Karen Keller and Nate Hoeschen published in Second Edition of “Pre-ANDA Litigation: Strategies and Tactics for Developing a Drug Product and Patent Portfolio.”
Karen Keller and Nate Hoeschen published in Second Edition of “Pre-ANDA Litigation: Strategies and Tactics for Developing a Drug Product and Patent Portfolio.”
Shaw Keller will participate as a co-sponsor of the Delaware Bio IP Legal Forum on September 21, 2018.
Shaw Keller will participate as a co-sponsor of the Delaware Bio IP Legal Forum on September 21, 2018. The IP Legal Forum will consist of an interactive discussion between in-house and firm-based IP attorneys, meeting with Senator Coons and USPTO Director Iancu to discuss IP law and IP reform legislation. Karen Keller will be participating in an IP 101 panel discussion for in-house practitioners and scientists.
You can link to pdf attachment here. – Intellectual Property Legal Forum
Shaw Keller thought leader on data privacy and artificial intelligence, Andrew Russell, is participating as a dialogue leader at the Sedona Conference Working Group on Data Security and Privacy Liability (WG11) 2018 Midyear Meeting on September 13-14.
Shaw Keller thought leader on data privacy and artificial intelligence, Andrew Russell, is participating as a dialogue leader at the Sedona Conference Working Group on Data Security and Privacy Liability (WG11) 2018 Midyear Meeting on September 13-14. Andrew will be speaking on the panel concerning Transparency in AI Systems alongside other thought leaders in the field.
Shaw Keller named top tier firm by the iam Patent 1000 and recognized as “a boutique known for its innovative tactics and efficient, business-oriented approach”.
Once again, Shaw Keller and partners John Shaw and Karen Keller were recognized by the Intellectual Asset Management (iam) Patent 1000 – the World’s Leading Patent Professionals. The rankings describe John Shaw and Karen Keller as “high-quality, flexible litigators who get great results in a nice mix of cases” and who often “collaborate to form the ultimate double team for clients.” iam recognized Shaw Keller as “fielding expert operators on the local litigation scene” as well as “fight[ing] the good fight further afield,” including at the ITC.
The iam Patent 1000 is a “unique guide that identifies the top patent professional in key jurisdictions around the globe.” Individuals qualify to be listed “when they receive sufficient positive feedback from peers and clients with knowledge of their practice and the market within which they operate.”
Bloomberg Law quotes partner Karen Keller on the confirmation of the two new D. Del. Judges.
Bloomberg Law News
Delaware Judge Shortage Is Over, Lawyers Delighted
Posted Aug. 3, 2018, 1:00 PM
• Senate confirms two judges for federal district court bench in Delaware
• The court has had two out of four judgeships vacant since May 2017
Patent litigators who practice before the busy Delaware federal district court are hailing the Senate’s confirmation of two new judges to the federal bench.
The more than year-long wait to fill two vacant judgeships is finally over. The U.S. Senate by voice vote confirmed Maryellen Noreika, a well-known patent litigator with Morris, Nichols, Arsht & Tunnell LLP in Wilmington, and Colm F. Connolly, a former U.S. Attorney now the managing partner of the Wilmington office of Morgan Lewis, to fill judgeships that have been vacant since May 2017.
At full strength, the court is supposed to have four judges. Patent litigators are particularly invested in having a full complement of judges in Delaware because it’s consistently been a popular jurisdiction for patent case filings. Many corporations have a Delaware connection, with more than 50 percent of publicly traded companies in the U.S. incorporated there.
The court ranks first among federal district courts in the number of cases it handles involving disputes between brand and generic drug companies over generic companies’ bids to sell copycat versions of the drugs, called abbreviated new drug applications (ANDA). Bristol Meyers Squibb & Co., Genentech Inc., Pfizer, Sanofi-Aventis, and Shire Plc are just a few of the branded drug companies that have sued generic drug companies for patent infringement in Delaware federal district court over the past year.
Because of the new judges’ litigation backgrounds, they will be able to immediately dig in to help handle the district court’s heavy caseload, Denise Seastone Kraft, a patent litigator with DLA Piper in Wilmington, told Bloomberg Law Aug. 3.
The Senate confirmed the judges Aug. 1, which Kraft called “a day of celebration among the Delaware Bar with the long-awaited and anticipated confirmation of our new District of Delaware Judges.”
The court will work quickly to get the new judges on the bench, Karen Keller of Shaw Keller LLP in Wilmington, Del., told Bloomberg Law Aug. 3. Keller’s practice primarily focuses on intellectual property and complex commercial litigation in district courts across the country and at the International Trade Commission.
Jake M. Holdreith, a patent litigator at Robins Kaplan LLP in Minneapolis, told Bloomberg Law Aug. 2, “I’m very happy to see the Delaware bench back at full strength and with skilled and experienced trial lawyers moving into the vacant seats.” Holdreith frequently practices before the Delaware district court, most recently winning a noninfringement ruling for Amneal Pharmaceuticals in ANDA litigation over Amgen Inc.’s blockbuster kidney disease drug Sensipar.
ANDA litigation involves brand-name drug companies suing generic drug companies for patent infringement based on their submission of an ANDA to the Food and Drug Administration. An ANDA seeks approval of a generic version of a branded drug before patents covering the branded drug expire.
Visiting Judges: What Happens?
The court had been calling on several visiting judges to help handle its busy docket while waiting for the vacancies to be filled. Eight of the visiting judges were tapped just to handle the overflow of patent cases.
The judge in the Sensipar case, Judge Mitchell Goldberg of the U.S. District Court for the Eastern District of Pennsylvania, is one of the visiting judges who had been helping handle the overflow of patent cases.
“The District continues to be one of the busiest in the country for patent cases,” Holdreith said. “Chief Judge [Leonard P.] Stark, the rest of the bench, and the gracious visiting judges have done a fantastic job of covering the load in the interim, but it will be very helpful to the bar and the litigants to get back to a full complement of judges.”
How the court will handle cases currently overseen by the visiting judges isn’t yet clear, Keller said. “No one knows yet,” she said.
The court has not said anything about what’s going to happen to visiting judges’ cases or whether they’ll stay on for a time after the new judges come on, she said.
The last time the court used visiting judges, the judges were given the option of returning their docket or keeping their cases and seeing them through, Keller said. “I don’t know whether they’ll do that again.”
Jeff Castellano to Moderate Panel on Intersection of District Court and PTAB Practice.
On July 13, 2018, Jeff Castellano will moderate a panel of Judges from the United States District Court for the District of Delaware and the Patent Trial and Appeal Board (PTAB). The panel presentation is part of a CLE presented by the Delaware Chapter of the Federal Bar Association, and is expected to cover the intersection of district court and PTAB litigation, including the impact of recent Supreme Court precedent, stays pending IPR, estoppel, claim construction, and other key issues. The CLE will run from 1:30-3:30 pm, and will be located at the Hotel DuPont in Wilmington, DE. More information is available at: https://defba.org/event/patent-trial-and-appeal-board-cle/
Shaw Keller welcomes summer associate Sarah Brickey.
Sarah is a rising 2L at the University of Pennsylvania Law School and has a B.A. (with distinction) in Neuroscience and Political Science from the University of Colorado. Prior to law school, Sarah worked with the Colorado Public Interest Research Group in Denver collaborating with coalition and industry partners to generate public support for climate change initiatives. Sarah also worked in a research lab at the University of Colorado, using optogenetics to investigate the neurological basis of addiction. In her spare time, Sarah enjoys hiking and camping in the Rocky Mountains and throughout the Mountain West region and riding horses.
Karen Keller named as one of 326 attorneys nationally – and the only lawyer in Delaware – as “absolutely best at client service.”
BTI Consulting Group’s annual survey of general counsel named Karen Keller as one of its 326 outside lawyers “absolutely best at client service.” According to BTI, “Corporate counsel single out each attorney—by name and in an unprompted manner—as delivering the absolute best client service. No attorney or firm can self-nominate, self-refer, nor pay to be included in this report. Clients have the final—and only—say.” Karen is the only Delaware lawyer identified by BTI, and one of few IP trial counsel recognized. A link to the full BTI report may be found here.
Karen Keller to participate on faculty of The Sedona Conference on International Patent Litigation: Aspirations Toward Attaining Effective Global IP Protections on February 26-27 in Reston, VA.
Karen’s panel focuses on “The World After T.C. Heartland: Effective Management of Multidistrict Litigations (MDLs) and ‘Pseudo-MDLs’ from the Court’s and the Parties’ Perspectives.”
Shaw Keller congratulates David Fry on becoming a partner of the firm.
David focuses his practice on patent infringement and complex commercial litigation. His cases have involved agricultural chemicals, multi-function printers, RNA/DNA analytical technology, and patent licensing disputes.
Shaw Keller recognized as ChIPs 2017 Honor Roll Participant.
ChIPs, a non-profit organization focused on advancing women in technology, law and policy, recognized Shaw Keller LLP as a 2017 Honor Roll Participant in this year’s Global Summit program. ChIPs Honor Roll program is “to recognize firms that commit to and meet diversity and inclusion goals.” Shaw Keller is proud to be recognized as part of this program.
Shaw Keller LLP proudly sponsors the 2017 ChIPs Women in Tech, Law and Policy Global Summit.
Shaw Keller continued its long-standing sponsorship of ChIPs this week. ChIPs, a nonprofit organization focused on advancing and connecting women in technology, law and policy, now conducts networking and CLE programs throughout the year. To learn more about ChIPs, click here.
Jeff Castellano and Nate Hoeschen article featured in current Landslide
An article by Shaw Keller attorneys Nate Hoeschen and Jeffrey Castellano was recently featured in the 10th anniversary issue of Landslide magazine. The article—“Form 18 I just Don’t know What I want”—traces the impact of the abrogation of Form 18 on pleading standards in patent cases throughout the US.
David Fry Contributes to Sedona Conference Commentary on Patent Damages.
David Fry recently served as a contributing editor and co-author of the Sedona Conference’s Commentary on Case Management of Patent Damages and Remedies Issues: Section on Patent Damages Hearings, available at https://thesedonaconference.org/download-pub/5193. The commentary provides a series of principles and best practices for conducting early damages hearings in patent cases.
Who’s Who Legal Patents 2017: John Shaw and Karen Keller named to Who’s Who Legal Patents 2017.
John Shaw and Karen Keller each recognized as one of top 851 patent attorneys worldwide by Who’s Who Legal.
Four Shaw Keller Lawyers Named as Super Lawyers 2017.
Super Lawyers has again recognized John Shaw, Karen Keller, and Jeff Castellano as 2017 Delaware Super Lawyers in Intellectual Property Litigation. John Shaw and Karen Keller were also recognized as Delaware Super Lawyers in Business Litigation. Associate, David Fry, was named as a Delaware Rising Star in Intellectual Property Litigation.
Karen Keller to Speak at The IP Strategy Summit: Philadelphia on June 7, 2017.
On June 7, Karen will be presenting a roundtable on “Cost Effective Litigation through Development of the Trial Story Early in the Litigation” at The IP Strategy Summit: Philadelphia. Shaw Keller is a sponsor of this conference that joins thought leaders for a day of discussion on hot topics in the field of intellectual property.
Shaw Keller welcomes summer associate, Carlos Tirado.
Carlos is a rising 2L at Temple University Beasley School of Law and has a B.S. in Mechanical Engineering with Minors in Economics and Engineering Leadership Development from Penn State. Prior to law school, Carlos worked for PPL Electric Utilities as a Distribution Standards Engineer. During his undergraduate years he spent time as a quality management co-op at Johnson & Johnson. He was also a student advisor for the Penn State and Corvinus University Partnership where he evaluated potential US markets for a rapidly growing Hungarian anti-ageing institute and established a legal framework to ensure a smooth implementation of the first U.S. based franchise. In his spare time, Carlos is a member of the board of directors for Community Bike Works, a non-profit organization that uses bikes, peer role models and adult mentors to provide at-risk, inner city children with a meaningful work-ethic alternative to the streets.
Our offices have moved to the I.M. Pei Building in Wilmington.
Effective May 1, 2017 Shaw Keller LLP has opened new offices in Wilmington’s I.M. Pei Building. Our new address is:
1105 North Market Street, 12th Floor
Wilmington, DE 19801
All of our other contact information remains unchanged.
Jeff Castellano to Lecture on IP Issues
Jeff Castellano is slated to lecture on intellectual property issues at the University of Denver’s School of Engineering and Computer Science on May 15. Jeff’s presentation will explain basic IP concepts, and will delve into the IP issues entrepreneurs and young startup businesses may encounter. Jeff will be delivering his lecture to students in the school’s multi-disciplinary and entrepreneurial “Product Development and Market Feasibility” program, in which students develop and create a new product, and pitch it to investors. The program is led by Michael Caston, professor of mechanical engineering and manager of the Innovation Floor at the University.
A Banner Year for Service
In 2016, Shaw Keller’s six attorneys devoted over 1,400 billable hours to providing legal services to those in need—defending children as guardians ad litem, representing elderly citizens disenfranchised by unfair voting procedures, and securing compensation for victims of police brutality—our most charitable year yet.
Karen Keller to participate as faculty member and panelist at The Sedona Conference Institute’s eDiscovery Negotiation Training: Practical Cooperative Strategies on February 8-9 in Miami, FL.
Karen Keller will participate as a faculty member and panelist at The Sedona Conference Institute’s eDiscovery Negotiation Training: Practical Cooperative Strategies on February 8-9 in Miami, FL. This training session brings together leading jurists, in house counsel, outside counsel and eDiscovery experts in a practical program where participants are trained to negotiate with opposing counsel and will take part in Rule 26(f) conferences focusing on: scope of discovery, form of production, social media and privilege, culminating in a mock Rule 16(b) case management conference with a judicial faculty member presiding. Each mock exercise is followed by a plenary session presided over by members of the faculty to discuss and critique the mock sessions.
Shaw Keller congratulates Andrew Russell on becoming a partner of the firm.
Andrew focuses his practice on the litigation of patents covering high-tech subject matter, ranging from Internet and network technology to low-level CPU and hard drive technology.
Thanking Our Clients and Friends as We Celebrate our 5th Anniversary
All of us at Shaw Keller wish to thank our clients, friends, and colleagues for a successful and fun first five years. We look forward to continuing our partnership with you!
Shaw Keller and its lawyers recognized for their “significant expertise” across “a range of industries.”
Following in-depth, client-focused research, Chambers USA once again ranked IP litigation boutique Shaw Keller and its lawyers among the best. Clients particularly noted Shaw Keller’s strategic approach to litigation, stating “being strategic is a talent and not something you learn; finding someone who has that talent is rare.” John Shaw was praised for his “good judgment” and “good strategic advice.” Karen Keller was recognized as “highly detail-oriented” and “an amazing lawyer.”
Shaw Keller recognized as “an extraordinarily knowledgeable boutique” that is “immensely respected on the market” by IAM Patent 1000.
Once again, Shaw Keller and partners Karen Keller and John Shaw were recognized by the Intellectual Asset Management (IAM) Patent 1000 – The World’s Leading Patent Professionals. The rankings describe Karen as an “astounding practitioner” and John as a “leading light in the high-tech space.”
Compiled following an extensive research process, the IAM Patent 1000 2016 – The World’s Leading Patent Professionals provides a definitive list of “only those individuals identified by market sources for their exceptional skill sets and profound insights into patent matters” and “firms qualify for a listing on the basis of their depth of expertise, market presence and level of work on which they are typically engaged.”
Shaw Keller welcomes summer associate, Ina Dogani.
Ina is a rising 2L at Temple University Beasley School of Law and has a B.A. in Biology from the University of Pennsylvania. Prior to law school, Ina conducted clinical immunology research at the Children’s Hospital of Philadelphia and worked in audit and compliance at a Philadelphia law firm. In her spare time, Ina volunteers as a translator for recent Albanian immigrant families, and assists them to find affordable housing, apply for public assistance, enroll in schools, and search for jobs. She has also volunteered for the World Health Organization and Red Cross Emergency Services, Disaster Action Team.
Shaw Keller partners recognized as 2016 Delaware Super Lawyers in Intellectual Property Litigation.
Super Lawyers has recognized all Shaw Keller partners as 2016 Delaware Super Lawyers in Intellectual Property Litigation. John Shaw and Karen Keller were recognized as Delaware Super Lawyers for Intellectual Property Litigation and Jeff Castellano was recognized as a Delaware Rising Star in Intellectual Property Litigation.
Shaw Keller welcomes its newest attorney, Nate Hoeschen, J.D., Cornell Law School.
Nate holds a B.A. in Chemistry from Ripon College and is a 2014 graduate of Cornell Law School, where he was a Charles Evans Hughes Scholar and an Associate Editor of the Cornell Journal of Law and Public Policy. Nate served as a law clerk for the Honorable James Arner, Pennsylvania Court of Common Pleas, before taking the Delaware bar exam.
Karen Keller re-elected to Penn State Alumni Association’s Alumni Council.
Shaw Keller and its lawyers recognized as “phenomenal” in Chambers USA’s 2015 rankings.
Once again, based on in-depth, client-focused research, Chambers USA ranks IP litigation boutique Shaw Keller and its lawyers among the best. Clients noted that “they are a really great firm-they thought outside of the box and were good on strategy,” and that “they performed very well – they were succinct, to the point and phenomenal.” John Shaw was also recognized for his “strategic approach” representing prominent clients in patent cases before district courts and the ITC. Karen Keller was recognized as “very proficient and detail-oriented” for her representations before the courts.
Karen Keller to be a Panelist at the Sedona Conference.
Karen is part of a panel creating dialogue on the recent Teva v. Sandoz decision and its impact on patent case management.
Shaw Keller Successfully Defends Judgment at CAFC.
The Federal Circuit Court of Appeals affirmed on March 20, 2015, the judgment entered in favor of Shaw Keller client Hi-Tech Pharmacal Co. Inc. in an ANDA action brought by Allergan, Inc. in the District of Delaware. The District of Delaware had found that the Allergan patents were invalid after a one-week trial in January 2013. Jeff Castellano and Karen Keller were primary counsel for Hi-Tech at trial and for Allergan’s appeal.
Thought Leadership on Claim Construction.
From 2007 through 2011, John Shaw’s presentations at the Practising Law Institute on the history of the Markman process focused on issues that might cause the Supreme Court to intervene, including the Federal Circuit’s inapt analogy to statutory construction, the role of factual findings, and whether the patent context warrants deviation from normal litigation rules. These same issues took a central role in the Supreme Court’s recent decision regarding the appropriate standard of review for claim construction rulings. Shaw Keller lawyers also authored an amicus brief in the Lighting Ballast Federal Circuit appeal highlighting that judges have long made factual determinations in non-jury matters, another point echoed by the Supreme Court in its recent claim construction ruling.
Penn State College of Engineering appoints John Shaw to its Industrial & Professional Advisory Council.
The Dean of Penn State’s College of Engineering has invited John Shaw to join the college’s Industrial and Professional Advisory Council (IPAC). IPAC advises the College of Engineering on academic issues and on current trends and future directions in the engineering profession.
Jeff Castellano publishes on Section 101 invalidity trends.
Jeff Castellano recently published an article on Section 101 dismissal trends in the Federal Circuit Bar Journal, in advance of the pending SCOTUS decision in Alice Corporation Ptd. Ltf. v. CLS Bank Intern’l, expected this summer. The article is currently available in print form, 23 Fed. Cir. Bar. J. 405 (2014).
Jeff Castellano nets win for child client in Family Court pro bono case.
After several months of litigation and two evidentiary hearings, Jeff Castellano helped secure a positive outcome for his child client, including the award of guardianship to caring relatives. Jeff devoted substantial time and effort to the case, conducting discovery on issues related to the guardianship petition and the child client’s best interests, preparing and examining a number of witnesses, and briefing issues to the court, including an expedited motion to compel. Jeff represents children in need of legal assistance through his association with the Delaware Office of the Child Advocate.
David Fry secures remand for client in Court of Appeals for Veterans Claims.
David Fry recently completed the pro bono representation of a client appealing the denial of disability benefits by the Department of Veterans Affairs. The appeal involved issues of first impression and a new regulation for diagnosis of disabilities related to traumatic brain injuries. After Shaw Keller LLP filed the opening brief, the VA agreed to end the appeal and to consent to a remand for further consideration of several of the client’s claims. The matter came to Shaw Keller LLP as part of its volunteer efforts with the Veterans Consortium Pro Bono Program.
John Shaw participates in the Giles S. Rich American Inn of Court program “Troll Plague” as an invited speaker.
On February 12, 2014 the Giles S. Rich American Inn of Court presented a program on patent litigation involving non-practicing entities. Invited speakers included The Honorable David Folsom, John Desmarais, Sharon Davis, and John Shaw.
Delaware’s lawyers select John Shaw as one of two top IP lawyers in the state.
Delaware’s lawyers select John Shaw as one of two top IP lawyers in the state.
The November 2013 issue of Delaware Today reported that John Shaw was selected by his peers as one of the top two intellectual property lawyers in the State of Delaware.
John Shaw recognized as one of top 750 patent attorneys worldwide by Who’s Who Legal.
Who’s Who Legal relies on comprehensive, independent survey work to identify the world’s leading private practice lawyers in multiple areas of business law.
Shaw Keller LLP identified as one of the “most respected litigation boutiques in Delaware” by IAM.
“Outstanding litigator” John Shaw and “talented and respected” Karen Keller recognized in IAM Patent 1000 2013—The World’s Leading Patent Practitioners.
Compiled following an extensive research process, the Intellectual Asset Management (IAM) Patent 1000 2013—The World’s Leading Patent Practitioners guide provides a definitive list of “individuals identified by market sources for their exceptional skill sets and profound insights into patent matters.”
“Exceptional litigator” John Shaw and “thoughtful, creative and responsive” Karen Keller recognized in Chambers USA 2013 rankings.
Based on in-depth, client-focused research, Chambers USA ranks the leading firms and lawyers in the United States in an extensive range of practice areas. John was recognized for bringing “the depth and breadth of skill and experience that clients rely on for creative litigation strategies and sound, thoughtful advice.” Citing her expertise in patent litigation cases involving life sciences, Karen was noted for having “the strong scientific aptitude required to navigate the complex and esoteric technologies at issue.”
Super Lawyers recognizes three Shaw Keller lawyers for their work in Intellectual Property Litigation.
The 2013 Super Lawyers Delaware lists John Shaw for his work in Intellectual Property Litigation and Karen Keller and Jeff Castellano as Rising Stars. This is the sixth time that John has been recognized by this impartial third-party rating system.
Karen Keller participates as a Faculty Member at the Sedona Regional Conference on Patent Litigation in Washington, D.C.
Sedona’s 2013 Regional Conferences on Patent Litigation focus on case management best practices in the post-AIA world.
Shaw Keller congratulates Jeff Castellano on becoming a partner of the firm.
Jeff represents clients facing patent infringement claims at the International Trade Commission and in the United States district courts.
Chambers USA Women in Law 2013 nominates Karen Keller as a finalist for its Up and Coming Intellectual Property Lawyer of the Year Award.
This award honors private practice and in-house counsel who have made outstanding contributions to furthering the advancement of women in law.
Karen Keller participates as a Faculty Member in 2012 Sedona Conference on Patent Litigation.
The focus of the conference includes the new AIA contested proceedings concerning patent validity and enforceability at the USPTO.
The Sedona Conference selected Karen Keller to serve as a member of the Patent Litigation Working Group and as a faculty member for the corresponding 2012 Sedona Conference.
The Sedona Conference Working Group Series was established to pursue in-depth study of tipping-point issues in the areas of antitrust law, complex litigation, and intellectual property rights, with the goal of producing high-quality, non-partisan commentary and guidance of immediate, practical benefit to the bench and bar.
David Fry and summer associate Emily Liu secured a protection from abuse order for clients in Delaware’s guardian ad litem program.
Program volunteers advocate for the best interests of abused and neglected children in court and other settings.
Karen Keller elected to Penn State Alumni Association’s Alumni Council.
Karen received the largest number of votes among all candidates. Karen has worked with the Penn State Alumni Admissions Volunteer Program and the LionLink career-mentoring program.