Robert F. Shaffer

Partner

Rob Shaffer has handled numerous litigation matters in a wide spectrum of technologies, covering pharmaceutical, medical device, biologic, e-commerce, and mechanical fields. Mr. Shaffer focuses on Hatch-Waxman Paragraph IV disputes, where he has represented branded pharmaceutical companies in dozens of actions in numerous jurisdictions throughout the United States.

Mr. Shaffer has broad experience in all aspects of patent litigation, including drafting winning claim construction and summary judgment briefs, examining and cross-examining fact and expert witnesses at trial, and leading
day-to-day litigation activities. He has handled high-tech cases in trials (judge and jury), arbitrations, and before the U.S. International Trade Commission (ITC).

In addition to his litigation practice, Mr. Shaffer advises clients on a wide variety of patent matters, including licensing, patent procurement, and pre-litigation strategies. He has written opinions of counsel and has assisted clients in successfully settling disputes in private mediation and other alternative dispute resolution proceedings without litigation.

Mr. Shaffer has been recognized as a leading adjunct professor at George Mason University School of Law, where he has been course director for Patent Litigation and Dispute Resolution since 2006.

Highlights

• Successfully defended firm clients in false marking actions.
• Represented Abbott Laboratories in arbitration regarding drug-eluting
  stent technology against one of its primary competitors; client won on all issues, including an award of attorney's fees.
• Represented Abbott Vascular in multiple patent litigations relating to its market-leading VISION™ bare-metal stent, and its market-leading XIENCE™ drug-eluting stent.
• CollegeNET, Inc. v. ApplyYourself (D. Or.). Represented ApplyYourself, Inc. accused of patent infringement. Obtained summary judgment of patent invalidity and case settled favorably shortly thereafter.
• Medtronic Vascular, Inc v. Advanced Cardiovascular Sys. (D. Del., Fed. Cir.). Represented Advanced Cardiovascular Systems, Inc. in a major litigation involving coronary stents; drafted winning summary judgment on competitor’s $1 billion trade secret claim (affirmed by the U.S. Court of Appeals for the Federal Circuit) and obtained jury verdict of infringement on all of competitor’s accused stents.
• General Surgical Innovations v. Origin Medsystems (Fed. Cir.). Represented Origin Medsystems in a Federal Circuit appeal involving a patent on a surgical device; the judgment of willful infringement against Origin was vacated by the Federal Circuit.
• Represented an indigent gentleman acquitted of first-degree premeditated murder after a two week jury trial.

Professional Activities

• District of Columbia Bar (Intellectual Property Section, Steering Committee, 2007-2010; and chair, Trade Secrets Section, 2004-2007)
• American Intellectual Property Law Association
• American Bar Association
• Virginia State Bar (Intellectual Property Section)
• Intellectual Property Owners Association
• Federal Circuit Bar Association