Haynes and Boone’s Washington, D.C. Office Adds Hatch-Waxman Litigators to Intellectual Property Practice


– Intellectual property litigators Kyle Musgrove and Michael Shen have joined Haynes and Boone, LLP as partners in the firm’s Washington, D.C. office.

Mr. Musgrove and Mr. Shen each have extensive experience in all aspects of intellectual property litigation with a particular focus on pharmaceutical litigation related to the Hatch-Waxman Act and representation of companies filing Abbreviated New Drug Applications (ANDAs).

“Kyle and Michael bring a critical diversification to our IP litigation practice,” said David Harper, partner and head of Haynes and Boone’s Intellectual Property Litigation Practice Group. “They are skilled in every aspect of pharmaceutical-related protection and Hatch-Waxman representation, from assessment of patent portfolios and analysis of ANDA applications through strategy and litigation. Their addition extends our ability to offer specialized litigation support to our existing medical and pharmaceutical industry clients.”

Mr. Musgrove has been litigating intellectual property cases for more than 15 years. His practice primarily focuses on Hatch-Waxman litigations and usually involves the representation of the ANDA applicant. A number of Mr. Musgrove’s ANDA cases have involved drug products with sales exceeding $1 billion per year. Despite the high stakes, Mr. Musgrove has successfully obtained judgments invalidating and/or holding non-infringed the asserted claims of patents alleged to cover those products. In some instances, Mr. Musgrove’s strategic approach to the litigation has facilitated favorable settlements for clients while avoiding the uncertainties and expense associated with protracted litigation.

In addition to his Hatch-Waxman practice, Mr. Musgrove also has litigated cases in a variety of technologies including medical devices and medical imaging, paper and pulp bleaching, optics, cervical collars, nutritional supplements, vaccines and methods of drug delivery. His practice includes the representation of both patentees and alleged infringers.

Mr. Shen has more than a decade of experience litigating a wide variety of intellectual property matters before various federal district and appellate courts as well as Section 337 investigations before the International Trade Commission (“ITC”). Most recently, Mr. Shen’s practice has focused on assisting pharmaceutical companies in Hatch-Waxman litigation. He also advises clients on matters ancillary to Hatch-Waxman litigation, including validity and infringement issues, and development of effective pre-trial and trial strategies based on the specific complexities of each case.

In addition to his Hatch-Waxman practice, Mr. Shen has litigated numerous patent cases on behalf of patentees and alleged infringers in technological fields such as electrical connectors, electronics, chemical processes, industrial and food chemicals, and medical devices. Mr. Shen’s practice also includes counseling clients and rendering legal opinions regarding various intellectual property issues with a focus on helping Chinese companies enter the U.S market.

The Haynes and Boone Intellectual Property Litigation Practice protects clients’ intellectual property from infringers and defends its clients from infringement or misappropriation claims. Haynes and Boone’s litigators are experienced in federal and state courts, the ITC, and in the dispute-resolution forums of the U.S. Patent and Trademark Office (“USPTO”), as well as in international tribunals. At the core of the firm’s IP litigation team are true patent lawyers who have undergraduate and graduate advanced technical degrees working closely with trial lawyers - many of whom are also licensed patent lawyers – who use their technical knowledge and advocacy skills to clearly and concisely present their client’s case to judge and jury.

Haynes and Boone, LLP is an international corporate law firm with offices in Texas, New York, California, Washington, D.C., Mexico City and Moscow, providing a full spectrum of legal services. With more than 525 attorneys, Haynes and Boone is ranked among the largest law firms in the nation by The National Law Journal. The firm has been named one of the "Best Corporate Law Firms in America" (Corporate Board Member Magazine, 2001-2009) and recognized as a “Top 20 Law Firm” for culture and for diversity with respect to both women and minorities (Vault, 2011.)

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