LMG Life Sciences | Page 87

INTELLECTUAL PROPERTY SPONSORED BIOGRAPHIES KEVIN W. McCABE STERNE, Director Tel: Fax: Email: KESSLER, GOLDSTEIN & FOX 202 772 8856 202 371 2600 [email protected] H. KEETO SABHARWAL STERNE, Director Tel: Fax: Email: KESSLER, GOLDSTEIN & FOX 202 772 8511 202 371 2600 [email protected] Kevin W. McCabe is a director in the Biotechnology/Chemical Group and in the Litigation Group at intellectual property specialty law firm Sterne, Kessler, Goldstein & Fox. He represents clients in complex multi-jurisdiction, multi-party, and multi-patent litigations, including Paragraph IV ANDA litigations. He has argued interference cases before The Board of Patent Appeals and Interferences and has participated in appeals to the Federal Circuit. Mr. McCabe further specializes in complex client counseling issues, such as product clearance opinions, patent validity and infringement opinions, performing due diligence investigations, and drafting and negotiating agreements. Mr. McCabe also has extensive experience in reexaminations, especially those concurrently involved in litigation. Mr. McCabe has extensive experience in drafting and prosecuting patent applications in the biotechnology and chemical areas. The patent applications that he has prepared and prosecuted range from medical devices and medical equipment, software, bioinformatics, immunology, microbiology, molecular and cellular biology, biochemistry, immunodiagnostic assays, and therapeutic methods. He has represented a broad range of clients, from Fortune 100 companies and large international conglomerates to non-profit foundations and small start-up companies. Mr. McCabe’s graduate studies related to creating chimeric antibodies. Before his legal career, he worked for several years for a notable biotech company on creating chimeric adenoviruses. For the past several years, Mr. McCabe has been an officer of the Giles Rich American Inn of Court. Representative Client Matters • CSP Technologies v. Süd-Chemie, Inc. – Represented Süd-Chemie in a transnational dispute over desiccant containers. • Tabor v. Chatterjee – Defended Chatterjee in an interference pertaining to recombinant enzymes. • Zadno-Azizi v. Tsugita – Represented Zadno-Azizi (Medtronic) in an appeal to the Federal Circuit from an interference over catheter technology. • Conducted a major due diligence on behalf of an acquiring company (deal valued at close to $1 billion), including the evaluation of multiple world-wide patent disputes, plus the target company’s IP. • Principal reexamination counsel for a major medical device company. In that role, filed reexams against multiple families of patents that had been asserted against the medical device company. All of the reexamination requests were accepted. • Devised and implemented a patent enforcement strategy for a midsize pharmaceutical company involving an orphan drug. Admissions Virginia District of Columbia United States Court of Appeals for the Federal Circuit United States Court of Appeals for the Fourth Circuit United States Patent and Trademark Office Memberships American Bar Association American Intellectual Property Law Association Inn Counselor, Giles Sutherland Rich American Inn of Court Virginia Bar Association An accomplished trial lawyer, H. Keeto Sabharwal concentrates his practice in the area of patent litigation at intellectual property specialty law firm Sterne, Kessler, Goldstein & Fox. For more than 15 years, he has litigated and tried patent cases in federal courts throughout the United States and before the United States International Trade Commission, involving a variety of pharmaceutical, chemical, computer hardware and software, and medical device products. Prior to entering private practice, Mr. Sabharwal served as a federal law clerk to the Honorable Michael J. Davis in the United States District Court, District of Minnesota. He is currently serving, and has served, as lead trial counsel in many patent cases on behalf of both plaintiffs and defendants, including: Recent Client Results • AstraZeneca Pharmaceuticals LP v. Glenmark Generics, Inc. (D. Del.) (obtained dismissal of complaint involving method-of-use patents relating to rosuvastatin calcium (Crestor®) on behalf of Glenmark Generics). • Takeda Pharmaceuticals Co. v. Torrent Pharmaceuticals Ltd., et al. (S.D.N.Y.) (obtained favorable settlement on behalf of Torrent Pharmaceuticals Ltd. in Abbreviated New Drug Application (ANDA) case involving pioglitazone (ACTOS®)). • GlaxoSmithKline v. Glenmark Generics, Inc. (D. Del.) (obtained favorable settlement on behalf of Glenmark Generics, Inc. in ANDA case involving atovaquone / proquanil (MALARONE®)). • Nutrition 21, Inc. et al. v. General Nutrition Company (E.D. Tex.) 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