- IAM Patent 1000 recognized Adam as one of the top patent litigators in New York (2020)
- The Legal 500 consistently recognizes Adam for his work in patent litigation, most recently in 2020
Formally a member of Fenwick’s patent litigation group, Adam’s practice is diverse across disciplines and industries. As part of his patent litigation work, Adam represents leading life sciences, pharmaceutical, and diagnostics companies at trials in United States District Courts, and in appeals in the Court of Appeals for the Federal Circuit. He has also litigated patent cases in the semiconductor design, wireless communication, and internet application industries.
Adam is a co-chair of Fenwick’s appellate practice. As a major part of this work, colleagues and clients call on him for advice on appellate strategy and, most often, to draft or edit appellate briefs. He has assisted in this way on matters ranging from patent infringement, validity, and enforceability, to tax controversy, to the enforcement of agreements under the Federal Arbitration Act.
Adam’s commercial litigation experience includes:
- Antitrust cases in the pharmaceutical and music licensing industries (in the latter of which he also has extensive copyright litigation experience)
- General commercial matters for companies in fields as diverse as industrial axial fans, large-scale entertainment venue engineering and construction, and aircraft leasing
- Tax controversy matters
Earlier in his career, Adam represented clients in copyright, trademark, and false advertising litigation in industries ranging from pharmaceuticals, consumer goods, jewelry design, sports, and media.
Prior to joining Fenwick, Adam worked at a leading international law firm where he was a partner in the litigation group.
- UCB v. Watson Labs. Adam was retained to lead the appellate team representing UCB in the U.S. Court of Appeals for the Federal Circuit in an appeal brought by multiple generic manufacturers following UCB’s successful Hatch-Waxman-based patent infringement action concerning its anti-Parkinson’s medication Neupro®.
- Athena Diagnostics v. Mayo Collaborative Services. Adam was retained as appellate counsel to represent Athena Diagnostics in its appeal from a district court decision holding that its novel anti-MuSK autoantibody assay system was patent-ineligible under 35 U.S.C. 101. The U.S. Court of Appeals for the Federal Circuit held oral argument, widely covered in the industry press, on October 4, 2018.
- Quest Diagnostics Investments v. Lab. Corp. of Am. Holdings. Adam represents Quest in a patent infringement action against its competitor LabCorp. This action, in the U.S. District Court for the District of Delaware, involves a series of patents that cover Quest’s innovative clinical mass spectrometry assays for testosterone and vitamin D.
- UCB v. Accord Healthcare. Adam was retained to lead a multi-firm appellate team representing UCB, Research Corp. Tech. and Harris FRC Corp. in an appeal from a victory in a Hatch-Waxman litigation, against multiple generic manufacturers, concerning UCB’s Vimpat® antiepileptic medication. The U.S. Court of Appeals for the Federal Circuit held in favor of our clients on all grounds, affirming the patent’s validity.
Prior Law Firm Experience
- In re Celebrex (Celecoxib) Antitrust Litigation. Represented major innovator pharmaceutical company in antitrust action based on Walker Process-based patent fraud theories brought by wholesale and retail purchasers of client’s Celebrex® pain medication. Following summary judgment arguments, the matter settled for a small fraction of potential damages.
- UCB v. Yeda Research & Devel. Co. Counsel to UCB in a declaratory judgment patent infringement action against a technology transfer company in the U.S. Court for the Eastern District of Virginia. The litigation involved UCB’s biologic Cimzia®, an antibody approved for the treatment of Crohn's disease and rheumatoid arthritis, among other indications. Successfully obtained summary judgment of no infringement based on a favorable claim construction. The U.S. Court of Appeals for the Federal Circuit affirmed.
- Pfizer v. Teva Pharms. USA. Successful representation of a pharmaceutical company in a series of Hatch-Waxman patent infringement cases in the U.S. District Court for the District of Delaware against multiple generic manufacturers. The actions involved the blockbuster pharmaceutical drug, Lyrica®, indicated for treatment of seizures and pain. Trial wins on all asserted patents were affirmed by the U.S. Court of Appeals for the Federal Circuit.
- Apotex v. UCB. Successful trial and appellate representation of pharmaceutical innovator UCB in patent infringement suit brought by generic manufacturer Apotex, in which Apotex alleged that UCB’s Univasc® and Uniretic® high blood pressure medications infringed its patented method of manufacture. The U.S. District Court for the Southern District of Florida found in UCB’s favor on all defenses, including that Apotex had obtained its patent through inequitable conduct before the PTO. The U.S. Court of Appeals for the Federal Circuit affirmed unanimously, in what was described in subsequent press as a “relatively rare occurrence” given the recently heightened standard for proving inequitable conduct. Following Adam’s successful appellate argument, the district court awarded UCB over $6 million in legal fees, ruling that the case was “exceptional” under 35 U.S.C. § 285.
- Wireless Ink v. Google. Represented Google in two patent infringement matters filed in the Southern District of New York by Wireless Ink Corporation. Kevin obtained a summary judgment of non-infringement of all asserted claims, which was affirmed on appeal. A third matter was stayed pending reexamination of the patent-in-suit, the claims of which were rejected by the patent office and the pending case was dismissed in 2016.
- Technology Patents v. T-Mobile (UK) Ltd. Obtained dismissal of patent infringement action against foreign telecoms carriers on the basis of lack of personal jurisdiction, notwithstanding carriers’ roaming and other arrangements with United States-based carriers.
Amicus Curiae Brief
- Acorda Therapeutics v. Mylan Pharms. Retained to draft an amicus curiae brief on behalf of Biotechnology Industry Organization.
Education & Admissions
J.D., New York University School of Law
B.A., Union College
Admitted to practice in New York
Admitted to practice before the U.S. Court of Appeals for the Federal Circuit, the U.S. District Court for the Southern District of New York and the U.S. Federal Court for the Eastern District of New York