|
|
Michael V. O'Shaughnessy
Partner
Michael O’Shaughnessy focuses on patent litigation and appeals. He has handled numerous litigation and appellate matters in a variety of technologies, including the pharmaceutical, biotechnology, medical, chemical, and automotive fields.
Mr. O’Shaughnessy has broad experience in all aspects of patent litigation, including conducting pre-litigation investigation and evaluation, drafting claim-construction and summary-judgment motions, examining and cross-examining fact and expert witnesses, and managing day-to-day litigation activities. He has handled cases before juries, judges, and arbitrators.
Beyond his litigation practice, Mr. O’Shaughnessy advises clients on a wide variety of patent matters, including licensing, due diligence, and mergers and acquisitions. He has also drafted opinions of counsel and has assisted clients in settling disputes.
Mr. O’Shaughnessy also dedicates a portion of his time to pro bono matters. He has represented pro bono defendants in numerous proceedings before federal district and appellate courts and in licensing negotiations and settlement discussions.
In addition, Mr. O’Shaughnessy teaches a course on licensing of intellectual property at the George Washington University Law School and lectures on similar subject matter to practicing patent attorneys and business professionals as a faculty member for the Patent Resources Group. He is also a frequent lecturer at meetings of the Licensing Executives Society. He also serves as an associate editor of the firm’s monthly newsletter, Last Month at the Federal Circuit.
Highlights
- Represented Elan Pharmaceuticals in Hatch-Waxman litigation, successfully leveraging a ruling that Elan’s patent was valid and willfully infringed to procure favorable settlement terms for Elan.
- Represented Guidant Corp. and Cardiac Pacemakers, Inc. (now Boston Scientific) in litigations relating to implantable cardioverter defibrillators and pacemakers, including a successful appeal before the U.S. Court of Appeals for the Federal Circuit. Successfully opposed a petition for a writ of certiorari before the U.S. Supreme Court.
- Represented Guidant Corp. and Advanced Cardiovascular Systems (now Abbott Labs) in several litigations involving coronary stents, including a jury trial that resulted in a favorable jury verdict of infringement for Guidant.
- Represented Wyeth in Hatch-Waxman litigation in D. Delaware, which resulted in favorable settlement terms for Wyeth.
- Authored appellate briefs and twice presented oral argument before the U.S. Court of Appeals for the D.C. Circuit.
- Researched and analyzed the patent laws of various countries for the U.S. Patent and Trademark Office in the Office of Legislative and International Affairs.
- While in law school, served as an editor of the Georgetown Law Journal, 1999-2001.
- Undergraduate studies focused on microbial genetics and pathogenic microbiology including independent research in the field of genetically enhanced bioremediation.
Professional Recognition
- 2009 recipient of the Burton Award for Legal Achievement, a national award for legal writing.
- Recipient of the Georgetown Law Journal Meritorious Service Award.
Professional Activities
- D.C. Bar Association (vice-chair, Trade Secrets, Intellectual Property Standing Committee)
- Federal Circuit Bar Association
- Licensing Executive Society (Americas Committee)
- Virginia Bar Association
- American Intellectual Property Lawyers Association (Moot Court Subcommittee)
- American Bar Association (Sections on Intellectual Property and Litigation)
- American Society for Microbiology
Select Publications
-
Coauthor. "ANDA Litigation: Strategies and Tactics for Pharmaceutical Patent Litigators," American Bar Association Section of Intellectual Property Law, May 30, 2012.
-
-
-
"Twenty-Ninth Annual Review of Criminal Procedure: Appellate Review of Sentences," Georgetown Law Journal, May 2000.
|
|