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Successful Resolution of Multi-Year Pharmaceutical Patent Litigation

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Summary: Our intellectual property team served as Virginia co-counsel for an international pharmaceutical company in multi-year patent litigation against a competitor in the Eastern District of Virginia (EDVa), Norfolk Division. We provided critical local court expertise and comprehensive trial preparation support, successfully positioning the case for favorable resolution shortly before trial.

The Challenge: Our client faced multi-year patent litigation against a competitor in the Eastern District of Virginia's Norfolk Division, requiring sustained strategic counsel through extended litigation proceedings. The case demanded navigating the complexities of the EDVa "Rocket Docket," known for its aggressive scheduling and compressed timelines that require exceptional preparation and deep familiarity with local court practices. The client needed experienced Virginia co-counsel who could provide invaluable insights into judicial preferences and procedural requirements while supporting all aspects of trial preparation for this high-stakes pharmaceutical patent dispute.

Our Strategy: Throughout the multi-year litigation, we provided sustained strategic counsel focused on positioning the case for optimal resolution. Our approach emphasized early case assessment and continuous evaluation of settlement opportunities as the litigation progressed through each phase. We helped the litigation team develop a comprehensive understanding of Norfolk Division practices to assess realistic trial outcomes and leverage that knowledge in settlement discussions. As the case approached trial, we intensified our focus on demonstrating trial-readiness through thorough preparation of witnesses, exhibits, and trial themes, creating negotiating leverage that encouraged productive settlement dialogue. Our knowledge of EDVa procedures and likely trial outcomes informed strategic recommendations that ultimately facilitated the favorable pre-trial resolution.

The Result: We successfully supported our client through multi-year patent litigation, providing the local court expertise and comprehensive trial preparation necessary to achieve a favorable resolution shortly before trial. Our deep knowledge of EDVa court practices and thorough preparation positioned our client advantageously for settlement negotiations, enabling the parties to resolve the dispute on terms acceptable to our client while avoiding the uncertainty and expense of trial. The case demonstrates our ability to serve as effective long-term local counsel in complex EDVa patent litigation, delivering strategic insights and sustained support that helps clients achieve optimal outcomes in high-stakes pharmaceutical intellectual property disputes.

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