Michael A. Pearson

Certain Beverage Dispensing Systems (ITC): Trial counsel for Heineken against its rival Anheuser-Busch InBev in a Section 337 patent investigation. Heineken accused AB InBev of infringing Heineken’s patent related to a drink dispenser for carbonated beverages meant to preserve the taste of beer and improve hygiene over prior art systems. On Sept. 5, 2019, after a five-day trial in April 2019, the ITC ALJ found that AB InBev’s NOVA system infringed Heineken’s patent, that Heineken’s patent was not invalid or unenforceable, and that Heineken had proven a domestic industry through its licensee Hopsy. On March 11, 2020, the Commission issued a limited exclusion and cease-and-desist orders, affirming the ALJ’s September ruling that AB InBev violated Section 337 of the Tariff Act. The win was featured in the following articles: Law360, Anheuser-Busch Facing Import Ban For Infringing Heineken IP (Oct. 7, 2019); World IP Review, USITC Judge Recommends Ban on Stella Artois Draught System (Oct. 8, 2019); and Law360, Heineken Gets ITC to Ban Anheuser-Busch Dispenser Imports (Mar. 12, 2020).

Anheuser-Busch InBev S.A. et al. v. Heineken Supply Chain B.V. (PTAB): Lead counsel in successful opposition to institution of IPR for patent Anheuser-Busch was found to have infringed in Certain Beverage Dispensing Systems.

The Gillette Company LLC v. Dollar Shave Club, Inc. et al. (D. Del.): Represented Dollar Shave Club, Dorco, and Pace Shave in a patent infringement case brought by Gillette concerning razor blade technology. Case resolved shortly before trial.

Enzo Life Sciences v. Abbott Laboratories and Abbott Molecular (D. Del.) Defended Abbott against claims that many products infringed multiple Enzo patents. Won summary judgment that all the asserted patent claims were invalid as later affirmed by the Federal Circuit. Other companies that were sued for infringement of the same and related patents settled with Enzo for tens of millions of dollars.

In re Avaya Inc. (S.B.N.Y. and S.D.N.Y.): Represented Avaya and certain affiliates in connection with its Chapter 11 proceedings. Advised client and appeared in Bankruptcy Court to represent Debtors in connection with estimation proceeding and associated hearings related to IP claims made against Avaya. Avaya obtained a favorable estimate of a creditor’s claim and then defended that claim in an appeal to the district court applying patent-law apportionment jurisprudence to valuation of trade secret claims.

Siemens Medical Solutions USA, Inc. v. Saint-Gobain Ceramics & Plastics, Inc. (D. Del.). Represented Siemens Medical in patent infringement suit where Siemens Medical asserted infringement of its patent related to lutetium-based scintillation crystals for use in detecting gamma rays. After trial, the jury returned a $52.3 M verdict for our client. Defended verdict through appeal at the Federal Circuit and through denial of petition for writ of certiorari from Supreme Court of the United States.

Crystal Photonics, Inc. v. Siemens Medical Solutions USA, Inc. (M.D. Fla.) Represented Siemens Medical in patent infringement suit defending against claims of infringement of a patent related to a method of enhancing performance of lutetium-based scintillation crystals.

Tritek v. United States (Fed. Cl.) Represented Siemens Postal Parcel & Airport Logistics LLC in patent litigation brought against the U.S. Postal Service in the Court of Federal Claims. The claim was that certain postal machines purchased by the USPS infringed Tritek’s patent.

Trial defense counsel for healthcare company in confidential patent infringement and trade secret arbitration. Tried all issues to arbitration panel and obtained complete defense award and reimbursement of legal fees and expenses for client.

Certain Toner Cartridges and Components Thereof, Inc. (ITC) Defended Clover Technologies Group LLC, a remanufacturer of toner cartridges for printers, against patent infringement claims brought by Canon. After discovery, multiple depositions, and multiple meetings with the Office of Unfair Import Investigations, the case settled favorably.

W.L. Gore & Associates v. C. R. Bard and Bard Peripheral Vascular, Inc. (D. Del.) Represented Bard in patent litigation in which Gore alleged the infringement of three patents on thin-wall stent grafts. Obtained complete defense verdict that Gore’s patent claims were not infringed by either of Bard’s FLUENCY® PLUS and FLAIR® stent graft products and were also invalid on three separate grounds (anticipation, obviousness, and incorrect inventorship).

LifeScreen Sciences LLC v. C. R. Bard and Bard Peripheral Vascular (D. Del.); LifePort Sciences LLC v. C. R. Bard and Bard Peripheral Vascular (D.N.J.) Represented Bard against allegations by LifeScreen that Bard infringed three patents for filters that are inserted into blood vessels to aid in catching clots and, in a separate case, allegations by LifePort that Bard infringed a patent relating to stent grafts for blood vessels. After obtaining a favorable ruling after a Markman hearing, Bard convinced LifeScreen to drop one patent entirely, which claimed two Bard products infringed and drop infringement claims on one of two products accused of infringing a second patent. After pressure to drop the remaining patents from the case, the parties entered a settlement and both cases were dismissed.

CryoLife v. C. R. Bard, Inc. et al. (D. Del.) Represented C.R. Bard, Davol and Medafor against CryoLife in patent litigation in the District of Delaware. CryoLife filed a complaint for declaratory judgment that CryoLife’s PerClot® product does not infringe Medafor’s patent for blood-clotting compound and seeking to invalidate Medafor’s patent. Prevailed on motion to dismiss Bard and Davol on jurisdictional grounds. Obtained preliminary injunction barring sales of CryoLife’s PerClot® product. After filing a notice of appeal, CryoLife dismissed its appeal and stipulated to a permanent injunction.

B. Braun Melsungen AG & B. Braun Medical Inc. v. Terumo Medical (D. Del.). Represented B. Braun in patent infringement action in federal district court in Delaware asserting a B. Braun patent covering a safety IV catheter. Obtained jury verdict that patent was infringed and an injunction against future sales of the accused products.

Pro Bono counsel for Disabled Veterans LIFE Memorial Foundation, the organization that built the American Veterans Disabled for Life Memorial in Washington, DC. This was the first memorial in our nation's capital to honor those who were disabled defending the United States.

Pro Bono counsel for other worthy organizations and individuals.