Michael V. O'Shaughnessy
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Michael V. O'Shaughnessy

Shareholder

Alexandria, VA
 
 
 

How Michael Helps Clients

Michael assists biotech and pharmaceutical companies with patent litigation, portfolio management, patent prosecution and patent licenses. He also helps clients with all aspects of patent monetization or acquisition, including due diligence, strategy development, negotiation, drafting and execution of agreements.

His clients are innovator companies whose products include technologies related to antibodies, vaccines, pharmaceuticals, chemicals, nutrition and medical devices. He is experienced in litigation under the Hatch-Waxman Act (ANDA) as well as the Biologics Price Competition and Innovation Act (BPCIA).

Michael has extensive experience in inter partes proceedings before the Patent Trial and Appeal Board and has represented clients in U.S. district courts, before the International Trade Commission and in appeals before the United States Court of Appeals for the Federal Circuit.

What Clients Can Expect

Michael works hard to help his clients protect their IP rights and to help them commercialize products to ensure they get the most value out of their products. He understands his clients’ industries and has the ability to take complex concepts and technology and present them in an understandable manner to audiences outside the industry, such as juries.

Every step of a case requires an emphasis on how a jury (and judge) will receive and understand extremely complex evidence and arguments. I focus on developing deep and comprehensive strategies, tying evidence together, and making the issues clear and relatable.

Outside the Office

Outside the office, Michael spends a lot of his time around water. He played water polo in college, currently serves on the Board of Directors for Potomac Valley Swimming (Chair of Safe Sport Committee), and enjoys fly fishing around the U.S. and sailing in places like Croatia and the Virgin Islands. But he’s more likely to be found with his wife watching their three daughters swim in a muggy, overly chlorinated pool.

Proof Points

  • Advised Novartis Vaccines & Diagnostics in license negotiations and patent enforcement actions
  • Represented Amgen in patent infringement and validity action relating to PCSK9 inhibitors
  • Represented Unified Patents in Inter Partes Review proceedings before the Patent Trial and Appeals Board
  • Represented Kemin Industries in a patent infringement dispute relating to ocular antioxidants at the International Trade Commission
  • Represented Boston Scientific in litigations relating to implantable cardioverter defibrillators and pacemakers, including an appeal before the U.S. Court of Appeals for the Federal Circuit; opposed a petition for a writ of certiorari before the U.S. Supreme Court
  • Advised Philips Corp. in a license deal valued at $100 million relating to surgical instruments
  • Represented Guidant Corp. and Advanced Cardiovascular Systems in several litigations involving coronary stents, including a jury trial; received a favorable jury verdict of infringement for Guidant
  • Represented Wyeth in Hatch-Waxman litigation in the U.S. District Court for the District of Delaware, granted favorable settlement terms for Wyeth
  • Authored appellate briefs and twice presented oral argument before the U.S. Court of Appeals for the District of Columbia Circuit