Represented Amneal Pharmaceuticals in a Hatch-Waxman patent litigation concerning a drug for treating pain. I am on the appellate team handling the case at the Federal Circuit. Endo Pharms. Inc. v. Amneal Pharms. LLC, No. 15-2023 (Fed. Cir.). I am also on the trial team in a related case (same drug but different asserted patents) in the District of Delaware. Endo Pharms. Inc. v. Amneal Pharms. LLC, Civ. No. 1:14-cv-01382-RGA (D. Del.).
Represented Torrent Pharmaceuticals in a Hatch-Waxman patent litigation concerning a drug for treating COPD. The case is in its infancy and I am leading pre-trial analysis and discovery efforts. Takeda GmbH v. Torrent Pharms. Ltd., 3:15-cv-03375-FLW-DEA (D.N.J.).
Represented Vesture Group, Inc. and its retailer co-defendants, J. C. Penney Corp., Inc., Burlington Stores, Inc., and Sears, Roebuck and Co., in defense of trademark infringement claims concerning the mark “Pinky” used in girls’ clothing. We are currently awaiting resolution of Defendants’ motion to dismiss. Pulse Creations, Inc. v. Vesture Group, Inc., 1:15-cv-02496-KPF (S.D.N.Y.)
Represented Novel Laboratories, Inc., in a Hatch-Waxman patent litigation concerning a drug for treating middle-of-the-night-insomnia. Mr. Langer was part of the team that successfully tried the case (over eleven days) and achieved a final judgment that the claims asserted against Novel Laboratories, Inc. were invalid as obvious. Purdue Pharma. Products L.P. v. Actavis Elizabeth LLC, 2:12-cv-05311-JLL-JAD (D.N.J.). The Federal Circuit summarily affirmed the district court’s decision.
Represented Novel Laboratories Inc., in a Hatch-Waxman patent litigation concerning pre-colonoscopy bowel prep drug. Mr. Langer was part of the original trial team that ultimately was successful on appeal at the Federal Circuit, and recently tried the remanded case in the District Court. Braintree Labs., Inc. v. Novel Labs., Inc., 749 F.3d 1349 (Fed. Cir. 2014).
Represented Digital River, Inc., an online e-commerce company, against class action complaint alleging a violation of the New Jersey Consumer Fraud Act and other state law claims. Mr. Langer was the principal drafter of defendants’ motion to dismiss, which ultimately resulted in a settlement for the parties. Augustine v. SWReg, Inc., 3:13-cv-2007-PGS-LHG (D.N.J.).
Represented Alcatel-Lucent USA Inc. against counterclaims asserting patent infringement concerning technology associated with router redundancy architecture and methods of employing the same. Mr. Langer took and defended several depositions, and took a leading role in drafting claim construction and dispositive motion briefs prior to the settlement of the counterclaims. Alcatel-Lucent USA Inc. v. Amazon.com, Inc., 6:09-cv-422-LED (E.D. Tex.).
Represented IDT Corp., a global telecommunications company in New York state appeal of contractual dispute concerning transfer of telecommunications capacity in a subsea fiber-optic network. Retained as appellate counsel, Mr. Langer assisted in successfully reversing a lower court judgment concerning a contingent precedent and the breach of the duty to negotiate in good faith. IDT Corp. v. Tyco Group S.A.R.L., Index No. 652097/10 (N.Y. Appellate Division, First Department).
Represented SPI Pharma, Inc., a food and drug excipient manufacturer, against claims of patent infringement concerning sugar polyol additive. Mr. Langer managed the effort during claim construction, fact and expert discovery, which resulted in a JMOL decision at trial, and ultimately a settlement for the parties. Roquette Freres v. SPI Pharma, Inc., 06-540 GMS (D. Del.). (Prior to joining Robins Kaplan LLP)
Represented Daiichi Sankyo, a Japanese pharmaceutical company and its U.S. subsidiary, in Hatch-Waxman patent infringement action against generic company seeking to market generic equivalent of topical antibiotic ear drop medication. Mr. Langer was an important member of the team and participated in all aspect of the litigation from drafting pleadings through to a trial opinion that held that the patent was infringed and not invalid. Daiichi Sankyo Co., Ltd. v. Apotex Inc., 2:03-cv-00937-WGB-MCA (D.N.J.). (Prior to joining Robins Kaplan LLP)