People

Abby litigates complex intellectual property cases. She has particular experience in preparing for and litigating patent cases under the Hatch-Waxman Act, obtaining approval from the FDA to market pharmaceutical products, and advising clients about investments in pharmaceutical royalty streams. Abby writes and speaks extensively about the Biologics Price Competition and Innovation Act and its growing impact on our pharmaceutical clients. Abby is a key player on any team.

Abby routinely handles large-scale electronic discovery, motions practice, depositions, witness preparation, trial preparation, and trial. She also has experience litigating trademarks and trade secrets, as well as drafting, prosecuting, and counseling clients on patent portfolios. Abby is passionate about pro bono work, representing clients to obtain veteran’s benefits and in family law matters.

Full Bio

Credentials

J.D., The University of Iowa College of Law

B.A. Human Biology, University of Northern Iowa, summa cum laude

Illinois

Texas

U.S. Court of Appeals for the Federal Circuit

U.S. District Court for the District of Colorado

U.S. District Court for the Eastern District of Texas

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Southern District of Texas

U.S. District Court for the Western District of Michigan

U.S. Patent and Trademark Office

Houston Intellectual Property Inn of Court

Houston Intellectual Property Law Association

NYIPLA

Matters

Defeated motion to transfer venue and settled trademark infringement, unfair competition, and false advertising suit during discovery relating to Chevron's bulk lubricants. Chevron Intellectual Property LLC v. AEG Petroleum LLC, No. 4:18-cv-3133 (S.D. Tex. Sept 2020).

Secured summary judgment of liability for trademark infringement and related torts, followed by jury verdict and post-trial enhancement of damages totaling more than $15M plus $2M in attorneys' fees. Chevron Intellectual Property LLC v. Sariel Petroleum, LLC, No. 4:18-cv-158 (S.D. Tex. 2020).

Obtained judgment of infringement under the doctrine of equivalents and validity of patents covering Oracea, a once-daily doxycycline product used to treat rosacea. Galderma Labs., LP v. Sun Pharm. Indus. Ltd., No. 16-cv-1003 (D. Del. Oct. 2019).

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Matters

Defeated motion to transfer venue and settled trademark infringement, unfair competition, and false advertising suit during discovery relating to Chevron's bulk lubricants. Chevron Intellectual Property LLC v. AEG Petroleum LLC, No. 4:18-cv-3133 (S.D. Tex. Sept 2020).

Secured summary judgment of liability for trademark infringement and related torts, followed by jury verdict and post-trial enhancement of damages totaling more than $15M plus $2M in attorneys' fees. Chevron Intellectual Property LLC v. Sariel Petroleum, LLC, No. 4:18-cv-158 (S.D. Tex. 2020).

Obtained judgment of infringement under the doctrine of equivalents and validity of patents covering Oracea, a once-daily doxycycline product used to treat rosacea. Galderma Labs., LP v. Sun Pharm. Indus. Ltd., No. 16-cv-1003 (D. Del. Oct. 2019).

Representing Army Veteran battling the VA for service-connected benefits and back-pay.

In CBM proceedings before the PTAB, invalidated two patents relating to online payment systems under Section 101 on behalf of the Federal Reserve BanksFed. Reserve Bank of Atlanta et al. v. Bozeman Financial LLC, CBM2017-00035, -00036 (PTAB July 2018). The judgment was affirmed by the Federal Circuit. No. 19-1018 (April 2020).

Successfully resolved patent infringement suit on behalf of Plaintiff LifeNet Health relating to its soft tissue grafts products.

Successfully resolved Hatch-Waxman litigation on behalf of co-Plaintiff Alfasigma S.p.A.relating to rifaximin.

Successfully resolved three large-scale IP arbitration matters for an oilfield services company concerning patents relating to fracking services and downhole monitoring.

Defeated petition to modify custody on behalf of pro bono client in one-day bench trial in Harris County civil court and obtained an order to increase child support obligations.

Represented pharmaceutical company in seven-week bench trial in the District of New Jersey to invalidate a patent on a $1 billion per year drug for treating asthma in children. The district court’s decision was affirmed on appeal.

Represented pharmaceutical company in a week-long bench trial in the District of Delaware relating to a method of treatment patent for end-stage renal disease.

Represented pharmaceutical companies in Hatch-Waxman litigation relating to a wide range of drug products, including: budesonide, caspofungin, doxercalciferol, galantamine, levoceterizine, metformin, repaglinide, and ropivacaine.

Represented defendant in two-week bench trial relating to allegations of inequitable conduct concerning a patent covering software for wind turbines in the Northern District of Texas.

Represented tobacco company and defeated allegations of patent infringement and a $1 billion damages claim in a six-week jury trial in the District of Maryland. Obtained jury verdict in client’s favor on all claims and defenses, and the judgment of non-infringement was affirmed on appeal.

Matters

Defeated motion to transfer venue and settled trademark infringement, unfair competition, and false advertising suit during discovery relating to Chevron's bulk lubricants. Chevron Intellectual Property LLC v. AEG Petroleum LLC, No. 4:18-cv-3133 (S.D. Tex. Sept 2020).

Secured summary judgment of liability for trademark infringement and related torts, followed by jury verdict and post-trial enhancement of damages totaling more than $15M plus $2M in attorneys' fees. Chevron Intellectual Property LLC v. Sariel Petroleum, LLC, No. 4:18-cv-158 (S.D. Tex. 2020).

Obtained judgment of infringement under the doctrine of equivalents and validity of patents covering Oracea, a once-daily doxycycline product used to treat rosacea. Galderma Labs., LP v. Sun Pharm. Indus. Ltd., No. 16-cv-1003 (D. Del. Oct. 2019).

See more
Icon close

Close

Matters

Defeated motion to transfer venue and settled trademark infringement, unfair competition, and false advertising suit during discovery relating to Chevron's bulk lubricants. Chevron Intellectual Property LLC v. AEG Petroleum LLC, No. 4:18-cv-3133 (S.D. Tex. Sept 2020).

Secured summary judgment of liability for trademark infringement and related torts, followed by jury verdict and post-trial enhancement of damages totaling more than $15M plus $2M in attorneys' fees. Chevron Intellectual Property LLC v. Sariel Petroleum, LLC, No. 4:18-cv-158 (S.D. Tex. 2020).

Obtained judgment of infringement under the doctrine of equivalents and validity of patents covering Oracea, a once-daily doxycycline product used to treat rosacea. Galderma Labs., LP v. Sun Pharm. Indus. Ltd., No. 16-cv-1003 (D. Del. Oct. 2019).

Representing Army Veteran battling the VA for service-connected benefits and back-pay.

In CBM proceedings before the PTAB, invalidated two patents relating to online payment systems under Section 101 on behalf of the Federal Reserve BanksFed. Reserve Bank of Atlanta et al. v. Bozeman Financial LLC, CBM2017-00035, -00036 (PTAB July 2018). The judgment was affirmed by the Federal Circuit. No. 19-1018 (April 2020).

Successfully resolved patent infringement suit on behalf of Plaintiff LifeNet Health relating to its soft tissue grafts products.

Successfully resolved Hatch-Waxman litigation on behalf of co-Plaintiff Alfasigma S.p.A.relating to rifaximin.

Successfully resolved three large-scale IP arbitration matters for an oilfield services company concerning patents relating to fracking services and downhole monitoring.

Defeated petition to modify custody on behalf of pro bono client in one-day bench trial in Harris County civil court and obtained an order to increase child support obligations.

Represented pharmaceutical company in seven-week bench trial in the District of New Jersey to invalidate a patent on a $1 billion per year drug for treating asthma in children. The district court’s decision was affirmed on appeal.

Represented pharmaceutical company in a week-long bench trial in the District of Delaware relating to a method of treatment patent for end-stage renal disease.

Represented pharmaceutical companies in Hatch-Waxman litigation relating to a wide range of drug products, including: budesonide, caspofungin, doxercalciferol, galantamine, levoceterizine, metformin, repaglinide, and ropivacaine.

Represented defendant in two-week bench trial relating to allegations of inequitable conduct concerning a patent covering software for wind turbines in the Northern District of Texas.

Represented tobacco company and defeated allegations of patent infringement and a $1 billion damages claim in a six-week jury trial in the District of Maryland. Obtained jury verdict in client’s favor on all claims and defenses, and the judgment of non-infringement was affirmed on appeal.

Credentials

J.D., The University of Iowa College of Law

B.A. Human Biology, University of Northern Iowa, summa cum laude

Illinois

Texas

U.S. Court of Appeals for the Federal Circuit

U.S. District Court for the District of Colorado

U.S. District Court for the Eastern District of Texas

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Southern District of Texas

U.S. District Court for the Western District of Michigan

U.S. Patent and Trademark Office

Houston Intellectual Property Inn of Court

Houston Intellectual Property Law Association

NYIPLA