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Michael J. Kane
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Michael J. Kane

Fish & Richardson P. C., Partner

Minneapolis, Minnesota
Michael Kane is a principal in the Twin Cities office of Fish & Richardson P.C. Mike uses his technical, business, and litigation skills to obtain the best results for his clients involved in adversarial proceedings. He specializes in complex patent litigation with a particular emphasis in pharmaceuticals (Hatch-Waxman cases and others), biotechnology, and medical devices for clients including Coherus, among many other high-profile clients. In addition, Mike has extensive post-grant experience successfully representing both petitioners and patent owners at the PTAB in the Life Sciences and Medical Device areas, including Illumina and Coherus. One of Mike's strengths is successfully managing complex litigation involving matters in U.S. district and appellate courts, as well as foreign actions for his clients. For example, Mike was the architect of the strategy in a competitor dispute involving courtroom litigation in the U.S., Germany, U.K., New Zealand, and Australia. The dispute also involved patent office challenges around the world, including 39 PTAB petitions in the United States. After years of litigation, the client, working with Mike, was able to resolve the dispute and achieve its business goals. His work has been widely recognized by his peers. Mike was named an "Attorney of the Year" by Minnesota Lawyer (2016) for his role in successfully representing Halo Electronics, Inc. v. Pulse Electronics, Inc. at the U.S. Supreme Court. Similarly, his team's work in Coherus BioSciences, v. AbbVie Biotechnology was designated "Impact Case of the Year by LMG Life Sciences in 2017. And Mike was named to "The Best Lawyers in America" list by The Best Lawyers in America© (2021). Mike's experience in the medical device and life sciences fields includes: In the Matter of CERTAIN SLEEP DISOREDERED AND BREATHING SYSTEMS AND COMPONENTS THEREOF (U.S.I.T.C.)—obtained judgment of infringement in case related to CPAP technology. Obtained $240 million jury verdict (affirmed by the Federal Circuit Court of Appeals) for a major international pharmaceutical company in case related to Coreg®, a drug used to treat congestive heart failure. Obtained reversal of jury verdict against major medical device client that led to settlement on favorable terms. Medtronic adv. C.R. Bard (D. De.)—obtained jury verdict of non-infringement in case related to arterial blood filters. Medtronic adv. Haemonetics (D. Mass.)—obtained summary judgment of non-infringement (affirmed by the Federal Circuit Court of Appeals) in case related to autologous blood centrifuges. Medtronic adv. Charms (W.D. Tex.)—obtained summary judgment of invalidity in case related to circuitry implantable cardioverter defibrillators (ICDs) was invalid. Represented a major pharmaceutical company in the District of Delaware in suits over a method of treatment of congestive heart failure. Market had genericized a decade previously. Successfully obtained a damages award of $235 million after a seven-day jury trial. An LMG Life Sciences Top 10 IP case for 2017. Represented a major pharmaceutical and academic research institution in the District of Massachusetts in suit related to an infringing manufacturing process for an antibody therapy for treating cancer. Case favorably settled the morning of trial for $65 million. Represented a major pharmaceutical company in Central District of California. After successfully prevent institution of two petitions for IPR, the case favorably settled. Represented a major pharmaceutical company in the Eastern District of Texas in suits over an ocular pain treatment. After the market went generic because the compound patent expired, client obtained a patent of the formulation. Successfully settled case in resulting generics exiting market.

Experience

Fish & Richardson P. C. Logo
Fish & Richardson P. C.
Partner
Firm Prospects attorney tracking launched in 2015/2016. Prior employment history currently unavailable.

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