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Nelson Mullins COVID-19 Resources

Nelson Mullins is continuing to monitor developments related to COVID-19, including guidance from the Centers for Disease Control and various federal, state, and local government authorities. The firm is taking appropriate precautionary actions and has implemented plans to ensure the continuation of all firm services to clients from both in office and remote work arrangements across our 25 offices. 

In addition, click the link below to access extensive resources to address a wide variety of topics resulting from the virus, in general and by industry,  including topics such as essential businesses, force majeure, business interruption insurance, CARES Act and FFCRA, and others. 

Nelson Mullins COVID-19 Resources

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May 14, 2020

Nine States Sue EPA Over Temporary COVID-19 Enforcement Policy
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John Bauer

John Bauer

Partner

280 Park Avenue
15th Floor West
New York, NY 10017
john.bauer@nelsonmullins.com

John Bauer is an experienced patent litigator with first chair trial and appellate experience before district courts and the Court of Appeals for the Federal Circuit. He has litigated in a wide range of complex technologies and has represented pharmaceutical, medical device, diagnostic, industrial equipment, and telecommunication companies as well as universities. His pharmaceutical litigation...

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John Bauer is an experienced patent litigator with first chair trial and appellate experience before district courts and the Court of Appeals for the Federal Circuit. He has litigated in a wide range of complex technologies and has represented pharmaceutical, medical device, diagnostic, industrial equipment, and telecommunication companies as well as universities. His pharmaceutical litigation has included both small molecules (Hatch-Waxman) and large molecules (biologics).

Mr. Bauer also has experience before the Patent Trial and Appeal Board (PTAB) and Board of Patent Appeals and Interferences (BPAI), including Inter Partes Review (IPR) and Post Grant Review (PGR) proceedings and interferences.

John Bauer

has included both small molecules (Hatch-Waxman) and large molecules (biologics).

Mr. Bauer also has experience before the Patent Trial and Appeal Board (PTAB) and Board of Patent Appeals and Interferences (BPAI), including Inter Partes Review (IPR) and Post Grant Review (PGR) proceedings and interferences.

John Bauer is an experienced patent litigator with first chair trial and appellate experience before district courts and the Court of Appeals for the Federal Circuit. He has litigated in a wide range of complex technologies and has represented pharmaceutical, medical device, diagnostic, industrial equipment, and telecommunication companies as well as universities. His pharmaceutical litigation... has included both small molecules (Hatch-Waxman) and large molecules (biologics).

Mr. Bauer also has experience before the Patent Trial and Appeal Board (PTAB) and Board of Patent Appeals and Interferences (BPAI), including Inter Partes Review (IPR) and Post Grant Review (PGR) proceedings and interferences.

Experience

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

  • Represented a pharmaceutical company in a PGR alleging a patent covering a method of treating cancer is invalid. The PTAB invalidated the patent on all asserted obviousness and lack of enablement grounds.
  • Represented a pharmaceutical company asserting patent infringement against multiple generic manufacturers in a Hatch-Waxman litigation involving a statin. After a two-week trial, the district court found the patents valid and infringed. Mr. Bauer’s cross-examination was quoted in the favorable opinion. The district court's decision was recently affirmed by the Federal Circuit
  • Represented a pharmaceutical company asserting patent infringement against another pharmaceutical company for its manufacture and sale of an anti-cancer agent. The case settled favorably for millions of dollars
  • Represented a patent owner and successfully defended two IPRs relating to video coding
  • Represented a Respondent in a § 337 ITC action alleging wrongful importation and patent infringement of microneedle patches. After discovery, the Petitioner withdrew the complaint with prejudice
  • Represented an eyeglass manufacturer in an IPR and successfully invalidated two patents covering fluid-filled adjustable eyeglasses
  •  Represented a pharmaceutical company in an IPR alleging a patent covering a therapeutic composition of iduronate-2-sulfatase is invalid
  • Represented a pharmaceutical company asserting patent infringement against a generic manufacturer in a Hatch-Waxman litigation involving a delayed-release prednisone. The case settled favorably
  • Defended a manufacturer of multimillion-dollar computer controlled plate glass coating equipment against a charge of patent infringement alleging damages for the use of said equipment. The case settled favorably
  •  Defended a pharmaceutical company against a charge of patent infringement alleging damages for hundreds of millions of dollars for its manufacture and sale of a recombinantly produced EPO. After a successful trial, case settled favorably just before Federal Circuit oral argument
  • Defended a pharmaceutical company in a case involving alleged infringement of a recombinant tPA analog. Obtained partial summary judgment of no infringement before the pharmaceutical company was purchased and forced by the FTC to sell its rights to the analog to a third party
  • Defended a medical device company against a charge of patent infringement for its manufacture and sale of a self-expanding nitinol stent. Case settled favorably after a jury trial, but before the jury rendered its verdict
  • Defended a major university against a charge of patent infringement involving laser technology. District Court granted summary judgment of no infringement, and the case settled favorably after a Federal Circuit decision
  • Represented a telecommunications company in a bet-the-company patent infringement case involving telecommunications and e-commerce. Initially defeated a motion for a preliminary injunction and subsequently won the case on a motion for summary judgment of no infringement
  • Defended a molecular diagnostics company against a charge of patent infringement relating to biological assays. Case settled favorably just prior to Markman hearing
  • Successfully represented a pharmaceutical company and university that sued the USPTO in district court to obtain the correct (and significantly longer) period of Patent Term Adjustment (PTA)

Education

  • Catholic University, JD
  • Ohio State University, BS, Genetics

Admissions

  • New York,
  • U.S. Court of Appeals for the Federal Circuit,
  • U.S. Patent & Trademark Office,

Practice Areas

Industries

  • Member, American Intellectual Property Law Association (AIPLA)
  • Member, American Bar Association
  • Member, Association of Trial Lawyers of America (ATLA)
  • Member, Federal Circuit Bar Association
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