Marie A. McKiernan

Marie McKiernan assists the firm in the areas of patent, trademark, trade secret and copyright litigation.

Posts by Marie:

An Exercise in Restraint: Seeking and Combatting Injunctive Relief

(as published in IPWatchdog) Prior to the Supreme Court’s ruling in eBay v. MercExchange, when there was a finding of infringement, granting an injunction was almost automatic. See Richardson v. Suzuk...

Articles Patent Biotechnology

Expert Declarations in Inter Partes Review Proceedings Must Do More Than Create Noise: PTAB Silences Challenge to Patented Method for Cleaning “Noisy” Genetic Data

Overview On December 11, 2020, the PTAB issued a Final Written Decision in Illumina, Inc. v. Natera, Inc., IPR2019-01201, upholding the validity of Natera Inc.’s patent for determining genetic data fr...

Articles Litigation

COVID Prompts Compromise: Jury Trial Set to Proceed In-Person Partially

UPDATE: THE FOLLOWING CONTENT WAS ADDED AUGUST 5, 2020

Articles Biotechnology

Harmony Brings Discord: Federal Circuit Affirms Finding that Ariosa Diagnostics’ Harmony® Pre-Natal Test Infringes Illumina and Verinata Health Patents

Overview Cell-free fetal DNA technology was again the centerpiece of a dispute between plaintiffs Illumina and Verinata Health (referred together as Illumina), and defendants Ariosa Diagnostics and Ro...

Articles Litigation

Must the Show Go On?: Some Judges Press Forward Scheduling Remote Patent Bench Trials

UPDATE: THE FOLLOWING CONTENT WAS ADDED JUNE 1, 2020 On May 27, 2020, the Honorable Colleen McMahon issued trial procedures in Ferring Pharmaceuticals Inc., et al. v. Serenity Pharmaceuticals, LLC, et...