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Kyle Musgrove has been litigating intellectual property cases for over a decade. Patent litigation is the primary focus of his practice with an emphasis in the pharmaceutical, medical device, biological, and chemical arts. More particularly, Mr. Musgrove's practice over the last several years has involved pharmaceutical litigation related to the Hatch-Waxman Act. Mr. Musgrove has primarily represented the ANDA applicants in such proceedings. In addition to his Hatch-Waxman practice, he has also litigated cases in various fields including paper and pulp bleaching, optics, cervical collars, vaccines, medical devices and medical imaging, nutritional supplements and methods of drug delivery. Mr. Musgrove's practice includes the representation of both patentees and alleged infringers.
Mr. Musgrove provides an annually updated chapter relating to the intersection of the Patent and Antitrust Laws for Aspen Publishing. He has previously been a co-editor of Unfair Competition and the ITC, a handbook on practice before the ITC in Section 337 investigations. Mr. Musgrove is also involved in many of the firm's pro bono initiatives.
Representative Appellate Work :
Impax Laboratories, Inc. v. Aventis Pharmaceuticals, Inc., 468 F.3d 1366 (Fed. Cir. 2006) (argued) (Vacating finding of no anticipation after trial and remanding for further proceedings)
On-Line Technologies, Inc. v. Bodenseewerk Perkin-Elmer GmbH, 386 F.3d 1133 (Fed. Cir. 2004) (Affirming summary judgment dismissing state law claims for which damages of approximately $100 million dollars had been alleged against our clients)
Geneva Pharmaceuticals, Inc. and Teva Pharmaceuticals USA, Inc. v. GlaxoSmithKline, PLC, 349 F.3d 1373 (Fed. Cir. 2003) (Affirming invalidity of seven GSK patents in favor of client)
Evans Medical Ltd. v. American Cyanamid Co., 215 F.3d 1347 (unpublished) (Affirming summary judgment of noninfringement on behalf of client)
Representative Trial Experience :
Pfizer, Inc. v. Synthon Holdings BV, et al. (M.D.N.C. 2006)
SmithKline Beecham Corp. v. Teva Pharmaceuticals USA, Inc. (D.N.J. 2005)
Allen v. Leibinger (interference) (Other parties issued claims held unpatentable)
BAR AND COURT ADMISSIONS District of Columbia
New York
Registered Patent Attorney: U.S. Patent and Trademark Office
U.S. Court of Appeals for the Federal Circuit
U.S. District Court for the District of Columbia
Professional Organizations
The American Bar Association, Sections on Intellectual Property Law and Litigation, ITC Trial Lawyers Association, the New York State Bar Association and the District of Columbia Bar Association. | 