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Litigator of the Week Runners-Up and Shout Outs

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Morrison Foerster was featured in The AmLaw Litigation Daily’s coverage of client Shoreline Biosciences’ total victory against patent infringement claims brought by Fate Therapeutics and the Whitehead Institute in the Southern District of California.

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Morrison Foerster was featured in The AmLaw Litigation Daily’s coverage of client Shoreline Biosciences’ total victory against patent infringement claims brought by Fate Therapeutics and the Whitehead Institute in the Southern District of California.“The plaintiffs claimed that Shoreline’s use of certain stem cells it purchased from third parties infringed seven patents Fate licensed from Whitehead. But last week U.S. District Judge Marilyn Huff in San Diego agreed with Shoreline that it does not infringe the asserted method claims because the stem cells it used were not made using the patented two-step method at issue,” the article explained.The MoFo team representing Shoreline included Michael Jacobs, Eric Acker, Janet Xiao, Aaron Fountain, Drew Hillier, Wesley Chen, Karina Pundeff, Sarah Vandervalk, Caroline Pohl, Regan Rundio, and Emily Oetting.Read the <a href="https://www.law.com/litigationdaily/2023/09/08/litigator-of-the-week-runners-up-and-shout-outs-54/" target="_blank">full article</a> (subscription may be required).

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Eric has tried more than 50 trials (including more than 47 jury trials) in courtrooms across the country and was inducted into the American College of Trial Lawyers in 2018. His cases have involved a wide variety of technologies - including software, drug compositions, antibodies, medical devices, ultra-short pulse lasers, camera-based object recognition systems and atomic force microscopes – and significant stakes for clients.For instance, in the high-profile SCO v. Novell case, following a three-week trial, the jury affirmed our client Novell’s ownership of the copyrights to the UNIX software code and rejected SCO’s claim for damages of $100 to $200 million. Eric received a California Lawyer Attorney of the Year (CLAY) Award for his defense of Novell. In the Chugai v. Alexion case involving recycling antibody technology, he helped secure a $775 million settlement for Chugai hours before jury selection and opening statements. He has recently tried intellectual property cases in district courts in seven different states.Eric was named the Best Lawyers in America San Diego Litigation Patent Lawyer of the Year in 2014 and San Diego Litigation - Intellectual Property Lawyer of the Year in 2018 and was named a “California Local Litigation Star” in the 2015-2018 and 2022 and 2023 issues of Benchmark Litigation.Prior to joining Morrison Foerster, Eric spent 10 years as a federal prosecutor in the U.S. Attorney’s Offices for the District of Columbia and the Southern District of California.

Eric Acker

Senior Counsel

Dr. Janet (Jian) Xiao is a leading patent attorney specializing in global patent procurement, patent portfolio management, and IP strategic planning for life sciences and biopharmaceutical companies. Recognized by Chambers USA and Chambers Global as a top-ranked intellectual property lawyer, Dr. Xiao is highly sought after by biotech and pharmaceutical innovators worldwide for patent prosecution, patent strategy, and life sciences IP counsel.Dr Xiao’s clients range from large renowned multinational companies to emerging startups worldwide. She advises her clients on patent matters relating to various technologies including antibody therapeutics, cell therapeutics, nanomedicine, gene therapy, drug delivery systems, diagnostics, and nutraceuticals. Recognized for her deep understanding of the industry and knowledge of IP, Janet is known for developing and strengthening her clients’ complex patent portfolios to maximize their commercial value and success. She has been instrumental on the strategy development for multibillion-dollar patent portfolios for pharmaceutical clients, and adds tremendous value by combining her creative legal skills, keen business acumen, and solid foundation in science. As impressed clients noted to Chambers, “Janet consistently delivers a very high level of client service and exhibits strong commercial awareness and vision.”Janet works extensively in performing IP due diligence reviews in the contexts of VC investments, technology transactions, mergers and acquisitions, as well as marketing and manufacturing clearance for biopharmaceutical products. She works closely with her clients to assess potential risks and devise preemptive risk-management strategies for their product development and investments. She has led hundreds of IP due diligence projects, and is most notable for her deep knowledge about patent landscapes in the fields of cancer immunotherapy, gene editing, next-generation sequencing, liquid biopsy, antibody manufacturing, and medical devices. Janet works synergistically with patent litigators in the event of legal challenges by third-party competitors or vice versa, and is frequently called upon to represent clients in litigation and post-grant proceedings.Janet is among the very few IP attorneys in the world who are both equipped with solid skills in global strategic IP management and knowledgeable about IP issues unique to China and Chinese clients, and she has been the go-to counsel for IP issues in U.S./China cross-border transactions and operations in China. As Chambers Global 2024 notes, “She is great, very strong and thoughtful. She has a very large contingent of Chinese companies.”Janet is the Head of China Life Sciences at Morrison Foerster and served as co-chair of the firm’s global Life Sciences Group from 2016 to 2019. Chambers Global states that Janet “is recognized for her knowledge of IP law relating to the life sciences arena,” and that she is “held in high regard by sources for her deep understanding of the pharmaceutical and biotech industries.” In a recent edition of Chambers Global, a client remarks, “Janet is a wonderful lawyer. She is very experienced in advising life sciences clients doing business in China and the US. She is highly responsive and always gives practical advice. Her IP expertise adds tremendous value to our business.”

肖荐（Janet Xiao）博士的业务侧重于为生命科学公司处理在全球范围内的专利采购、专利组合管理和战略策划事宜。肖博士服务的客户范围广泛，包括大型跨国生物制药公司，例如赛尔基因公司（Celgene）和基因泰克公司（Genentech），也包括全球范围的新兴创业公司。她经常就与各种技术有关的专利事宜向客户提供法律意见，其中涉及的技术包括抗体疗法、细胞疗法、纳米医学、基因疗法、给药系统、诊断和和营养学等。来自全球的创新者纷纷向肖博士寻求专利申请和专利战略的法律咨询，这一点也得到了《钱伯斯指南》的认可。她帮助客户开发和加强其复杂的专利组合，从而为客户实现最大的商业价值。在为制药行业的客户制定数十亿美元专利组合的战略方面，肖博士发挥着重要的作用。《钱伯斯指南》曾引用客户评价称，“肖博士是我曾合作过的律师当中知识最渊博、效率最高的一位律师。她能很好地将专利组合的历史信息用于全球专利申请问题上。”肖博士针对风险投资、技术交易、并购和生物医药产品的市场推广与生产许可事宜开展广泛的知识产权尽职调查审查工作。她协助世界上一些最成功的生物制药公司和投资者，为其产品开发和投资评估潜在风险，并制定先发制人的风险管理策略。她曾牵头处理过数百个知识产权尽职调查项目，并凭借自己对癌症免疫治疗、基因编辑、新一代测序、液体活检、抗体制造和医疗设备领域的专利方面的深厚知识而闻名。肖博士时常与专利诉讼律师合作，处理由第三方竞争者提出的法律质疑，或对第三方竞争者提出的法律质疑，她还经常受聘代表客户处理专利诉讼和授予后程序。肖博士是美富中国生命科学业务组主管，她曾在2016至2019期间担任美富全球生命科学业务组的联席主管。肖博士是全球为数不多的既拥有很强的全球战略性知识产权管理技能，同时又对中国和中国客户独特的知识产权问题具有深刻理解的知识产权律师之一，她一直是处理中美跨境交易和在中国境内经营中所涉知识产权问题的首选律师。《钱伯斯全球指南》称赞她是一位优秀的知识产权律师，“她因处理与复杂跨境交易有关的知识产权问题工作而知名，经常代表中国客户处理这方面的事宜” 。在近期一版《钱伯斯全球指南》中，某客户评价称，“肖博士在为于中国和美国开展业务的生命科学客户提供法律意见方面，有非常丰富的经验。她非常负责而且总是提供切实可行的法律意见。她在知识产权方面的专业意见为我们的业务增添了巨大价值。”自2005年以来，肖博士一直积极参与北美华人生物医药协会（CABS）的领导工作。该协会是一家非营利组织，致力于成为连接中美两国生命科学领域的纽带。肖博士在2011至2012年间担任该协会主席。她还是百华协会（BayHelix）的成员。百华协会是一家非营利组织，由全球生命科技和医疗保健产业领域的华人精英组成。

Janet Xiao

Partner

Aaron is an experienced courtroom lawyer who partners with his clients to protect their intellectual property. He frequently serves as lead counsel in the most important patent venues in the nation, including the Western and Eastern Districts of Texas, the District of Delaware, the International Trade Commission, and the Court of Appeals for the Federal Circuit.Leveraging his background as a research scientist, Aaron crafts accurate, effective strategies involving complex innovations. He has represented clients in disputes before the U.S. Patent and Trademark Office, including inter partes review proceedings before the PTAB, and he has counseled clients on patent portfolio management and strategy. Aaron has litigated matters across a diverse mix of industries, including:<ul><li>Specialty chemicals</li><li>Medical devices</li><li>Molecular diagnostics</li><li>Sportswear</li><li>Consumer electronics</li><li>Topical pharmaceuticals</li><li>Software</li><li>Telecom infrastructure</li><li>Oil field services</li><li>Automotive</li><li>Semiconductors</li></ul>Prior to his legal career, Aaron was a research scientist focusing on instrumentation design and method development for proteomics research. Additionally, he previously served as a law clerk to the Honorable Arthur J. Gajarsa for the U.S. Court of Appeals for the Federal Circuit and as a law clerk to the Honorable Harry Lee Hudspeth for the U.S. District Court for the Western District of Texas. Aaron was also a judicial intern to the Honorable Ewing Werlein, Jr. for the U.S. District Court for the Southern District of Texas.Aaron has been recognized in leading publications for intellectual property, including Chambers USA, Law360, Super Lawyers, and The Legal 500 US.Aaron’s pro bono activities include successfully serving as lead appellate counsel representing veterans before the United States Court of Appeals for Veterans Claims and lawful permanent residents before the Board of Immigration Appeals. He is a member of the Federal Circuit Bar Association, the Austin Intellectual Property Lawyers Association, and the American Intellectual Property Lawyers Association.

Aaron Fountain

Practice Group Lead, IP Litigation

Drew Hillier uses his first-chair experience and background as a former federal law clerk to navigate the most complex intellectual property disputes.He has a record of success representing Fortune 100, Fortune 500, and other sophisticated clients in patent suits in district courts across the country, as well as before the PTAB, the Judicial Panel on Multidistrict Litigation, and the Federal Circuit. He also represents clients in complex matters involving copyright, the intersection of patent rights with antitrust, unfair trade practices, trade secrets, and licensing.Drew focuses his practice on patent litigation, with an emphasis on the pharmaceutical, biologic drug, diagnostic equipment, and medical device sectors. Executives and in-house counsel in those fields have entrusted Drew to defend their companies in the most crucial aspects of litigation. Clients regularly rely on Drew, with his extensive courtroom experience, to lead oral argument on high-stakes matters.Drew is an elected member of the Board of Governors of the Association of Business Trial Lawyers. His achievements have been recognized nationally, including winning The American Lawyer’s Litigator of the Week runner-up honors.Before clerking in a U.S. district court, Drew graduated first in his class and was editor-in-chief of the Connecticut Law Review at the University of Connecticut, School of Law, which he attended on a full-tuition merit scholarship. He is a Phi Beta Kappa graduate of Saint Louis University, where he earned his B.A. summa cum laude.<h4>Representative Experience</h4><ul><li>Won summary judgment in the Southern District of California in a cellular-therapeutics patent infringement case.</li><li>Represented Chugai in patent litigation in the District of Delaware involving Chugai’s revolutionary antibody recycling technology. The team secured a $775 million settlement for Chugai hours before jury selection and opening statements at trial.</li><li>First-chaired a bench trial in an international dispute.</li><li>Defended a pharmaceutical company in a suit involving dozens of patents from seven patent families directed to controlled release and abuse-deterrent dosage forms in the District of Delaware.</li><li>Represented an alleged patent infringer in the District of Connecticut, including winning a motion to dismiss the patentee’s complaint for failure to state a claim and defeating the patentee’s motion to transfer to the Eastern District of Texas.</li><li>Defended a medical device manufacturer in a patent case in the Southern District of California.</li><li>Litigated an inventorship and licensing dispute involving spinal implants to a successful resolution in the Southern District of New York.</li><li>Defended an international law firm in a suit brought by a celebrity rapper involving rights of publicity. The court ultimately ruled in the firm’s favor.</li><li>Litigated a patent infringement dispute over genetic-sample collection devices in the Southern District of California.</li></ul>

Drew Hillier

Associate

Dr. Wesley Chen is an associate in the Litigation Department of Morrison & Foerster’s San Diego office.Wesley received his J.D. from the University of Southern California, where he served as president of the Intellectual Property & Technology Law Society and co-president of the International Refugee Assistance Project. While in law school, he wrote and edited for the Interdisciplinary Law Journal. He also externed at the USC Stevens Center for Innovation and assisted in technology transfer matters.He received his Ph.D. in biological sciences from the University of California, Irvine, where he was awarded a California Institute for Regenerative Medicine (CIRM) training grant to investigate the application of induced pluripotent stem cell technology in Alzheimer’s disease. Wesley received his B.S. in neuroscience from the University of California, Los Angeles.

Wesley Chen

Karina Pundeff is an associate in Morrison Foerster’s Intellectual Property Litigation Group.Karina has litigated a wide range of high-technology patent and trade secret matters in federal and state courts. The technologies at issue in her matters have spanned areas such as computer software, semiconductors, medical devices, and pharmaceuticals. Before joining MoFo, Karina served as a judicial extern to the Honorable M. Margaret McKeown in the United States Court of Appeals for the Ninth Circuit, and to the Honorable Janis L. Sammartino and the Honorable Jill L. Burkhardt both of the United States District Court, Southern District of California in San Diego, CA.Karina received her J.D. magna cum laude from the University of San Diego School of Law where she was elected to the Order of the Coif.  She received her B.A. in Political Science from the University of California, Santa Barbara. Karina is a member of the California Bar.

Karina Pundeff

Sarah is a member of the firm’s Litigation Group with a focus on intellectual property.Sarah graduated magna cum laude from the University of San Diego School of Law, where she was elected to the Order of the Coif. While in law school, Sarah served as a judicial extern for the Honorable Kenneth K. Lee of the Ninth Circuit Court of Appeals and the Honorable Thomas J. Whelan of the U.S. District Court, Southern District of California. She also worked as a felony intern at the San Diego Office of the Public Defender.Prior to law school, Sarah earned her Bachelor of Science in Chemical Engineering from the University of Massachusetts. Her engineering work focused on research and development in a diversity of energy-related fields from oil refinery operations to hydrogen fuel cell development to algae-based biodiesel production.