Pablo is a partner in the IP litigation group, specializing in pharmaceutical (e.g., Hatch Waxman) and medical device patent litigation. Pablo offers a unique combination of skills as a research chemical engineer, inventor, and attorney with nearly 20 years of experience with patent infringement, about 15 years of which are primarily focused on pharmaceutical and medical device litigation. Pablo uses his extensive skill set to provide a highly focused, reasoned approach to problem solving. This approach has served him and his clients well. In industry, as a research engineer for Amoco Oil, he was awarded two patents. In law, clients such as AstraZeneca and Purdue Pharma have benefited from his approach. Pablo’s litigation experience includes serving as lead counsel and ranges from pre-discovery diligence, preliminary injunction proceedings, trial and appeals. Highlights of his patent cases include AstraZeneca’s PULMICORT RESPULES® litigations, Purdue’s OxyContin® litigations, and Symbol Technologies et al. v. Lemelson Foundation, which remains the biggest “defense” win in U.S. patent litigation history.
- AstraZeneca v. Apotex. Ongoing ANDA litigation involving patents concerning inhalation medication for the treatment of asthma. After a six-day trial, obtained a temporary restraining order and preliminary injunction, preventing Apotex from launching its generic of AstraZeneca’s pediatric asthma drug, PULMICORT RESPULES®.
- AstraZeneca v. Ivax. ANDA litigation involving patents concerning inhalation medication for the treatment of asthma. After a one-day bench trial, the Court denied IVAX’s summary judgment motion of noninfringement. Subsequently, after an at-risk launch, the Court granted motion for a temporary restraining order preventing Teva (formerly Ivax) from continuing sales of its generic of AstraZeneca’s pediatric asthma drug, PULMICORT RESPULES®, and ordered Teva write its customers requesting recall of the launched products.
- Purdue v. KV and Actavis. ANDA litigation involving patents concerning Purdue’s controlled release oxycodone medication OxyContin®. After a one-day bench trial, the Court found that the Purdue patents were enforceable and had not been procured through inequitable conduct. The parties settled the lawsuit before the remaining issues in the case could be tried. The settlement included the entry of a Consent Judgment favorable to Purdue.
- Purdue v. Endo. ANDA litigation involving patents concerning controlled release oxycodone medication OxyContin®. After a panel of the Federal Circuit affirmed a finding of infringement and unenforceability, successfully managed to have the same panel reconsider its decision and vacate the finding of unenforceability, resulting in a remand and settlement by which Endo agreed to withdraw its generic drug from the market. In January 2008, the District Court reversed its original decision and found that the Purdue patents were not unenforceable and had not been procured through inequitable conduct.
- Symbol Technologies et al. v. Lemelson Foundation. Obtained judgment, affirmed on appeal, of noninfringement, invalidity, and unenforceability against Lemelson’s bar code and machine vision technology patents, previously licensed to more than 1,000 companies from which Lemeson had collected more than $1.5 billion.
- Medical device litigations include Olympus v. Given and Medtronic v. Arrow-Therex.
Click here for a full case list.
Honors & Awards
©1996-2012 Ropes & Gray LLP. All rights reserved.
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Education
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JD, Northwestern University School of Law, 1994
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BS (Chemical Engineering), magna cum laude, The University of Michigan, 1989; Tau Beta Pi
Bar Admissions
- New York
- U.S. Patent and Trademark Office
Courts
- U.S. Court of Appeals for the Federal Circuit
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Southern District of New York
Memberships & Affiliations
- Association of the Bar of the City of New York (Patent Committee, 2008-present)
- Federal Circuit Bar Association
- New York Intellectual Property Law Association
- Intellectual Property Owners Association
- American Bar Association
- New York State Bar Association
- American Chemical Society
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