C. Kyle Musgrove is a patent trial and appellate lawyer. While he is experienced in many types of patent litigation, his primary goal is helping generic pharmaceutical companies navigate the patent litigation process and bring their products to market.
Thus, for most of his more than 20 years in practice, Kyle has focused on patent litigation under the Hatch-Waxman Act, particularly in the United States District Courts of both Delaware and New Jersey. A number of his cases have involved drug products with sales exceeding $1 billion per year. Despite the high stakes, Kyle has successfully obtained judgments invalidating and/or holding non-infringed the asserted claims of patents alleged to cover those products. In some instances, his strategic approach to litigation has facilitated favorable settlements for his clients while avoiding the uncertainties and expense associated with protracted litigation.
Perhaps most significantly, however, clients appreciate Kyle’s understanding that the ultimate goal of any engagement is to aid his clients in the pursuit of their business interests. Litigation is often part of that process, but, ultimately, litigation needs to be considered as merely a component of the process. And, as such, Kyle crafts the litigation strategy in close consultation with clients so as to best achieve the client’s business goals.
Given his experience in federal courts across the country, non-pharmaceutical clients also turn to Kyle for assistance with patent cases in other fields. For example, Kyle has litigated cases in a variety of technologies including paper and pulp bleaching, optics, cervical collars, medical devices and imaging, nutritional supplements, and vaccines and other types of biotechnology. Additionally, Kyle has practiced before the United States International Trade Commission and litigated antitrust violations relating to allegations of “sham” litigation brought by patentees.
Kyle also handles appellate proceedings before the United States Court of Appeals for the Federal Circuit. His experience includes briefing and arguing appeals where the underlying district court litigation was handled by other counsel.
Yet further aspects of Kyle's practice include counseling clients regarding possible infringement or invalidity issues and transactional work relating to intellectual property (including negotiating both license and settlement agreements).
Kyle is a frequent author and is often quoted in various media outlets. For example, Kyle previously authored an annually updated chapter relating to the intersection of the patent and antitrust laws for Aspen Publishing. Additionally, LMG Life Sciences, Euromoney Institutional Investor PLC, has recognized Kyle as a "Life Science Star" from 2012-2016.
Professional and Community Activities
- Federal Circuit Bar Association
- New York State Bar Association
- District of Columbia Bar Association