Mary Prendergast

Mary Prendergast

Education

University of Notre Dame (B.F.A., 2005)
University of California, Los Angeles (J.D., 2010)

Bar Admissions

California
District of Columbia

Mary Prendergast is an associate in the firm’s Intellectual Property Group. Ms. Prendergast focuses her practice on patent, trade secret, and other intellectual property and commercial litigation matters.

Ms. Prendergast has represented clients from a broad range of industries, including pharmaceuticals, medical devices, electronics, software, and telecommunications. She has extensive experience in all stages of litigation, including pleadings, drafting and arguing Markman and dispositive motions, coordinating fact and expert discovery, taking and defending depositions, and trial.

Ms. Prendergast has received the Wiley W. Manuel Award from the California State Bar for her pro bono contributions. She has evaluated potential cases for the California Innocence Project and worked on civil rights matters, including a lawsuit directed at curtailing suppression of free speech at border crossings.

Ms. Prendergast received her J.D. from the University of California, Los Angeles, where she was editor-in-chief of the UCLA Journal of International Law & Foreign Affairs and received Outstanding Oral Advocate honors as a member of UCLA’s Moot Court Honors Program.  Ms. Prendergast received her B.F.A. cum laude from the University of Notre Dame.

Ms. Prendergast has worked as a law clerk for the California Attorney General’s Office, and as a legal extern at the Department of Defense General Counsel’s Office for International Affairs.

Smartphone Litigation.
Represented a smartphone manufacturer in high-profile patent litigation that has resulted in jury verdicts totaling over $1.1 billion.
Alcon LenSx v. Neev
(Arbitration/Central District of California). Represented Alcon LenSx in a three-day patent infringement and licensing arbitration hearing involving laser-tissue interaction technology, resulting in a complete victory for Alcon LenSx that was confirmed by the district court and affirmed by the Federal Circuit.
Area 55 v. Amazon
(Southern District of California). Reached a favorable settlement on behalf of Area 55 in a patent and trade dress infringement case after obtaining favorable claim construction, prevailing on motion to dismiss Amazon’s counterclaims, and defeating Amazon’s summary judgment and Daubert motions.
Nikon Metrology v. Faro Technologies
(District of Massachusetts). Represented Nikon Metrology in a two-week jury trial in a patent case involving laser line scanner and articulated arm metrology solutions.
Fractus v. Kyocera
(Eastern District of Texas). Reached a favorable settlement on behalf of Kyocera (minutes before opening statements in a jury trial), after Kyocera was accused of infringement by a Spanish internal cell phone antenna developer.
Anvik v. Nikon
(Southern District of New York). Defended Nikon against patent infringement claims aimed at lithography machines used in fabrication of most of the large-panel LCD displays in the world, including drafting of summary judgment briefing that resulted in a judgment of invalidity on all asserted patents.
Teva v. Sandoz
(Southern District of New York). Represented the manufacturer of a generic version of Copaxone, Teva’s $4 billion multiple sclerosis drug, in a three-week trial under the Hatch-Waxman Act.
Allergan v. Sandoz
(Eastern District of Texas). Represented the manufacturer of a generic version of the glaucoma treatment Lumigan 0.01% in a week-long trial under the Hatch-Waxman Act.
Smartphone Litigation.
Represented a smartphone manufacturer in high-profile patent litigation that has resulted in jury verdicts totaling over $1.1 billion.
Alcon LenSx v. Neev
(Arbitration/Central District of California). Represented Alcon LenSx in a three-day patent infringement and licensing arbitration hearing involving laser-tissue interaction technology, resulting in a complete victory for Alcon LenSx that was confirmed by the district court and affirmed by the Federal Circuit.
Area 55 v. Amazon
(Southern District of California). Reached a favorable settlement on behalf of Area 55 in a patent and trade dress infringement case after obtaining favorable claim construction, prevailing on motion to dismiss Amazon’s counterclaims, and defeating Amazon’s summary judgment and Daubert motions.
Nikon Metrology v. Faro Technologies
(District of Massachusetts). Represented Nikon Metrology in a two-week jury trial in a patent case involving laser line scanner and articulated arm metrology solutions.
Fractus v. Kyocera
(Eastern District of Texas). Reached a favorable settlement on behalf of Kyocera (minutes before opening statements in a jury trial), after Kyocera was accused of infringement by a Spanish internal cell phone antenna developer.
Anvik v. Nikon
(Southern District of New York). Defended Nikon against patent infringement claims aimed at lithography machines used in fabrication of most of the large-panel LCD displays in the world, including drafting of summary judgment briefing that resulted in a judgment of invalidity on all asserted patents.
Teva v. Sandoz
(Southern District of New York). Represented the manufacturer of a generic version of Copaxone, Teva’s $4 billion multiple sclerosis drug, in a three-week trial under the Hatch-Waxman Act.
Allergan v. Sandoz
(Eastern District of Texas). Represented the manufacturer of a generic version of the glaucoma treatment Lumigan 0.01% in a week-long trial under the Hatch-Waxman Act.

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