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Finnegan
Kenneth S. Guerra
Associate
More
vCard
  • 901 New York Avenue, NW
  • Washington, DC 20001-4413
+1 202 408 4124
kenneth.guerra@finnegan.com kenneth.guerra@finnegan.com

Kenneth S. Guerra

Associate

  • +1 202 408 4124 +1 202 408 4124
  • kenneth.guerra@finnegan.com kenneth.guerra@finnegan.com
  • 901 New York Avenue, NW
  • Washington, DC 20001-4413
  • vCard

Ken Guerra focuses on patent litigation and strategic counseling, primarily representing pharmaceutical and biotechnology innovators before U.S. district courts, the U.S. Court of Appeals for the Federal Circuit, and the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (USPTO). He has particular experience with litigations arising under the Biologics Price Competition and Innovation Act (BPCIA) and litigating Abbreviated New Drug Application (ANDA) cases. Ken also handles matters related to artificial intelligence (AI) technologies in the pharmaceutical industry.  

Ken’s litigation experience covers all aspects of trial and appeal preparation, including conducting discovery and handling day-to-day litigation activities. He is actively involved in all phases of litigation, including pre-litigation analysis, fact discovery, and expert discovery. Cases Ken has worked on have been recognized by legal news media outlets as substantial victories before U.S. district courts and the U.S. Court of Appeals for the Federal Circuit. 

 

Before law school, Ken conducted research at the Indiana University School of Medicine, exploring the biochemical pathways for the progression of emphysema in HIV infected endothelial cells, identifying Endothelial Monocyte Activating Polypeptide II (EMAP II) as a key molecule required for the progression of emphysema. Ken also worked in the Indiana University Department of Chemistry, exploring the physical properties of lipid vesicles stabilized by Janus particles and their uptake in a cellular environment to fabricate smart drug-delivery carriers.

 

Ken has been recognized on the Capital Pro Bono Honor Roll for his work serving honorably discharged veterans before the U.S. Court of Appeals for the Federal Circuit and U.S. Court of Appeals for Veterans Claims. He proudly co-led the Finnegan LGBTQ+ Affinity Group. Ken currently serves as a founding member of the Hispanic National Bar Association’s Special Committee on Artificial Intelligence, while also holding additional leadership positions within the organization as well as within the D.C. Bar communities.

 

Et Cetera

  • Co-lead, Finnegan's LGBTQ+ Affinity Group, 2020-2024. 
  • Participant, American College of Trial Lawyer's Diversity Trial Advocacy Program, 2024.
  • Planning committee member, Finnegan's VISION Summit, 2023-2024.
  • Planning committee member, Finnegan's IP Summit, 2023.
  • President, Indiana University Graduate Student Body, 2018-2019.
  • President, Maurer School of Law Student Bar Association, 2018-2019.
  • Content editor, Indiana University IP Theory Law Journal, 2018-2019.
  • Participant, AIPLA Giles Rich Moot Court, 2019.
  • Participant, Sherman Minton Moot Court, 2017.
  • Minority Corporate Counsel Association Lloyd M. Johnson Scholar, 2016.

Experience

Mitsubishi Tanabe Pharma Corporation v. Shanghai Auzone Biological Technology Co., Ltd et al.

Representing Mitsubishi Tanabe Pharma in litigation matters related to Radicava ORS (edaravone) used to treat patients with amyotrophic lateral sclerosis (ALS).

2:25-cv-03326, D.N.J., Judge Cecchi
1:23-cv-00759, D. Del., Judges Burke, Connolly, Hall
1:24-cv-01423, D. Del., Judge Hall
1:24-cv-00549, D. Del., Judge Hall

Teva Pharmaceuticals International GmbH v. Eli Lilly and Company

Successfully represented Eli Lilly in defensive patent litigation and in offensive inter partes reviews (IPRs) regarding products related to the treatment of migraines.

IPR2022-00738, -00739, -00796, PTAB, Judges Cotta, Wisz, Worth
1:21-cv-10954, D. Mass., Judge Burroughs

BioDelivery Sciences International, Inc. et al. v. Alvogen PB Research & Development LLC et al.

Represented Finnegan client BioDelivery Sciences International (BDSI), prevailing at trial in a case brought against Alvogen PB Research & Development involving BDSI's highly successful Belbuca© buprenorphine buccal film product, with sales of over $100 million per year.

1:18-cv-01395, D. Del., Judge Connolly

Maglula, Ltd. v. Amazon.Com, Inc. et al

Represented Maglula Ltd. in a one-of-a-kind district court litigation including patent, trademark, and copyright claims over Maglula’s assertions that Amazon sold counterfeit consumer products. After the Court issued an order (i) denying Amazon’s motion for summary judgment; (ii) finding “Amazon's attempts to avoid liability … will have minimal impact before a jury”; (iii) reflecting the Court’s belief that "not [] even the most persuasive presentation of Amazon’s evidence would make one iota of difference to a jury”; and (iv) requiring the parties to engage in mediation, the parties entered into an agreement and the case was dismissed.

1:19-cv-01570, E.D. Va., Judge O'Grady

Insights

Conference

2024 Hispanic National Bar Association Corporate Counsel Conference 2024 Hispanic National Bar Association Corporate Counsel Conference

March 20-22, 2024

Seattle

Webinar

LEAP the Barriers to PTAB Oral Advocacy LEAP the Barriers to PTAB Oral Advocacy

February 29, 2024

Webinar

Panel Discussion

A Conversation with D.C. Attorney General Brian Schwalb A Conversation with D.C. Attorney General Brian Schwalb

February 20, 2024

Washington

Conference

2023 Lavender Law Conference & Career Fair 2023 Lavender Law Conference & Career Fair

July 24-26, 2023

Chicago

Federal Circuit IP Blog

Will 2023 Be the Year of § 112 at the Supreme Court? Will 2023 Be the Year of § 112 at the Supreme Court?

December 7, 2022

Conference

2022 HNBA Annual Convention 2022 HNBA Annual Convention

September 7-9, 2022

Washington, DC

More

News

Award/Ranking

61 Finnegan Attorneys Recognized on the 2025 Capital Pro Bono Honor Roll 61 Finnegan Attorneys Recognized on the 2025 Capital Pro Bono Honor Roll

May 7, 2026

Award/Ranking

56 Finnegan Attorneys Recognized on the 2024 Capital Pro Bono Honor Roll 56 Finnegan Attorneys Recognized on the 2024 Capital Pro Bono Honor Roll

April 24, 2025

DC Bar

Award/Ranking

60 Finnegan Attorneys Named to 2023 Capital Pro Bono Honor Roll

60 Finnegan Attorneys Named to 2023 Capital Pro Bono Honor Roll

May 15, 2024

Commentary

Deep in the Trenches: New Attorneys Define Their Success Deep in the Trenches: New Attorneys Define Their Success

January/February 2024

Washington Lawyer

Commentary

The 2023 WIPL Awards: Law Firm Lifetime Achievement The 2023 WIPL Awards: Law Firm Lifetime Achievement

November 20, 2023

Law.com

Award/Ranking

54 Finnegan Attorneys Named to 2022 Capital Pro Bono Honor Roll 54 Finnegan Attorneys Named to 2022 Capital Pro Bono Honor Roll

July 21, 2023

More

Professional Activities

  • D.C. Bar Association
    (participant, John Payton Leadership Academy, 2022; working group member, Diversity, Equity, Inclusion, and Accessibility (DEIA) Task Force, 2023-present; member, DEIA Task Force Working Group, 2023-present; co-chair, Early Career Lawyers Community, 2023-present)
  • Hispanic National Bar Association (HNBA)
    (Programs chair, IP section, 2023-present)
  • American Bar Association (ABA)
  • American Chemical Society, Chemistry and Law Division
  • American Intellectual Property Law Association (AIPLA)
  • Federal Circuit Bar Association
    (participant, Bench & Bar Mock Pitch Competition, 2023)
  • Minority Corporate Counsel Association
  • National LGBTQ+ Bar Association
Admissions and Education

Admissions

  • U.S. Patent and Trademark Office
  • District of Columbia
  • Virginia
  • Virginia
  • U.S. Patent and Trademark Office
  • District of Columbia
  • U.S. District Court, E.D. Virginia
  • U.S. Court of Appeals, Federal Circuit
  • U.S. Court of Appeals, Veterans Claims
  • Supreme Court of the United States

Education

Indiana University Maurer School of Law
J.D., cum laude, 2019
Indiana University
B.S., Microbiology, with honors and distinction, 2016

Kenneth's Practices

Appeals, Issues, and Legal Strategy
Appeals from the PTAB
Federal Circuit and Supreme Court Appeals
Global IP Enforcement, Litigation, and Trials
Branded Hatch-Waxman (ANDA) Litigation and Trials
Federal Circuit and Supreme Court Appeals
Patent Litigation and Trials
Pretrial Strategies
Patent Office Invalidation Proceedings
PTAB Invalidation Proceedings: IPR and PGR
Prosecution and Portfolio Management
Opinions and Counseling

Kenneth's Industries

Chemicals, Industrials, and Materials
Chemical
Energy
Clean Energy and Renewables
Life Sciences
Biologics
Biotechnology
Medical Device and Diagnostics
Pharmaceutical

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