On October 4, 2019, the U.S. Court of Appeals for the Federal Circuit affirmed McKool Smith’s inter partes review (IPR) trial victory on behalf of patent owner Dr. Ford Albritton IV against medical device maker Acclarent, a Johnson & Johnson subsidiary. The ruling leaves intact a July 2018 decision by the Patent Trial and Appeal Board (PTAB), which rejected Acclarent’s arguments that the apparatus and system claims in Dr. Albritton’s novel sinuplasty patent are invalid.
The three-judge appellate panel returned its decision only a few days after hearing oral arguments from McKool Smith principal Ashley Moore, lead counsel for Dr. Albritton. This is the latest achievement in a string of courtroom victories that Ms. Moore has won for Dr. Albritton. Along with serving as lead counsel in securing the July 2018 PTAB trial win, Ms. Moore successfully defended against Acclarent’s challenge to Dr. Albritton’s method claims in a separate petition for which the PTAB declined institution in May 2018.
“We are very pleased with the Federal Circuit’s decision,” said Ms. Moore. “This is not only a win for our client, it’s a victory for other similarly situated innovators in the life sciences sector who are fighting to protect their inventions.”
The patent-in-dispute is U.S. Patent No. 9,011,412, which covers an apparatus, system, and method for manipulating a surgical catheter and working device with a single hand.
Along with Ms. Moore, Dr. Albritton is represented by McKool Smith associate Alexandra Easley.
The case is Acclarent, Inc. v. Ford Albritton, IV, CAFC-18-2377.
With 165 trial lawyers across offices in Austin, Dallas, Houston, Los Angeles, Marshall, New York, and Washington, D.C., McKool Smith has established a reputation as one of America’s leading trial firms. Since 2006, the firm has secured 11 nine-figure jury verdicts and 13 eight-figure jury verdicts. The firm has also won more VerdictSearch and The National Law Journal "Top 100 Verdicts" over the last 10 years than any other law firm in the country. Courtroom successes like these have earned McKool Smith critical acclaim and helped the firm become what The Wall Street Journal describes as “one of the biggest law firm success stories of the past decade.” McKool Smith represents clients in complex commercial litigation, intellectual property, bankruptcy, and white collar defense matters.