Damien has experience in all aspects of patent litigation. He has been the lead associate in five patent trials (three jury and two bench) on behalf of plaintiffs and defendants. He has argued several times in district court and has significant experience preparing witnesses and taking and defending fact and expert depositions. His experience includes Hatch-Waxman litigation; three Federal Circuit appeals; complex multiparty settlement and license agreements; post-settlement license/contract disputes; and managing large document review projects. His experience includes patented technologies related to pharmaceuticals and formulations for the treatment of cancer, systemic fungal infections, and psoriasis; cancer immunotherapy vaccines; eye vitamin supplements for macular degeneration; and hardware and software for image sensors and touchscreens/displays. His pro bono work includes successful practice before the Court of Appeals for Veterans Claims.
LEO Pharmaceutical Products, Ltd. v. Rea
Federal Circuit (2013)
Damien was on the team that secured a decision in favor of LEO Pharma, reversing the determination of the Board of Patent Appeals and Interferences that LEO Pharma's U.S. Patent No. 6,753,013 for Taclonex® was obvious.