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Abby Parsons is a trial lawyer experienced in pharmaceutical patent and medical device cases. Abby has handled matters involving a range of technologies, from small molecule drug products and biologics to software for oilfield services and medical devices in venues across the country. Abby also consults on FDA matters and advises clients about investments in pharmaceutical royalty streams. 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, for example, transgender prisoners, veterans, and families in need of assistance.

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. District Court for the Western District of Texas

U.S. Patent and Trademark Office

Houston Intellectual Property Inn of Court

Houston Intellectual Property Law Association

NYIPLA

Matters

Secured ground-breaking injunctive relief for adequate medical care under the Eighth Amendment in first-ever class action lawsuit on behalf of all transgender prisoners in the custody of the Illinois Department of Corrections in pro bono matter brought in conjunction with the ACLU and Kirkland & Ellis. Cross-examined a lead witness for the defense at trial. Monroe v. Jeffreys, No. 18-cv-156 (S.D. Ill. Aug. 5, 2021).

Enforcing patent portfolio for demand response technology relating to smart thermostats in the Western District of Texas and the International Trade Commission against ecobee, Resideo, Itron, Alarm.com, and Xylem. See Causam Enterprises, Inc. v. ecobee, Inc., No. 21-cv-748 (W.D. Tex.) (pending); Causam Enterprises, Inc. v. Resideo Techs., Inc., No. 21-cv-749 (W.D. Tex.) (pending); Causam Enterprises, Inc. v. Itron, Inc., No. 21-cv-750 (W.D. Tex.) (pending); Causam Enterprises, Inc. v. Alarm.com, Inc., No. 21-cv-751 (W.D. Tex.) (pending); Causam Enterprises, Inc. v. Xylem Inc., No. 21-cv-752 (W.D. Tex.) (pending); In re Certain Smart Thermostats, Load Control Switches and Components Thereof (Dkt. No. 3560, filed July 28, 2021) (pending).

Enforcing patents covering methods of using 222 nm far-UV light to disinfect air, surfaces, and skin in the battle against COVID-19 on behalf of High Energy Ozone, LLC in four pending district court actions. See Healthe, Inc. v. High Energy Ozone LLC, No. 6:20-cv-2233 (M.D. Fla.) (pending); High Energy Ozone, LLC v. Far UV Techs., No. 4:21-cv-345 (W.D. Mo.) (pending); High Energy Ozone, LLC v. Larson Electronics LLC, No. 3:21-cv-1166 (N.D. Tex.) (pending); High Energy Ozone, LLC v. Eden Park Illumination, Inc., No. 1:21-cv-2753 (N.D. Ill.) (pending).

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Matters

Secured ground-breaking injunctive relief for adequate medical care under the Eighth Amendment in first-ever class action lawsuit on behalf of all transgender prisoners in the custody of the Illinois Department of Corrections in pro bono matter brought in conjunction with the ACLU and Kirkland & Ellis. Cross-examined a lead witness for the defense at trial. Monroe v. Jeffreys, No. 18-cv-156 (S.D. Ill. Aug. 5, 2021).

Enforcing patent portfolio for demand response technology relating to smart thermostats in the Western District of Texas and the International Trade Commission against ecobee, Resideo, Itron, Alarm.com, and Xylem. See Causam Enterprises, Inc. v. ecobee, Inc., No. 21-cv-748 (W.D. Tex.) (pending); Causam Enterprises, Inc. v. Resideo Techs., Inc., No. 21-cv-749 (W.D. Tex.) (pending); Causam Enterprises, Inc. v. Itron, Inc., No. 21-cv-750 (W.D. Tex.) (pending); Causam Enterprises, Inc. v. Alarm.com, Inc., No. 21-cv-751 (W.D. Tex.) (pending); Causam Enterprises, Inc. v. Xylem Inc., No. 21-cv-752 (W.D. Tex.) (pending); In re Certain Smart Thermostats, Load Control Switches and Components Thereof (Dkt. No. 3560, filed July 28, 2021) (pending).

Enforcing patents covering methods of using 222 nm far-UV light to disinfect air, surfaces, and skin in the battle against COVID-19 on behalf of High Energy Ozone, LLC in four pending district court actions. See Healthe, Inc. v. High Energy Ozone LLC, No. 6:20-cv-2233 (M.D. Fla.) (pending); High Energy Ozone, LLC v. Far UV Techs., No. 4:21-cv-345 (W.D. Mo.) (pending); High Energy Ozone, LLC v. Larson Electronics LLC, No. 3:21-cv-1166 (N.D. Tex.) (pending); High Energy Ozone, LLC v. Eden Park Illumination, Inc., No. 1:21-cv-2753 (N.D. Ill.) (pending).

Enforcing patent for method of configuring gym system featured in fitness giant F45’s thousands of studios in the United States and abroad. Defeated motion to dismiss for lack of patent eligibility under section 101 before Judge Stark. F45 Training Pty Ltd. v. Body Fit Training USA Inc., No. 20-cv-1194 (D. Del.) (pending).

Represented TriOptima in patent and trade secret litigation involving OTC derivatives trading technology. TriOptima AB v. Quantile Techs. Ltd., No. 2:19-cv-390 (E.D. Tex. 2019).

Successfully resolved design patent infringement claims filed against Igloo by YETI. YETI Coolers, Inc. v. Igloo Prods. Corp., No. 4:21-cv-505 (S.D. Tex. June 2021).

Defending Hologic in patent litigation relating to its breast imaging system and prosecuting co-pending IPR before the PTAB. University of South Florida Research Foundation, Inc. v. Hologic, Inc., No. 20-cv-352 (D. Del.) (pending); IPR2021-00656 (PTAB) (pending).

Defending medical device company in patent case regarding breathable materials for ventilator tubing and successfully argued against FPH’s motion for summary judgment of infringement for Flexicare’s flagship VentiMyst product. Fisher & Paykel Healthcare Ltd. v. Flexicare Inc., No. 8:19-cv-835 (C.D. Cal.) (pending).

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.

Insights

Client Alert

June 13, 2017
The Age of Competition

Newsletter

January 25, 2017
International Food Law Gazette - January 2017

View all

Matters

Secured ground-breaking injunctive relief for adequate medical care under the Eighth Amendment in first-ever class action lawsuit on behalf of all transgender prisoners in the custody of the Illinois Department of Corrections in pro bono matter brought in conjunction with the ACLU and Kirkland & Ellis. Cross-examined a lead witness for the defense at trial. Monroe v. Jeffreys, No. 18-cv-156 (S.D. Ill. Aug. 5, 2021).

Enforcing patent portfolio for demand response technology relating to smart thermostats in the Western District of Texas and the International Trade Commission against ecobee, Resideo, Itron, Alarm.com, and Xylem. See Causam Enterprises, Inc. v. ecobee, Inc., No. 21-cv-748 (W.D. Tex.) (pending); Causam Enterprises, Inc. v. Resideo Techs., Inc., No. 21-cv-749 (W.D. Tex.) (pending); Causam Enterprises, Inc. v. Itron, Inc., No. 21-cv-750 (W.D. Tex.) (pending); Causam Enterprises, Inc. v. Alarm.com, Inc., No. 21-cv-751 (W.D. Tex.) (pending); Causam Enterprises, Inc. v. Xylem Inc., No. 21-cv-752 (W.D. Tex.) (pending); In re Certain Smart Thermostats, Load Control Switches and Components Thereof (Dkt. No. 3560, filed July 28, 2021) (pending).

Enforcing patents covering methods of using 222 nm far-UV light to disinfect air, surfaces, and skin in the battle against COVID-19 on behalf of High Energy Ozone, LLC in four pending district court actions. See Healthe, Inc. v. High Energy Ozone LLC, No. 6:20-cv-2233 (M.D. Fla.) (pending); High Energy Ozone, LLC v. Far UV Techs., No. 4:21-cv-345 (W.D. Mo.) (pending); High Energy Ozone, LLC v. Larson Electronics LLC, No. 3:21-cv-1166 (N.D. Tex.) (pending); High Energy Ozone, LLC v. Eden Park Illumination, Inc., No. 1:21-cv-2753 (N.D. Ill.) (pending).

See more
Icon close

Close

Matters

Secured ground-breaking injunctive relief for adequate medical care under the Eighth Amendment in first-ever class action lawsuit on behalf of all transgender prisoners in the custody of the Illinois Department of Corrections in pro bono matter brought in conjunction with the ACLU and Kirkland & Ellis. Cross-examined a lead witness for the defense at trial. Monroe v. Jeffreys, No. 18-cv-156 (S.D. Ill. Aug. 5, 2021).

Enforcing patent portfolio for demand response technology relating to smart thermostats in the Western District of Texas and the International Trade Commission against ecobee, Resideo, Itron, Alarm.com, and Xylem. See Causam Enterprises, Inc. v. ecobee, Inc., No. 21-cv-748 (W.D. Tex.) (pending); Causam Enterprises, Inc. v. Resideo Techs., Inc., No. 21-cv-749 (W.D. Tex.) (pending); Causam Enterprises, Inc. v. Itron, Inc., No. 21-cv-750 (W.D. Tex.) (pending); Causam Enterprises, Inc. v. Alarm.com, Inc., No. 21-cv-751 (W.D. Tex.) (pending); Causam Enterprises, Inc. v. Xylem Inc., No. 21-cv-752 (W.D. Tex.) (pending); In re Certain Smart Thermostats, Load Control Switches and Components Thereof (Dkt. No. 3560, filed July 28, 2021) (pending).

Enforcing patents covering methods of using 222 nm far-UV light to disinfect air, surfaces, and skin in the battle against COVID-19 on behalf of High Energy Ozone, LLC in four pending district court actions. See Healthe, Inc. v. High Energy Ozone LLC, No. 6:20-cv-2233 (M.D. Fla.) (pending); High Energy Ozone, LLC v. Far UV Techs., No. 4:21-cv-345 (W.D. Mo.) (pending); High Energy Ozone, LLC v. Larson Electronics LLC, No. 3:21-cv-1166 (N.D. Tex.) (pending); High Energy Ozone, LLC v. Eden Park Illumination, Inc., No. 1:21-cv-2753 (N.D. Ill.) (pending).

Enforcing patent for method of configuring gym system featured in fitness giant F45’s thousands of studios in the United States and abroad. Defeated motion to dismiss for lack of patent eligibility under section 101 before Judge Stark. F45 Training Pty Ltd. v. Body Fit Training USA Inc., No. 20-cv-1194 (D. Del.) (pending).

Represented TriOptima in patent and trade secret litigation involving OTC derivatives trading technology. TriOptima AB v. Quantile Techs. Ltd., No. 2:19-cv-390 (E.D. Tex. 2019).

Successfully resolved design patent infringement claims filed against Igloo by YETI. YETI Coolers, Inc. v. Igloo Prods. Corp., No. 4:21-cv-505 (S.D. Tex. June 2021).

Defending Hologic in patent litigation relating to its breast imaging system and prosecuting co-pending IPR before the PTAB. University of South Florida Research Foundation, Inc. v. Hologic, Inc., No. 20-cv-352 (D. Del.) (pending); IPR2021-00656 (PTAB) (pending).

Defending medical device company in patent case regarding breathable materials for ventilator tubing and successfully argued against FPH’s motion for summary judgment of infringement for Flexicare’s flagship VentiMyst product. Fisher & Paykel Healthcare Ltd. v. Flexicare Inc., No. 8:19-cv-835 (C.D. Cal.) (pending).

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.

Insights

Client Alert

June 13, 2017
The Age of Competition

Newsletter

January 25, 2017
International Food Law Gazette - January 2017

View all

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. District Court for the Western District of Texas

U.S. Patent and Trademark Office

Houston Intellectual Property Inn of Court

Houston Intellectual Property Law Association

NYIPLA