Kelsey McElveen is a trial attorney who focuses her practice on intellectual property litigation in the health and life sciences industry. Ms. McElveen has significant experience representing pharmaceutical companies in Hatch-Waxman cases, and has also handled patent litigation matters involving other complex technologies including semiconductor fabrication and mobile communications. Ms. McElveen understands the industry challenges her clients face and how to leverage litigation to advance their interests. Her strong science background not only enables her to understand the technology at issue in her cases, but also to clearly communicate those concepts to a court as an advocate. Ms. McElveen is also a registered patent attorney with the U.S. Patent and Trademark Office.
Before law school, Ms. McElveen earned a Bachelor’s degree in biology. She then attended the University of Minnesota Law School, where she graduated magna cum laude. During law school, Ms. McElveen worked as a judicial extern for the Honorable Michael J. Davis of the U.S. District Court for the District of Minnesota, and as an intern in the U.S. Attorney’s Office for the District of Minnesota. She also served as an editor of the Minnesota Law Review.
Ms. McElveen is also committed to pro bono work and community involvement. She is a member of the board of directors for the Minnesota Justice Foundation and she is a co-chair of the Associates’ Campaign for Legal Aid.
Trial counsel to Collegium Pharmaceutical in Collegium Pharmaceutical Inc. v. Teva Pharmaceuticals USA, a Hatch-Waxman litigation matter involving 14 Orange Book-listed patents for the oxycodone product Xtampza ER. The case resulted in a settlement in which defendant Teva agreed to a consent judgment confirming that its proposed generic products infringe on Collegium’s asserted patents. Under the settlement, Collegium will grant Teva a license to market its generic version of Xtampza ER in the United States beginning on or after September 2, 2033.
Represented defendant Amneal Pharmaceuticals in Amgen v. Amneal, a four-day Hatch-Waxman patent infringement trial before Judge Goldberg, sitting specially for the Federal District Court in Delaware. Obtained a defense finding of non-infringement on Amneal’s unique non-infringement defense that its proposed formulation of the drug Sensipar does not infringe Markush limitations of the asserted patent. The trial order and memorandum were issued on July 27, 2018. Amgen Inc. v. Amneal Pharmaceuticals LLC, 16-0853-GMS (consolidated) (D. Del.).
Represented Collegium Pharmaceutical, Inc. in a Hatch-Waxman patent litigation concerning a Section 505(b)(2) application for extended-release oxycodone. Purdue Pharma, L.P. v. Collegium Pharm., Inc., No. 15-13099-FDS (D. Mass.).
Represented Collegium Pharmaceutical, Inc. in a Hatch-Waxman patent litigation concerning Xtampza® ER. Collegium Pharm., Inc. v. Teva Pharms. USA, Inc., 18-0300-LPS (D. Del.).
Represented device manufacturer Ypsomed AG as a third-party in a Hatch-Waxman patent litigation. Sanofi-Aventis U.S. LLC v. Merck, Sharp & Dohme Corp., 16-0812-RGA (D. Del.).
Represented Amneal Pharmaceuticals LLC in multiple Hatch-Waxman patent litigations concerning oxymorphone. Endo Pharms. Inc. v. Amneal Pharms. LLC, No. 15-2023 (Fed. Cir.); Endo Pharms. Inc. v. Amneal Pharms. LLC, No. 17-1094 (Fed. Cir.).
Represented Amneal Pharmaceuticals in Genzyme Corp. et al. v. Amneal Pharms., 2-16-cv-3892-SRC (D.N.J.),a Hatch-Waxman patent litigation concerning Sanofi/Genzyme’s Clolar (clofarabine injection).
Represented Amneal Pharmaceuticals in Alza Corp. v. Amneal Pharmaceuticals of New York, LLC, 16-0914-RGA (D. Del.), a Hatch-Waxman patent litigation concerning Alza’s Concerta (methylphenidate hydrochloride).
- Minnesota Justice Foundation, Board Member
- Associates Campaign for Legal Aid, Co-Chair
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