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Laura A. Lydigsen

Practice Summary

Ms. Lydigsen is the co-chair of the firm’s appellate practice group. Her practice includes intellectual property litigation at both the district court and appellate level, with a focus on biotech, pharmaceuticals and medical devices.

Ms. Lydigsen has been involved numerous Hatch-Waxman patent infringement law suits pertaining to a wide variety of prescription pharmaceuticals, including antibiotics, anti-diabetics and pain medications. Her Hatch-Waxman litigation experience involves such drugs as Omnicef® (cefdinir), Lovenox® (enoxaparin), Razadyne ER® (galantamine hydrobromide), Naropin® (ropivacaine hydrochloride monohydrate), Trilipix® (choline fenofibrate), Cymbalta® (duloxetine), Lyrica® (pregabalin), and PrandiMet® (repaglinide/metformin).

Prior to joining Brinks, Ms. Lydigsen worked as a law clerk to the Honorable Alvin A. Schall at the United States Court of Appeals for the Federal Circuit and the Honorable Ruben Castillo at the United States District Court for the Northern District of Illinois.

Honors/Distinctions
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  • Illinois Super Lawyers, Rising Stars, 2010-2012
  • Alumni Association Prize for the highest overall G.P.A. in graduating class, Washington University School of Law
  • Order of the Coif, Washington University School of Law
  • Associate Editor, Washington University Law Quarterly
  • Giles Rich Moot Court Team, Midwest Regional Winner 2004
  • Samuel M. Breckinridge Practice Court Prize for excellence in moot court
  • Breckinridge Book Award for outstanding performance in Legal Research and Writing
  • CALI Excellence Awards: Legal Research and Writing, Patent Law, Patent Drafting, Bankruptcy, Constitutional Law, Civil Procedure, and Torts
Representative Matters
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  • Transocean Offshore Deepwater Drilling, Inc. v. Maersk Contractors USA, Inc., No. 2011-1555 (Fed. Cir.) (pending). Representing appellee in appeal from grant of judgment as a matter of law of non-infringement and invalidity, involving patents for deepwater drilling technology.
  • In re Parker, No. 2011-1421 (Fed. Cir.) (pending). Representing appellant in appeal from United States Patent and Trademark Office Board of Patent Appeals and Interferences decision of unpatentability of patent application for a catheter sheath.
  • Abraxis Bioscience Inc. v. Navinta LLC, 625 F.3d 1359 (Fed. Cir. 2010), reh’g denied (Mar. 14, 2011). Successfully represented appellant in an appeal from a judgment of infringement of three patents. The Federal Circuit held that Abraxis did not have standing to bring suit and remanded with instructions to dismiss.
  • Lexion Med., LLC v. Northgate Techs., Inc., No. 2009-1494 (Fed. Cir.). Represented appellant in seeking review of grant of summary judgment of infringement.
  • Transocean Offshore Deepwater Drilling, Inc. v. Maersk Contractors USA, Inc., 610 F.3d 1296 (Fed. Cir. 2010). Assisted appellee in seeking rehearing en banc based on the panel’s decision holding that the location of a contemplated sale controls whether an allegedly infringing act occurs within the United States under 35 U.S.C. § 271.
  • Aventis Pharma S.A. v. Sandoz Inc., Nos. 2008-1560, -1563, -1591 (Fed. Cir.). Represented appellee in an appeal from the grant of summary judgment of unenforceability based on inequitable conduct.
  • Abbott Labs. v. Sandoz Inc., 566 F.3d 1282 (Fed. Cir. 2009) (en banc in part), cert. denied, No. 09-335 (2010). Counsel in an appeal involving patents related to the antibiotic Omnicef® and generic cefdinir.
  • Boss v. Cabilly, No. 2009-1264 (Fed. Cir. 2010) (Interference No. 105,531). Successfully represented client in an appeal of the decision by the U.S. Patent and Trademark Office Board of Patent Appeals and Interferences that Genentech’s “Cabilly” patent application (No. 08/422,187) has priority over UCB Pharma’s “Boss” patent application (No. 08/450,727) covering recombinant DNA techniques for manufacturing antibodies. The technology is now a foundation for many top-selling cancer-treatment drugs such as Avastin®, Herceptin® and Rituxan®.
  • Lexion Med., LLC v. Northgate Techs., Inc., 292 Fed. Appx. 42 (Fed. Cir. 2008). Represented appellant in an appeal of a district court decision on claim construction and alleged infringement of a patent concerning medical devices related to endoscopic surgery.
  • Seirus Innovative Accessories v. Do-Gree Fashions Ltd., No. 2:05-cv-355 (D. Utah 2007-2008). Represented client in multiple-patent case relating to skiwear, which settled shortly after the client received a favorable claim interpretation ruling, but before the pending motions for summary judgment of non-infringement were decided.
  • Herman Miller, Inc. v. Teknion Corp. and Okamura Corp., No. 05-cv-2761 (N.D. Ill. 2007-2008). Represented client in a patent infringement action against Teknion and Okamura relating to Herman Miller's iconic Aeron® chair. Herman Miller obtained summary judgment that the accused chair literally infringed. The case settled shortly thereafter.
  • Pequignot v. Solo Cup Co., No. 1:07-cv-897 (E.D. Va. 2007-2008): Represented client against a false patent marking claim during discovery and preparation of a summary judgment motion. The claims eventually were dismissed on summary judgment.
  • Abbott Labs. v. Sandoz Inc., 486 F. Supp. 2d 767 (N.D. Ill. 2007). Successfully defended client against request for temporary restraining order and preliminary injunction by Abbott and Astellas before Judge Wayne R. Andersen over patents relating to a polymorph of crystalline cefdinir, an antibiotic also sold as Omnicef®.
Publications
Presentations
  • "The Question of Inequitable Conduct: Therasense, Inc. v. Becton, Dickinson & Co.," Federal Circuit Roundtable, Loyola University Chicago School of Law, April 7, 2011
  • "The New Law Under In re Bilski: Are Your Process Patents Now Invalid?," Utah Technology Council (UTC) Industry Luncheon, Salt Lake City, Utah, December 3, 2008