MICHAEL P. HOGAN
Partner
Mike Hogan is a partner at Kratz and Barry and resident in both the Philadelphia and Wilmington offices. He practices intellectual property litigation and concentrates on complex patent litigation, primarily in the pharmaceutical and life science areas. Mike’s litigation experience has spanned other technology areas including biotechnology, medical and mechanical devices, and consumer electronics. He has also litigated design patent, trade secret, and copyright cases. Mike’s practice incorporates non-litigation components, including freedom to operate, patent analysis and complex opinion work, all facilitated by bringing a litigation perspective to such patent scope, validity, and prosecution matters.
Prior to becoming a lawyer, Mike spent several years in the pharmaceutical industry as a medicinal chemist performing synthetic organic chemistry in drug discovery. Mike’s professional scientific background provides a unique, practical viewpoint which he brings to bear on behalf of his clients to achieve business-focused solutions.
RECENT REPRESENTATIVE EXPERIENCE
Member of team representing major generic drug manufacturers in Hatch Waxman litigation involving proposed generic versions of products including Rexulti®, Vraylar® and Epaned®, and multiple other pharmaceutical products.
APS Tech. v. Vertex Downhole, Inc., No. 19-1166 (D. Del.) Achieved favorable early settlement after beating Section 101 patent eligibility attack regarding oil field services technology.
Assisted the trial team that invalidated the method of treatment patents covering the DDP-IV inhibitor Tradjenta®.
Member of the trial team that achieved a favorable settlement for generic pharmaceutical manufacturer in the Hatch-Waxman litigation involving Kyprolis®, a treatment for multiple myeloma.
Member of the trial team that achieved a favorable settlement for generic pharmaceutical manufacturer in the Hatch-Waxman litigation involving the anti-platelet drug Brilinta®.
Variable Lighting LLC v. Kmart Corporation, et al., No.: 15-cv-00426 (D. Del.) | Achieved favorable settlement and license allowing client to market their accused consumer electronic product.
Northwest Home Designing, Inc. v. Benjamin Ryan Communities LLC, et al., No.: 14-cv-05808 (W.D. Wash.) | Achieved partial summary judgment against majority of plaintiff’s architectural copyright infringement claims and facilitating settlement.
BSN Sports, LLC v. Bensussen Deutsch & Associates, Inc.,No.: 15-cv-00969 (N.D. Tex.) | Achieved favorable settlement and license regarding claims of patent infringement against consumer sports products.
Lisa Duer v. Bensussen Deutsch & Associates LLC, et al., No.: 14-cv-01589 (N.D. Ga.) | Achieved favorable settlement of a lawsuit involving patent, trademark, trade dress and copyright infringement allegations concerning a medical device.
VSSI, Inc. v. Olympic Veterinary Corp., No.: 6:14-cv-03479 (W.D. Mo.) | Secured voluntary dismissal with prejudice and favorable settlement of patent infringement claims against veterinary medical device manufacturer.
Hospira, Inc. et al. v. Sylvia Matthews Burwell, et al., No.: 8:14-cv-02662 (D. Md.), No. 14-1920 (4th Cir.) | Part of litigation team for intervenor Par Sterile Products LLC in case brought by Hospira in the District of Maryland against U.S. Food & Drug Administration to rescind approval for generic Precedex® (dexmedetomidine) products. Par obtained summary judgment allowing it to market its product and later prevailed on appeal to the Fourth Circuit, after which the case settled favorably.
AWARDS AND PRESENTATIONS
Panelist, Philadelphia Intellectual Property Law Association, October 2020 Meeting: Recent Trends in ANDA Litigation.
Expert Panelist, Generic Pharma Industry: Analysis of the Decade 2010-2019; Lessons Learnt and Paragraph IV Filing/Approval/Litigation Through Examples, International Intellectual Property Skills Summit, February 27-28, 2020, Hyderabad, India.
Guest Lecturer: “P545 Advanced Patent Law” with Prof. Toshiko Takenaka - focusing on utility, written description, and enablement; University of Washington School of Law, February 1, 2016
Panel Moderator: “Claim Construction Now and Other Case Law Updates,” BIO IPCC Conference, Spring 2015, St. Louis, MO
Barrister’s Award for Excellence in Trial Advocacy, James E. Beasley School of Law, Temple University
Eli Lilly & Company Scholarship for Undergraduate Synthetic Organic Chemistry Summer Research
PUBLICATIONS
Hogan, M., “Reasons to Limit Inventor Testimony in Hatch-Waxman Cases,” IP Law 360, Feb. 15, 2019, https://www.law360.com/articles/1125290/reasons-to-limit-inventor-testimony-in-hatch-waxman-cases
Abedi, S., Hogan, M., Lindberg, E., “Is Trademark Registration Process No Longer Streamlined Post-B&B Hardware: Tall Tales or Reality?” BNA’s Patent, Trademark, & Copyright Journal.® 91:254, 2015
Hogan, M., Hillyer, G., “Toil and Trouble for Patent Trolls, Whoever They Are,” The Legal Intelligencer, Intellectual Property Special Section, October 2013.
PRACTICE AREAS
Patent litigation and counseling
Trade secret litigation
Complex litigation and counseling
EDUCATION & ADMISSIONS
Temple University – James E. Beasley School of Law, J.D. 2002
Indiana University – Biochemistry, B.S. 1993 (with Departmental Honors)
United States Patent & Trademark Office
New York
Pennsylvania
Washington
United States District Court for the Eastern District of Pennsylvania
United States District Court for the Western District of Washington
United States Court of Federal Claims
United States Court of Appeals for the Federal Circuit
ACTIVITIES
New York State Bar Association
New York Intellectual Property Law Association
Philadelphia Intellectual Property Law Association
