharmaceuticals, Inc. (S.D. Ind.). Lead trial counsel for Lilly in suit to prevent generic competition for anti-cancer drug Gemzar®. One patent sustained at trial, recovery on second patent barred by Sun decision.
- AstraZeneca Pharmaceuticals LP v. Mylan Pharmaceuticals Inc. (D. Del., Fed. Cir.). Lead trial and appellate counsel for AstraZeneca in action to prevent generic competition with respect to cholesterol lowering drug Crestor®. Judgment for patent owner on all issues.
- Ariad v. Eli Lilly and Co. (D. Mass., Fed. Cir.). Lead trial counsel (on equitable defenses) and appellate counsel for Lilly, sued for infringing patent on NF-ĸB inhibition. Federal Circuit issued landmark en banc opinion on the written description requirement and reversed adverse trial court judgment.
- Eli Lilly and Co. v. Teva Pharmaceuticals USA, Inc. (S.D. Ind., Fed. Cir.). Lead trial and appellate counsel for Lilly in action to prevent generic competition with respect to osteoporosis drug Evista®. Two of three patent families in suit found valid and infringed.
- Astellas v. Sicor Inc. (D. Del). Lead trial counsel for Astellas in action to prevent generic competition in pharmacological heart stress agent Adenoscan®. Tried Feb. 2007 and settled favorably to patent holder after trial.
- Eli Lilly and Co. v. Zenith Goldline Pharmaceuticals, Inc. (S.D. Ind., Fed. Cir.). Lead trial and appellate counsel for Lilly in action to prevent generic competition with respect to antipsychotic drug Zyprexa®. Judgment for patentee on all issues affirmed on appeal.
- Loral Fairchild Corp. v. Sony Corp. (E.D.N.Y., Fed. Cir.). Lead trial counsel (on equitable defenses) and appellate counsel for Sony in action for infringement of patent covering camcorder imaging devices. Adverse jury verdict overturned on post-trial motion for judgment as a matter of law, sustained on appeal.
- Regents of the University of California v. Eli Lilly and Co. (Fed. Cir.). Lead appellate counsel for Lilly defending allegation of infringement in manufacture of recombinant human insulin. Judgment for Lilly affirmed.
- Bonito Boats Inc. v. Thundercraft Boats, Inc. (S. Ct.). Invited by the Court to brief and argue in support of lower court's judgment (in Thundercraft's favor). Case related to the constitutionality of state anti-direct-molding statutes. Thundercraft prevailed by unanimous court.
- Fellow, American College of Trial Lawyers.
- Recognized by Chambers USA as a leader in the field of intellectual property law, 2003-2013; and life sciences, 2009-2013.
- Listed in LMG Life Sciences as IP: Life Sciences Star, 2012-2013.
- Recognized as "Hatch-Waxman (Branded) Litigator of the Year," LMG Life Sciences Awards, 2013.
- Recognized by Managing Intellectual Property as an "Outstanding IP Litigator—Virginia," 2013.
- Recognized as an "IP Star" by Managing Intellectual Property, 2013.
- Recognized by Intellectual Asset Management as a leading patent litigator in the D.C. area, 2011-2012; and before the Federal Circuit, 2011-2013.
- Featured in Managing Intellectual Property as one of the top ten U.S. life sciences patent litigators, June 2012.
- Recognized by The Legal 500 U.S. as one of the leading lawyers in patent litigation, 2011-2012.
- Included in The Best Lawyers in America, 2005-2014.
- Listed in Washingtonian Magazine as a "top IP lawyer," 2013-2014.
- The District of Columbia Bar
- Virginia State Bar
- American Bar Association
- American Intellectual Property Law Association
Coauthor. "Useful in the United States, But Not in Canada: Divergent Applications of the Statutory Utility Requirements," Bloomberg Law Reports, Oct. 3, 2011.
Coauthor. "Which Way to Go?" IP Law & Business, July 2008.
Coauthor. "Patent Law Perspectives," Matthew Bender, 1982-1988.