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Kerry B. McTigue

Co-Chair, Intellectual Property Group

: Washington, D.C.
The Army and Navy Building
1627 I Street, NW
Suite 1100
Washington, D.C. 20006
P: (202) 912-4810
TF: (800) 540-1355
F: (202) 861-1905

Kerry B. McTigue

Kerry B. McTigue practices in the area of intellectual property law and litigation. He is the co-chair of Cozen O’Conner’s IP practice group.

Kerry is a nationally recognized life science litigator with extensive trial experience and has experience in a wide variety of litigation areas. Kerry has served as general counsel for the U.S. Office of Personnel Management (OPM) and as a prosecutor for the U.S. Army Judge Advocate General's Corps and the Department of Justice. In those capacities, as well as in private practice, Kerry has led numerous complex matters in the areas of pharmaceutical litigation, government contracts and other commercial litigation matters, including products liability and toxic torts. As OPM’s general counsel, Kerry had principal legal responsibility to lead and advocate legal positions at Congress and to the White House on numerous matters, including health care and retirement policy issues, veterans preference hiring and the process by which the United States hires its more than 1,000 federal administrative law judges, as well as changes to numerous U.S. regulations.

Kerry is a member of Cozen O’Connor’s board of directors, the American Bar Association, South Carolina Bar Association, Federal Circuit Bar Association, Kentucky Bar Association, South Carolina Defense Trial Lawyers' Association, Richland County Bar Association, the American Intellectual Property Law Association and the Defense Research Institute. In addition, he is a former member of the Office of Personnel Management, Executive Resource Board, the Investment Review Board, the Willow Pointe Home Owners Association, president and the Arthurtown Project Board of Directors.

Kerry was the senior executive responsible for the supervision and direction of the 2007 Combined Federal Campaign, a charitable drive involving more than 1.8 million federal employees, which collected a record-setting $272 million for more than 20,000 national and local charities. He also served as an adjunct professor at Drury University and Sullivan College and as an instructor at the Kentucky College of Business.

Kerry received his B.S., cum laude, from Clemson University where he was a distinguished military graduate. He is a 1996 graduate of the University of Kentucky College of Law, where he was articles editor for the Journal of Natural Resources and Environmental Law. In 1997, Kerry graduated from the U.S. Army Judge Advocate Officer Basic Course with honors.

Kerry has tried more than 30 cases to verdict over his career. Samplings of some recent representative matters are listed under Experience.

Patent infringement action regarding Apotex's ANDA to make a generic version of Sanofi-Aventis' anti-cancer product TAXOTERE®, the active ingredient of which is docetaxel. Following a two-week trial, obtained an order for Apotex striking down the patents-in-issue as invalid and unenforceable due to Sanofi-Adventis' inequitable conduct in procuring the patents. Kerry served as lead discovery counsel and led the combined co-defendants’ trial cross examination on all secondary consideration witnesses.

Lead counsel in damage phase of a patent infringement action regarding Sandoz's ANDA to make a generic version of Pfizer’s seizure and neuropathic pain product, Neurontin®, the active ingredient of which is gabapentin. The case settled during the pre-trial phase and after successful Motions in Limine by Sandoz.

Lead trial counsel for Sandoz Inc., in a patent infringement action regarding Sandoz's ANDA to make a generic version of Endo's pain product OPANA® ER (oxymorphone hydrochloride). The case settled on favorable terms during trial.

CardSoft, Inc. and CardSoft (Assignment for the Benefit of Creditors), LLC (collectively "CardSoft") v. VeriFone Holdings, Inc.; VeriFone, Inc.; Hypercom Corporation; Ingenico S.A.; Ingenico Corp.; Ingenico, Inc.; Way Systems, Inc.; Shera International Ltd.; and Blue Bamboo (USA). Patent infringement action against defendants who manufactured, sold and/ or offered for sale, and/ or aided and abetted others in making, selling and/ or offering for sale, electronic point-of-sale ("ePOS") terminals which are used, offered for sale, sold, and have been purchased in Texas. Case went to trial in June of 2012 resulting in more than a $15 million jury verdict for Cozen O’Connor’s client CardSoft.

Kerry led the transition team that represented the Graduate School’s privatization from the U.S. Department of Agriculture. This transaction involved the transfer of all of the assets and liabilities of the school to a nonprofit entity while maintaining the school's educational mission.

Lead Counsel for Sandoz Inc. in a patent infringement action regarding Sandoz’s ANDA to make a generic version of Abbott’s cholesterol medication TRILIPIX® (fenofibric acid). Kerry led the negotiations which successfully settled this matter.

Lead Counsel in a patent infringement action regarding Sandoz's ANDA to make a generic version of Pfizer’s antifungal medication VFEND®, the active ingredient of which is voriconazole. Kerry led the negotiations which successfully settled this matter.

Lead Counsel for Novartis Inc. in a third-party subpoena defense against branded pharmaceuticals. Kerry successfully litigated all discovery dispute matters and on January 19, 2012 the Judge entered judgment in favor of the Defendants and ordered the case closed.

Lead Counsel on a patent infringement action regarding Sandoz's ANDA to make a generic version of Alcon's eye allergy product Pataday®, the active ingredient of which is olopatadine hydrochloride. Kerry led the negotiations which successfully settled this matter.

Lead counsel for Sandoz Inc., in a patent infringement action regarding Sandoz's ANDA to make a generic version of Medicis' acne product SOLODYN® (minocycline hydrochloride).

Served as lead discovery counsel for Wyeth's anti-depressant product EFFEXOR® (venlafaxine hydrochloride) in Wyeth’s multi-district litigation defense.

Practice Areas

Biologics/Biosimilars

Hatch-Waxman Litigation

Intellectual Property

American Conference Institute Paragraph IV Disputes	New York, NY	05/07/2013
Paragraph IV Disputes	San Francisco, CA	12/04/2012
4th Life Sciences Congress on Paragraph IV Disputes	Washington, D.C.	10/25/2012