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Dr. Lee had been practicing chemistry for eleven years when, in 1984 he exchanged a position of associate professor of Chemistry at Fordham University for a position as associate attorney at Cahill Gordon & Reindel in New York City, specializing in commercial litigation , mostly defending allegedly negligent accountants . In 1986 he joined Kenyon & Kenyon where he is now one of the senior members of the Chemical/Life Sciences practice group.
Dr. Lee's current practice covers all areas of pharmaceutical patents: litigation, interferences, counseling, prosecution. He has been involved in generic drug litigations from A to Z, involving generic versions of Allegra, Augmentin, Claritin, Gemzar, Hytrin, Neurontin, Oxycontin, Paxil, Procardia, Relafen, Sarafem, Seldane, Ticlid, Zantac and Zithromax; other pharmaceutical litigations involving Duracef, Kadian, Lovenox, Ortho-Cyclen and Xalatan; monoclonal antibodies for septic shock and against stem cells, machines for the synthesis of DNA, and transdermal drug delivery systems; as well as other chemical related litigations ranging from coatings for aluminium cans, paints for automobiles, and striped toothpaste. He also prosecutes patent applications in these areas, counsels inventors and patent owners on the scope and validity of their intellectual properties and advises clients introducing new products and services as to any potential for infringement of the patent rights of others. Typical clients include pharmaceutical companies, both generic and brand-name, biotechnology companies, and other chemical-related industries.
Dr. Lee is a frequent lecturer and author of many articles pertaining to intellectual property law and litigation. Some recent publications include an article in the Fordham Intellectual Property, Media & Entertainment Law Journal, Vol. XVII, number 4, pages 915-932 (2007) on the U.S. law of obviousness ; a chapter in the ABA's Patent Litigation Strategies Handbook on "Waxman-Hatch Litigation From the Perspective of the Generic Pharmaceutical Industry" (2005) and a chapter in BNA's International Pharmaceutical Law and Practice, 2nd Ed. (2005) on U.S. patent law.
Dr. Lee argued the following appeals before the United States Court of Appeals for the Federal Circuit Court:
GlaxoSmithKline v. Impax 365 F.3d 1348 (Fed. Cir. 2004)
SmithKline Beecham Corp. v. Copley, et. al. 154 F. Supp. 2d 157 (D.Mass 2001), aff'd 45 Fed. Appx. 915, 2002 U.S. App. LEXIS 16594 (Fed. Cir. August 15, 2002)
Berman v. Housey 291 F.3d 1345 (Fed. Cir. 2002)
Purdue Pharma LP et ano. v. Faulding Inc. 48 F.Supp.2d 420 (D. Del. 1999), affirmed 56 U.S.P.Q.2d 1481, 2000 WL 1582737 (Fed. Cir. 2000)
Glaxo v. Geneva Pharmaceuticals et al., 45USPQ2D 1702 (D.N.J. 1997)
Granutec Inc. v. Shalala 139F.3d. 889, 46USPQ2d 1398 (4th Cir. 1997)
Representative litigation experience includes:
SmithKline Beecham v. Teva Pharmaceuticals (consolidated as In re '639 Litigation) (D. Mass 2001)
Johns Hopkins University, Baxter Intern. and Becton Dickinson v. CellPro 894 F. Supp. 819 (D. Del.); 160 F.R.D. 30, 34 USPQ2s 1276 (D. Del. 1995);
931 F. Supp. 303 (1996); 99 F3d. 1159, 1996 WL 597805 (Fed. Cir. 1996)
In re Certain Diltiazem Hydrochloride and Diltiazem Preparations, Inv. 337-TA-349, 1995 ITC LEXIS 253
MMD v. American Cyanamid & Co. 36 USPQ2d 1036 (D.N.J. 1994); 1994 U.S. Dist. LEXIS 11495 (D.N.J. 1994)
Other representative cases include:
R-Tech Ueno v. Pharmacia (D.D.C. 2000)
Ortho v. Smith 959 F.2d 936 (Fed. Cir. 1992), affirming 18 USPQ2d 1977 (E.D.Pa. 1990)
American Home Products v. Johnson & Johnson 25 USPQ2d 1954 (1992); 22 USPQ2d 1561 (E.D.Pa 1991)
Byron et al. v. Aronhime et al., Interference 105,384
Li et al. v. Singer et ano, Interference 105,366
Berman v. Housey, Interference 104,347
BAR AND COURT ADMISSIONS New Jersey
New York
Registered Patent Attorney: U.S. Patent and Trademark Office
U.S. Court of Appeals for the Federal Circuit
U.S. Court of Appeals for the Fourth Circuit
U.S. District Court for the District of New Jersey
U.S. District Court for the Eastern District of New York
U.S. District Court for the Southern District of New York
U.S. Supreme Court. |
