Sterne, Kessler, Goldstein & Fox
Firm overview:
From identifying crucial innovations to defence against infringers, Sterne Kessler possesses the capacity and skill to guide clients through the full range of patent matters. Design patent “guru” Perry Saidman was a founding partner of the firm’s predecessor, Snider, Sterne & Saidman, and it has maintained its position as a market-leader in design law for the four decades since.
Clients that have turned to the firm for help with protecting their product designs include Adidas, BlenderBottle (Trove Brands), Thule Group and World Centric. The firm also obtains utility patents across a broad range of technologies.
Sterne Kessler also has a strong team of trial attorneys “who absolutely know what they’re doing”, says a peer. The firm has handled design patent litigations resulting in millions of dollars in damages, and defended and enforced products including automotive parts, wind and solar power, medical devices, and footwear.
Team overview:
“Excellent” Tracy-Gene Durkin is widely renowned for her IP counseling practice, particularly in design law, and creates innovative strategies for clients based on more than 30 years of experience.
Key matters:
- Regents of the University of California v Broad Institute, Case No. 22-1594
The Federal Circuit is reviewing a dispute over who was first to invent a CRISPR-Cas9 gene-editing system. The Patent Trial and Appeal Board (PTAB) instituted an interference proceeding, and determined that the Broad Institute was the inventor.
The University of California claims that the PTAB applied the wrong standard in determining when conception occurred and that it used the CRISPR-Cas9 system well before the crowned patent owner did. Due to the ubiquity of CRISPR-Cas9 technology, this case has high stakes and will have a broader impact on the industry.
Elora Ellison of Sterne Kessler represented appellants the Regents of the University of California, the University of Vienna and Emmanuelle Charpentier represented by
Raymond Nimrod, co-chair of Quinn Emanuel’s Global Life Sciences practice, represented appellees the Broad Institute, Massachusetts Institute of Technology and the President and Fellows of Harvard College.
- Corcept Therapeutics v Teva Pharms USA No. 18-CV-03632 (RMB/LDW), 2023
Sterne Kessler secured a victory on behalf of Teva Pharmaceuticals in the US District Court for the District of New Jersey in a case involving a patent-infringement suit filed by Corcept Therapeutics. On December 29, 2023, the district court held that Teva did not infringe the two patents asserted at trial.
Saul Ewing and Quinn Emanuel represented plaintiff Corcept.
Clients:
Teva Pharmaceuticals, University of California.
