Michael J. Flibbert

Partner

Mike Flibbert leads the firm's chemical and metallurgical practice group. He has extensive experience in all aspects of patent law, focusing on district court litigation and appeals. After serving as a law clerk to the Honorable Alan D. Lourie at the U.S. Court of Appeals for the Federal Circuit, he has devoted the last 15 years to litigating patent cases. Mr. Flibbert has successfully represented clients in patent disputes before federal district courts and the Federal Circuit involving a broad range of technologies, including pharmaceuticals, biotechnology, chemistry, agriculture, and material science. He has particular experience in representing pharmaceutical patent holders in litigations arising under the Hatch-Waxman Act.

In addition, Mr. Flibbert regularly counsels clients on issues such as Federal Circuit appeals, patent infringement, validity, enforceability, and remedies. He also has experience in U.S. International Trade Commission (ITC) actions, U.S. Patent and Trademark Office practice, antitrust law, licensing, and alternative dispute resolution.

Mr. Flibbert lectures frequently in the United States and abroad on patent law topics, including the recently enacted U.S. patent reform legislation. In the 2007 edition of The Legal 500, the publication reported that clients rate him as "an excellent lawyer, who is praised for thoroughness, careful preparation and clarity of communication."

Highlights

• Neste Oil Oyj v. Dynamic Fuels LLC (D. Del.). Serves as Neste Oil's lead counsel in patent infringement action relating to biofuels.
• Pronova Biopharma Norge AS v. Teva Pharmaceuticals USA, Inc. (D. Del.).  Represented Pronova in Hatch-Waxman litigation relating to drug Lovaza^®, resulting in judgment of patent infringement, validity, and enforceability in Pronova’s favor.
• Otsuka Pharmaceutical Co., Ltd. v. Sandoz, Inc. (D.N.J.; aff'd, Fed. Cir.). Represented Otsuka in Hatch-Waxman litigation relating to antipsychotic drug Abilify^® (aripiprazole), resulting in judgment of patent infringement, validity, and enforceability in Otsuka's favor.
• Monsanto Co. v. Syngenta Crop Protection, Inc. (E.D. Mo.). Obtained dismissal of declaratory judgment action filed against Syngenta on herbicide combination patent.
• Elan Corp., PLC v. Andrx Pharmaceuticals, Inc. (S.D. Fla.). Won judgment of willful patent infringement, validity, enforceability, and award of attorney fees in favor of Elan in Hatch-Waxman litigation relating to naproxen sodium controlled-release formulation.
• Monsanto Co. v. Syngenta Seeds, Inc. (D. Del.; aff'd, Fed. Cir.). Represented Syngenta in patent litigation involving glyphosate-resistant transgenic corn, leading to summary judgment of non-infringement and patent invalidity in Syngenta’s favor.
• Andrx Pharmaceuticals, Inc. v. Elan Corp. (Eleventh Cir.). Argued an appeal involving antitrust issues.
• Elan Corp. v. Andrx Pharmaceuticals, Inc. (Fed. Cir.). Represented Elan in Federal Circuit appeal obtaining reversal of judgment of patent invalidity.
• Zeneca Ltd. v. Pharmachemie B.V. (D. Mass.). Represented Zeneca in Hatch-Waxman litigation relating to breast cancer drug Nolvadex^® (tamoxifen citrate), resulting in judgment of patent infringement, validity, and enforceability in Zeneca's favor.
• San Huan New Materials High Tech, Inc. v. International Trade Commission (Fed. Cir.). Represented YBM Magnex before the ITC and Federal Circuit in successful enforcement of patent covering permanent magnet alloy.
• In pro bono work, represented Ethiopian citizen in trial before the Arlington Immigration Court, leading to grant of political asylum for the client.
• Faculty member for the 2010 Advanced Patent Law Institute.

Professional Recognition

• Order of the Coif

Professional Activities

• American Bar Association
• District of Columbia Bar Association
• Federal Circuit Bar Association
• American Intellectual Property Law Association

Select Publications

• Coauthor. "Appellate Review of the AIA's New Patent-Challenge Proceedings," Financier Worldwide, March 2013.
• Coauthor. "America Invents Act Final Rule: Supplemental Examination," Finnegan IP Update, Aug. 16, 2012.
• Coauthor. "Three Questions to Ask About Your Life Sciences Patents," Pharmaceutical Executive, Aug. 1, 2012.
• Coauthor. "Beware the Ides of March - What Every Life Sciences Executive Needs to Know Now About U.S. Patent Reform," American Pharmaceutical Review, June 24, 2012.
• Coauthor. "Patent Reform Series: A Practical Guide to Supplemental Examination," Managing Intellectual Property, June 14, 2012.
• Coauthor. "Federal Circuit Rules on Joint Invention of Chemical Compounds" Intellectual Property Magazine, April 2012.
• Coauthor. "Does the AIA Require Public Availability for 'On Sale' Prior Art?" Bloomberg Law Reports, March 19, 2012.
• Coauthor. "Will Patent Reform Significantly Increase the Federal Circuit's Caseload?" BNA's Patent, Trademark & Copyright Journal, Jan. 6, 2012.