Matthew McFarlane

Counsel in obtaining summary judgment of non-infringement for General Electric in the defense of a patent litigation lawsuit brought by a former GE employee in the United States District Court for the Northern District of Illinois. Technology relates to computer numerical controlled milling machines.

Represented Quest Diagnostics Incorporated in multi-district patent infringement litigation involving Myriad Genetics’ patents for genetic-based tests to detect genes linked to hereditary cancer. Obtained a dismissal of all claims. In re: BRCA1- and BRCA2-Based Hereditary Cancer Test Patent Litigation, No. 2:14-MD-02510-RJS (D. Utah).

Promega Corporation v. Applied Biosystems, LLC, Life Technologies Corporation, and California Institute of Technology: Judge Richard A. Posner ruled in favor of our client, Promega Corporation, in a suit that it initiated against one of its competitors. In an opinion dated June 12, 2013 from the U.S. District Court for the Northern District of Illinois, Judge Posner ruled that certain claims of U.S. Patent No. RE43,096, asserted against Promega, are invalid. Promega prevailed in its arguments that the claims of the ’096 patent were invalid due to the breadth of the claim constructions that Defendants sought and obtained. Certain asserted claims were invalid for lack of written description support. While the patent describes an improvement to DNA sequencing, the breadth of the claims encompassed technologies that Caltech did not invent, including the PCR-based methods on which Promega’s accused products are based. The asserted claims were additionally invalid as anticipated or obvious in view of the prior art, including a prior art patent to Caltech, which expired years ago. Judge Posner also found certain claims invalid for obviousness type double patenting. Defendants appealed various aspects of Judge Posner’s decision and the judgment. Six days after oral argument, the Federal Circuit summarily affirmed the judgment, awarding Promega a complete victory in the case.

Represented a UK-based inventor in a lawsuit seeking declaratory judgment of non-infringement and invalidity of patent claims covering testing methods for Down syndrome during pregnancy.

Represented a Japanese laboratory in a patent infringement lawsuit involving genetically engineered mice.

Represented a domestic agricultural biotechnology company in a patent infringement, patent licensing, and antitrust lawsuit involving genetically modified agricultural products.

Represented a Swiss pharmaceutical company in a patent infringement jury trial and subsequent appeal in a case involving analogs of recombinant therapeutic proteins.

Represented a domestic biotechnology company and Boston-area universities in a patent infringement jury trial and subsequent appeal in a case involving immune system treatment methods.

Represented domestic pharmaceutical companies in a patent litigation involving methods for the recombinant expression of proteins.

Defended a domestic pharmaceutical company in a Hatch-Waxman litigation concerning generic pharmaceutical products.

Provided freedom to operate opinions and pre-litigation counseling for a large domestic biotechnology company concerning therapeutic antibodies.

Represented a large domestic biotechnology company in a patent litigation involving bacterially-produced recombinant therapeutic proteins.

Past results are reported to provide the reader with an indication of the type of litigation we practice. They do not and should not be construed to create an expectation of result in any other case, as all cases are dependent upon their own unique fact situation and applicable law.