Wanda D. French-Brown Partner

An accomplished patent litigation attorney, Wanda is creative, analytical and able to focus on the overall picture to develop litigation strategies that align with her clients’ business objectives. Wanda has represented clients involved in patent infringement matters in federal courts, the U.S. International Trade Commission, and Patent Trial and Appeals Board.

She represents clients in a range of technologies, including wireless communication and mobile devices, LCD and LED technology, biotechnology, medical devices, healthcare diagnostics, and pharmaceuticals with a concentration in Hatch-Waxman litigation.

With a decade of experience working as a registered pharmacist in the healthcare and pharmaceutical fields, Wanda is well-versed in Food and Drug Administration guidelines created by the Hatch-Waxman and Biologics Price Competition and Innovation acts, which are crucial to the entry of generic and biosimilar pharmaceutical products. Wanda counsels pharmaceutical clients about the scope and coverage of patents, new drug product exclusivity and litigation strategies related to Paragraph IV certifications filed under the Hatch-Waxman Act.

Experience

Representative Patent Litigation Experience

Lead counsel representing Biogen and Genentech before the Federal Circuit involving an appeal from a final decision in an inter partes review proceeding before Patent Trial and Appeals Board. Biogen Inc. v. Iancu, No.  19-1364, in the U.S. Court of Appeals for the Federal Circuit

Represented Eagle Pharmaceuticals in Hatch-Waxman 505(b)(2) patent litigation involving the drug pemetrexed. Achieved a claim construction victory, which resulted in a favorable settlement before the end of a 7-day bench trial. Eli Lilly and Co. v. Eagle Pharmaceuticals, Inc. (D. Del.)

Represented an American pharmaceutical company in Hatch-Waxman ANDApatent litigation involving its Sprycel® brand kinase inhibitor products. The court adopted proposed constructions for all 15 terms in dispute. The case resulted in a favorable settlement for the client. Bristol Myers Squibb Co. v. Apotex (D.N.J.)

Represented a leading multinational technology corporation in a Section 337 proceeding before the U.S. International Trade Commission in a patent infringement action involving LTE and 3GPP technology, which resulted in a favorable settlement. Certain Wireless Communication Equipment and Articles Therein (ITC)

Represented the Complainant in a Section 337 proceeding before the U.S. International Trade Commission in a patent infringement action involving Liquid Crystal Display (LCD) technology. Certain Liquid Crystal Display Devices, including Monitors, Televisions, and Modules and Components (ITC)

Represented an American pharmaceutical company in patent infringement action involving pharmaceutical products for the treatment of hepatitis C virus infection. Obtained a claim construction ruling in favor of the client, which resulted in a win on summary judgment for infringement. Gilead Sciences Inc. v. Merck & Co. Inc., et al. (N.D. Cal.)

Represented a Defendant in a Section 337 proceedings before the U.S. International Trade Commission in a patent infringement action involving LED (Light Emitting Diode) technology and products.  Certain Light-Emitting Diode Products, Systems, and Components Thereof (ITC)

Represented an international based pharmaceutical company in a patent litigation involving Polymerase chain reaction (PCR) diagnostic testing kits.

Represented a British pharmaceutical company in patent infringement litigation involving its Paxil® brand antidepressant products, which resulted in a favorable settlement.

Represented a U.S.-based pharmaceutical company in Hatch-Waxman ANDA patent litigation involving its Clarinex® brand antihistamine products against 21 generic defendants. Obtained consent judgments with injunctions against all defendants. In Re: Desloratadine Patent Litigation (D. N.J.)

Represented a medical device manufacturer in defense of patent infringement involving fiberoptic intra-aortic balloon catheters and pumps. Developed a pretrial strategy that resulted in a favorable settlement agreement shortly after serving invalidity contentions and before the start of fact discovery.

Represented TC Heartland in inter partes review petitions before the U.S. Patent and Trademark Office while concurrently defending TC Heartland in a district court patent infringement action and a writ of mandamus appeal before the Federal Circuit. Kraft Food Groups LLC v. TC Heartland LLC (D. Del.)

Represented a financial services company in defense of patent infringement involving its prepaid card products. Successfully eliminated a claim against the defendant for over $100 million in past damages and future royalties. PrivaCash, Inc. v. American Express Co. (W.D. Wis.)

Representative Commercial Litigation Experience

Represented a multinational biotechnology company in connection with investigation of potential claims related to theft of trade secrets.

Represented a pharmaceutical development company in an action alleging intentional breach of contract and fraud in connection with that company’s acquisition of a bioscience company.

Represented a pharmaceutical company in products liability actions involving a formerly marketed pharmaceutical drug product.

Represented a medical device manufacturer in a multi-district products liability action.

  • Seton Hall University School of Law, JD, magna cum laude, Intellectual Property Law Concentration, Impact (Appellate) Litigation Clinic
  • Rutgers University College of Pharmacy, BS

Law360’s Intellectual Property Editorial Advisory Board, 2020

International Trade Commission Trial Lawyers Association

New York Intellectual Property Law Association

American Bar Association: Intellectual Property Section

New York City Bar Association

Minorities in the Profession Committee, 2015-2019

Diversity Pipeline Initiatives Committee, 2013-2014

New Jersey Intellectual Property Law Association

National LGBT Bar Association

  • New Jersey
  • New York
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the District of New Jersey

Named to "Top 100", The National Black Lawyers, 2019

Named to “New York Super Lawyers Rising Stars,” IP Litigation, Super Lawyers, Thomson Reuters, 2016-2018

Named to "Top 40 Under 40", The National Black Lawyers, 2015

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