Emily DiBenedetto to speak at the Maryland State Bar Association Legal Summit on June 11, 2021
Following speakers including Madeleine Albright, Amy Klobuchar, Boyd Rutherford, Nina Totenberg, Tina Tchen, and others, Emily will present the First Effects of the Biden Administration on the IP Landscape, a highlight reel of current events comprising global and domestic intellectual property topics. Browse the brochure here.
Karen Keller to lead panel on Remote Conference, Motions & Ex Parte Applications at the 2021 Sedona Conference on Remote Case Management of IP Proceedings on June 10-11, 2021
Karen’s panel will be one of six panels focused on the many aspects of remote proceedings. The distinguished faculty consists of federal judges and leading patent, trademark and copyright litigators who, along with conference participants, will engage in dialogue on effective remote case management of IP proceedings.
Karen Keller to participate as a dialogue leader for the Sedona Conference Working Group 1 Virtual Town Hall on Discovery Sanctions on June 3, 2021
In this town hall, dialogue leaders will explore the key provisions of the Federal Rules authorizing discovery-related sanctions and the interplay of these provisions with other rules that address discovery misconduct. They will offer a framework for analysis through which to view these provisions, as well as best practices for parties seeking to avoid—or leverage—the imposition of sanctions. The audience will then have an opportunity to discuss and brainstorm on the topic both collectively and in smaller breakout sessions. Takeaways and action items will be noted and shared with all to inform the ongoing mission of WG1 and guide its future publication projects.
Karen Keller to speak on June 3, 2021 at the Virtual Summit Women in Law & IP
Karen’s panel, consisting of both in-house and outside counsel, will discuss the litigation landscape post-COVID. If you are in an in-house lawyer and would like to attend, please contact Karen Keller. You can view the agenda here.
David Fry recognized by ACLU of Delaware for contributions to voting rights
Earlier this month, David was honored by the ACLU of Delaware for his work on voting rights litigation in 2020. You can read more about David’s work here.
Karen Keller delivers keynote speech to ChIPs Class of 2021
Karen Keller gave the keynote speech at the ChIPs Class of 2021 Promotion Ceremony on May 20, 2021. This event recognized student ChIPsters who are graduating from law school in 2021 and part-time students beginning their first legal position. Shaw Keller congratulates all graduating 3Ls and part-time students!
Karen Keller to speak as panelist at Penn State’s Venture & IP Conference
Karen will be speaking on the panel “IP 101 – What Every Startup Needs to Know About IP Protection.” The full conference agenda is available here.
Karen Keller and Emily DiBenedetto to participate in The Sedona Conference Institute’s eDiscovery Negotiation Training: Practical Cooperative Strategies on February 9-11, 2021
Karen will once again participate as a faculty member and Emily will be participating as a member of one of the mock teams. For more information, visit https://thesedonaconference.org/tsci2021ednt.
Andrew Russell Wrote 2020’s Second-Most-Viewed Law360 Article
Andrew’s Law360 article “A Work-From-Home Tech Checklist For Law Firms,” published while firms were beginning to close their offices last year during the pandemic, was the second-most-viewed article on Law360 in 2020. Andrew is a former IT and software development specialist who now litigates technology-related patents. His article describes steps attorneys can take to improve their work-from-home environments.
Shaw Keller welcomes Emily DiBenedetto as our newest associate!
Emily joins Shaw Keller from the University of Maryland School of Law, where she was the Associate Comments Editor for the University of Baltimore Law Review and the President of the Intellectual Property Legal Society. She earned a Bachelor of Science in Chemical Engineering with a Minor in Entrepreneurship from the University of Maryland, Baltimore County, and was recently admitted to the Maryland bar. Welcome, Emily!
Karen Keller to speak on the State of the Union for Women & Diversity In IP on October 1, 2020 at the Women in Law & IP Virtual Summit.
An overview of the Virtual Summit can be found here.
IP Stars ranks Shaw Keller in its 2020 Rankings
Managing Property IP Stars recently ranked John Shaw and Karen Keller as “Patent Stars” and Shaw Keller as “recommended” in its annual listing of IP Stars in Delaware.
IP Stars’ methodology is available here.
Chambers & Partners USA recognizes Shaw Keller in its 2020 rankings, with clients calling the firm’s attorneys “practical” and “quick in their turnaround, thorough and extremely smart in their analysis,” also praising their “good support and brilliant advice.”
Shaw Keller was once again recognized by Chambers USA in its 2020 rankings. Clients specifically noted their “practical” approach and “good familiarity with the court system and judges.” John Shaw was recognized by clients as a “leading lawyer” that “operates with the highest level of integrity in the courts” and is “responsive and willing to take on the most complex of assignments.” Clients described Karen Keller as “devoted to her clients” and “very easy to work with,” noting that “she is very knowledgeable about the judges in Delaware and provides practical, frank advice.”
Information on Chambers & Partners’ methodology is available here.
IAM Patent 1000 calls Shaw Keller “a litigation boutique to count on when the chips are down.”
IAM Patent 1000 has recognized Shaw Keller in its gold band for patent professionals in Delaware. According to IAM’s research, the firm is:
A litigation boutique to count on when the chips are down, Shaw Keller handles itself in the courtroom with confidence and poise, and is unfazed by technical and legal complexity or high stakes. Setting the tone is John Shaw, a nationally respected advocate who “knows the Delaware system and judges”. His approach can best be described as pragmatic: he wants to get to business wins quickly and efficiently, and designs his strategies accordingly. Another proficient litigation and trial team leader is Karen Keller, who shines in the chemical and life sciences arenas. Keller gives generously of her time and expertise to help advance patent litigation best practice in Delaware and more broadly.
Information on IAM’s methodology is available here.
Shaw Keller attorneys included in 2020 Super Lawyers rankings.
John Shaw was recently selected to the 2020 Super Lawyers list for Intellectual Property Litigation Attorneys in Delaware. Andrew Russell, David Fry, and Nate Hoeschen were selected to the 2020 Delaware Rising Stars list.
Super Lawyers is a rating service of outstanding lawyers who have attained a high-degree of peer recognition and professional achievement. This selection process includes independent research, peer nominations, and peer evaluations. More information on the Super Lawyers selection process is available here.
Shaw Keller brings civil rights complaint challenging Pennsylvania’s restrictions on natural hair braiding.
PHILADELPHIA—Pennsylvania’s mandatory license for hair braiding still stands even after a commonwealth government study found that the license blocks opportunities and is unnecessary to protecting the public. Gov. Tom Wolf admitted the state should eliminate the license because it blocks hardworking people from, “getting a good job, supporting their families and growing our economy.” Today, 2 years after the Governor’s comments, three Pennsylvania braiders launched a lawsuit to finally unravel the unnecessary and burdensome requirement.
Astou Diop, Tanyita Henry and Awa Gaye are experienced in traditional African hair braiding, a natural technique involving no chemicals or heating implements. Each of them learned their skills at an early age, just as generations of women before them learned. Yet Pennsylvania requires 300 hours of unnecessary training and a computerized test before these women can braid for paying customers. John Shaw, of Shaw Keller LLP, filed the suit on behalf of the braiders at the Commonwealth Court in Harrisburg.
“Braiding is so safe that no natural hair braider in Pennsylvania has ever received a health or safety complaint,” said Shaw. “Yet braiders are still required to get hundreds of hours of training, much of it in subjects that have nothing to do with braiding. The Pennsylvania Constitution protects the braiders’ right to earn a living. Right now, they have to stop working to get completely unnecessary training.”
While Pennsylvania mandates 300 hours of training to acquire a license, no cosmetology school offers close to that number of hours of education in braiding. Additionally, Pennsylvania has only licensed two braiders to teach natural hair braiding, with one of these individuals living in New Jersey. This means that in order to comply with the law, natural braiders must take hours of instruction in cosmetology practices that they do not intend to offer.
“My shop is completely focused on natural hair braiding and I only employ natural braiders,” said Astou Diop, the owner and manager of a shop in Philadelphia. “Braiders can’t put their careers on hold to get training that doesn’t improve their skills and that isn’t needed to keep people safe.”
“This is an issue for communities across Pennsylvania including near State College,” said Tanyita Henry who lives in Bellefonte, 9 miles from Penn State’s campus. “There are too few resources for black students and residents outside of Philly. I want to open a salon to meet their hair needs.”
Currently 28 states allow braiders to practice without a license, and legislation to eliminate the braiding license is currently awaiting the Florida governor’s signature. Among them, three states bordering Pennsylvania do not license the practice: Delaware, Maryland and West Virginia. Even among the few states that require a license for braiders, Pennsylvania’s requirements stand out as exceptionally burdensome. Only Louisiana requires more training, 500 hours, and that state’s requirement is also being challenged in court.
Following a June 2018 study by the Bureau of Professional and Occupational Affairs focused on identifying any overly broad or overly burdensome Pennsylvania occupational license, Governor Wolf called for the elimination of the braiding license. Pennsylvania’s Acting Deputy Secretary for Regulatory Programs and Commissioner of Professional and Occupational Affairs also recommended repeal of the license and noted that no natural hair braider in Pennsylvania had ever received a customer-driven complaint relating to health or safety.
Congratulations to Emily DiBenedetto!
Congratulations to former Shaw Keller summer associate Emily DiBenedetto on her recent graduation from the University of Baltimore School of Law. Emily will be joining Shaw Keller after taking the Delaware bar exam later this year.
IAM Patent 1000 Recognizes Shaw Keller LLP as Top Tier Delaware Firm
IAM Patent 1000 recently recognized Shaw Keller in its gold band for the firms patent litigation work. According to the IAM research:
Dynamic trial boutique Shaw Keller brings the heat in patent litigation not just locally but across the country – and in all technical areas and industries. John Shaw and Karen Keller are inveterate winners who know how to get to the finish line faster and more efficiently than others. A strong leader with excellent engineering credentials, Shaw is one of the few Delaware lawyers who has seen action at the International Trade Commission. Keller is an “incredibly smart, personable and well-respected lawyer with a deep knowledge of local practice and the Delaware bench. She simply has a knack for litigation and is able to analyse complex problems and present sensible and pragmatic solutions”.
Andrew Russell Rebuts AI Opinion in Law360 Article
Andrew Russell’s article, “AI Can’t Accurately Predict Case Length And Cost — Yet,” appeared on February 21, 2020 in Law360’s Expert Analysis feature. The article rebuts suggestions by a legal analytics firm that it can predict case outcomes, length, and cost using AI, and that attorneys should have an ethical obligation to do so.
Karen Keller participates as faculty member at The Sedona Conference Institute Presents: 2020 eDiscovery Negotiation Training: Practical Cooperative Strategies on February 12-13, 2020.
In the program, participants are trained to negotiate effectively with opposing counsel, in order to ensure efficient, cost-effective fact-finding, and avoid unnecessary disputes, consistent with Rule 1 of the Federal Rules of Civil Procedure and the ethical obligations of attorneys as officers of the court. Under the supervision of experienced faculty, participants take part in three mock Rule 26(f) conferences focusing on scope of discovery, preservation, form of production, privilege, and social media, in both breakout sessions and plenary sessions. Some participants also have an opportunity to participate in a mock Rule 16(b) case management conference during a plenary session, with one of our judicial faculty members presiding. The faculty of veteran trial lawyers, eDiscovery experts, and judges provide opportunity for dialogue, demonstrations, and valuable critique of the attendees’ performance in the exercises.
Shaw Keller ranked by Managing IP Stars for its work in patent litigation.
Managing Intellectual Property IP Stars recently ranked John Shaw and Karen Keller as “Patent Stars” and Shaw Keller as “recommended” in its annual listing of IP Stars in Delaware.
Shaw Keller is a proud sponsor of this year’s Invent Penn State Venture & IP Conference.
Shaw Keller is a proud sponsor of this year’s Invent Penn State Venture & IP Conference that occurs October 3-4 in University Park, PA. In addition to Shaw Keller’s continued support of this program, Karen Keller participates as a member of the programming committee and Jeff Castellano will be participating on a panel entitled “IP 101 – What Every Start-up Needs to Know About IP Protection” on October 4.
Andrew Russell to speak on artificial intelligence issues at Sedona Conference.
On September 19, Shaw Keller partner Andrew Russell will speak on a panel presented by the Sedona Conference’s Working Group 11 on Data Security and Privacy Liability, addressing the topic of “Artificial Intelligence (AI) model transparency: Core principles in promoting transparency of AI and algorithms.”
Karen Keller to attend the annual ChIPs Global Conference in Washington, DC on September 26 and 27.
Shaw Keller and its lawyers recognized for its “significant expertise litigating patent infringement suits” and “great written and oral arguments, sophisticated legal input and fantastic output.”
Chambers USA once again ranked Shaw Keller LLP and its lawyers amongst the best in its 2019 rankings. Clients particularly recognized Shaw Keller’s “knowledge of judges and a good ability to predict how they will operate and how best to approach them.” Partner John Shaw was described as having an “enviable reputation for his adroit representation of clients” in patent litigation matters.” Clients further noted John’s “very detailed knowledge of the jury venue and a very good instinct for jury selection and presentation.” Partner Karen Keller was noted as being “adept at advising clients in the pharmaceutical, veterinary and technology sectors on patent infringement and breach of contract claims.” One client noted that “[s]he has a good working relationship with the court and we appreciate her guidance, creativity and counsel.”
Who’s Who Legal Patents 2019 recognizes John Shaw and Karen Keller.
Who’s Who Legal Patents 2019 highlights John Shaw and Karen Keller as one of 853 individuals from across 55 jurisdictions worldwide.
Shaw Keller and its attorneys Karen Keller and Jeff Castellano participate in BIO 2019 International Convention.
Shaw Keller recently participated as an exhibitor in the Delaware booth at BIO 2019 in Philadelphia, June 3-5. Karen Keller was honored to be a member of the Program Committee, and to oversee the panel on “The BPCIA is Turning Ten: What’s Next for Biosimilars?”. She was also thrilled to join a great group of judges for the 2019 Start Up Stadium. Jeff Castellano attended and participated in the conference’s One on One Partnering Program.
Shaw Keller welcomes Emily DiBenedetto as a summer associate.
Emily is a student at University of Baltimore School of Law where she is the Articles Editor for the University of Baltimore Law Review and the President of the Intellectual Property Legal Society. She has her Bachelors of Science in Chemical Engineering with a Minor in Entrepreneurship.
Super Lawyers rates Shaw Keller attorneys as top-rated intellectual property litigation attorneys for its 2019 rankings.
Karen Keller and John Shaw were recently rated Top Intellectual Property Litigation Attorneys in Wilmington, Delaware for 2019, and Andrew Russell, David Fry, and Nate Hoeschen were rated as 2019 Rising Stars. Super Lawyers is a rating service of outstanding lawyers who have attained a high-degree of peer recognition and professional achievement. This selection process includes independent research, peer nominations and peer evaluations.
Law360 publishes Jeff Castellano’s most recent expert analysis “The Latest Pretrial Procedures in the District of Delaware”
Jeff Castellano’s most recent publication, “The Latest Pretrial Procedures in the District of Delaware”, appeared on March 26, 2019 in Law360’s Expert Analysis feature. With two new Article III judges, the article summarizes how the judges handle pre-trial practices and procedures.
Shaw Keller Continues its Support of The Sedona Conference Patent Litigation Working Groups 9 & 10
David Fry and John Shaw are participating in The Sedona Conference Working Groups 9 & 10 Annual Meeting on Patent Litigation this month. While unable to attend, Karen Keller continues her work on the drafting committee for claim construction.
John Shaw Attends 2019 Penn State College of Engineering’s Industrial & Professional Advisory Council
John Shaw is continuing his participation in 2019 as a member of Penn State’s College of Engineering’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, and its members are appointed by the Dean of the College.
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.
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.