Steve Keane

Of Counsel | San Diego | (858) 314-5474
(858) 314-5474

Steve Keane is of counsel in the firm’s Intellectual Property Group. Mr. Keane focuses his practice on patent litigation, with an emphasis on life sciences.

Combining his extensive experience as a scientist with years of patent practice and a deep understanding of industry, Mr. Keane advises clients on a wide variety of patent matters and on all phases of patent litigation. He has litigated BPCIA, Hatch-Waxman, and other patent disputes in federal courts throughout the country and also has substantial experience litigating Section 337 investigations before the U.S. International Trade Commission. His experience includes several multi-week patent trials and several appeals to the Federal Circuit. Mr. Keane also has significant experience negotiating settlement and license agreements arising from patent disputes, particularly in the pharmaceutical context. In 2013, Mr. Keane spent several months as in-house counsel at Sandoz Inc., the second largest generic pharmaceutical company in the U.S., where he was embedded in all aspects of Hatch-Waxman patent litigation and settlement strategy. Before joining Morrison & Foerster, Mr. Keane was a senior project scientist at an engineering consulting firm, serving as the point person for all strategic decisions and stakeholder negotiations.

Mr. Keane maintains an active pro bono practice. In that capacity, he successfully first-chaired a jury trial to unanimous verdict on behalf of the County of San Diego and has fought aggressively for children's rights. He is part of the Morrison & Foerster pro bono team that won a precedent-setting summary judgment victory for foster children in California, an effort that earned the team the President’s Pro Bono Service Award from the State Bar of California and selection as one of five Outstanding Pro Bono Projects of 2010 by the Daily Journal. Mr. Keane also spearheaded an effort to increase public disclosure of county welfare documents following fatal child abuse, obtaining a writ of mandamus against a state agency and earning the Shining Star Award from the Children’s Advocacy Institute. Mr. Keane has also received the Pro Bono Publico Award from Casa Cornelia Law Center for outstanding contribution to the legal profession and Special Congressional Recognition for outstanding service to the community.

In 2014 and 2015, Mr. Keane was named a “Rising Star” by Super Lawyers.

Mr. Keane attended Stanford Law School, where he published two law review articles on the intersection of law and science. The first was published in the Stanford Law Review and the second was the winning submission in an international writing competition.

Mr. Keane received a master’s degree from the University of Michigan for research in geology and geochemistry, work that was funded by a National Science Foundation Predoctoral Fellowship. He received his bachelor’s degree from the University of Southern California, where he was elected to Phi Beta Kappa.

Mr. Keane is admitted to practice before the U.S. Patent and Trademark Office.

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  • (Northern District of California). Part of a team that secured a victory for Sandoz in the first case to interpret the Affordable Care Act’s Biologics Price Competition and Innovation Act (BPCIA), paving the way for Sandoz’s launch of the first biosimilar approved by FDA.

  • (Southern District of New York). Represented Sandoz and Momenta Pharmaceuticals in a three-week trial concerning a generic version of Copaxone, Teva’s $4 billion multiple sclerosis drug.

  • (Southern District of New York). Represented Sandoz and Momenta Pharmaceuticals in a second patent infringement action involving Copaxone, resulting in a complete dismissal.

  • (International Trade Commission, 337-TA-853). Represented Kyocera in a two-week evidentiary hearing in a patent infringement dispute involving microprocessor clocking technology, resulting in a favorable settlement.

  • (District of New Jersey). Represented Sandoz in post-trial proceedings and negotiations that led to a favorable settlement involving the right to launch a generic version of the ICU sedative Precedex.

  • (Southern District of New York). Represented Sandoz in post-trial negotiations that led to a favorable settlement involving the right to launch a generic version of OxyContin.

  • (District of Delaware). Represented Sandoz in patent litigation involving a generic version of Taxotere, a chemotherapeutic agent used for the treatment of a variety of cancers. After a successful conclusion to the litigation, Sandoz launched its generic product in the United States.

  • (Eastern District of Texas). Represented Codian in patent litigation involving videoconferencing technology, resulting in a favorable settlement.




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