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Bradford J. Badke
Partner
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Jim is an established lead trial counsel with numerous recent jury and bench trial victories in bet-the-company cases in courtrooms across the country. His litigation successes for client Nova Biomedical, which faced formidable opposition from three leading life sciences companies, are highlighted in a recent Forbes magazine article. Jim recently has been featured as American Lawyer's “Litigator of the Week” for his successes in the landmark Therasense inequitable conduct case.
Jim’s patent litigation and trial practice includes all technologies, but is focused primarily in the medical device, biotechnology and pharmaceutical industries, including litigation under the Hatch–Waxman Act. Jim is a pioneer in medical device patent litigation, having continuously litigated cases involving medical device patents for more than 25 years. His cases have involved a wide range of medical device technology, including blood glucose devices, surgical staplers, laparoscopic instruments and coronary stents. His cases in the pharmaceutical industry have included a number of life-saving drugs such as recombinant Factor VIII used in the treatment of hemophilia. Based on his extensive experience in life sciences cases, Jim is featured as Euromoney’s “Life Sciences Star” by LMG Life Sciences 2012.
Jim has received extensive positive feedback from clients and attorney ranking institutions.
- Chambers USA ranked Jim as a leading lawyer "on the back of extensive praise for his trial skills," and quoted a client who said "his cross examination skills are the best I've seen, he's good on his feet, and he quickly establishes a real presence and credibility with the jury."
- International Asset Management (IAM) Magazine named Jim one of the world’s leading patent litigators, noting that he was a “client favorite.” In interviews conducted by IAM, clients are quoted as saying that Jim “is convenient to work with, accessible and quick to act” and “has the ability to move away from the jargon and build a persuasive case that ordinary laymen can grasp, connecting him well with a jury.”
- Therasense, Inc. (Abbott Laboratories) v. Becton Dickinson & Co. and Nova Biomedical Corp.: Represented Nova and Becton, Dickinson and Company in a patent infringement suit involving four U.S. patents relating to blood glucose test strips. Prevailed on all four patents. Two of the four patents were disposed of on summary judgment (both declared not infringed and one invalid), the third patent was declared both invalid and unenforceable due to inequitable conduct after a six-day bench trial, and the fourth patent was invalidated on two separate grounds after a three-week jury trial. The Court also found the case to be exceptional and awarded our clients their attorneys’ fees. All judgments in this case were affirmed by the Court of Appeals for the Federal Circuit though one issue, inequitable conduct, was reconsidered by the Court en banc. Jim argued before the en banc court on this issue, and on remand, prevailed again on inequitable conduct.
- Medtronic MiniMed, Inc. v. Nova Biomedical Corp. et al.: Represented Nova in a misappropriation of trade secrets suit relating to a blood glucose meter and three other causes of action. Prevailed on all causes of action after a three-week jury trial in Los Angeles federal court. The trial judge later stated that the case had been “exceptionally tried.”
- Roche Diagnostics Operations, Inc. and Corange Int’l Ltd. v. Nova Biomedical Corp. et al.: Successfully led a team representing Nova in a patent infringement case involving two patents relating to blood glucose test strips asserted by Roche Diagnostics. In that case, the court ruled on summary judgment that Nova does not infringe either patent after a successful Markman ruling in Nova’s favor.
- PerkinElmer Inc. et al. v. Intema Ltd.: Successfully led a team representing PerkinElmer in a case involving a patent relating to a Down's Syndrome screening method. In that case, the court ruled on summary judgment that the claims are invalid as both anticipated and obvious, and dismissed the case.
- Novartis Vaccines v. Wyeth (Pfizer): Leads a team set to try a patent infringement case in April 2012 in the Eastern District of Texas on recombinant Factor VIII for hemophiliacs.
- King Pharmaceuticals (Pfizer) v. Teva: Lead a team in an ANDA case on the Epipen® auto injector used to deliver epinephrine, set to be tried in February 2012 in the District of New Jersey. The decision is pending.
- Intendis Inc., et al. v. River’s Edge Pharmaceuticals: Leads a team in a case pending in New Jersey based on an ANDA filing relating to Desonate®, a dermatology product.
- Koninklijke Philips Electric v. Coby Electronics Corp.: Leads a team in a breach of contract and tortious interference case concerning DVD technology pending in the New York Supreme Court.
Honors & Awards
- Chambers USA: America's Leading Lawyers for Business (2011)
- American Lawyer “Litigator of the Week,” (April 2012)
- IAM 250: “World’s Leading Patent Litigators” (2011)
- LMG Life Sciences: “Life Sciences Star” (2012)
- Benchmark Appellate: Federal Circuit “star” (2011)
- New York Super Lawyers (2006-2012)
- Lawdragon 3000: Leading Lawyers in America (2006)
- Lawdragon 500: "New Stars, New Worlds"
©1996-2012 Ropes & Gray LLP. All rights reserved.
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Education
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JD, cum laude, University at Buffalo Law School, The State University of New York, 1982
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Basic Medical Sciences, University of Medicine and Surgery, Rome, Italy, 1978
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BA (Chemistry), Hofstra University, 1976
Bar Admissions
- New York
- U.S. Patent and Trademark Office
Courts
- Supreme Court of the United States
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Southern District of New York
- U.S. District Court for the Northern District of New York
Memberships & Affiliations
- American Intellectual Property Law Association
- New York Intellectual Property Law Association
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