C. Nichole Gifford
C. Nichole Gifford has extensive experience in litigation and counseling related to all aspects of intellectual property, including patent, copyright, trademark, trade secret, unfair competition and antitrust. Ms. Gifford has particular expertise in Hatch-Waxman litigation and FDA regulatory issues. She has substantial trial experience, having litigated more than 20 Hatch-Waxman cases and numerous other patent cases in Federal District and Appellate Courts. Additionally, Ms. Gifford has participated in trials before all four judges currently sitting in the U.S. District Court for the District of Delaware.
Ms. Gifford has represented foreign and domestic clients in U.S. District Courts, U.S. Appellate Courts, the Food and Drug Administration, the Trademark Trial and Appeal Board, and the World Intellectual Property Organization. She also interned for the Honorable Julia S. Gibbons, U.S. District Court for the Western District of Tennessee.
Ms. Gifford's patent litigation experience includes a wide range of technical fields including mechanical, pharmaceutical, chemical, and material science. She also has experience with e-commerce and internet business method patent litigation. Ms. Gifford also performs a wide range of additional intellectual property-related services, including drafting and negotiating licenses and settlement agreements, and conducting due diligence.
Representative cases include:
Federal District Court
Sunovion Pharms. Inc. v. Watson Pharms Inc., Civil Action No. 12-993 (D. Del.)
Cipher Pharms v. Actavis, Civil Action No. 13-6502 (D.N.J.)
Dentsply v. U.S Endodontics, Civil Action No. 14-0196 (E.D. Tenn.)
Cephalon, Inc. v. Mylan Pharms. Inc., Civil Action No. 11--164 (D. Del.)
Novartis Pharmaceuticals Corp. et al. v. Watson Laboratories, Inc. et al., Civil Action No. 13-371 (D.Del.)
Pfizer Inc. v. Cobalt Laboratories Inc., Civil Action No. 09-00315 (D. Del.)
Laboratory Skin Care v. Limited Brands and Bath and Body Works, Civil Action No. 11-1112 (D Del.)
Otsuka Pharm. Co. v. Sandoz et al., Civil Action No. 07-cv-01000 (consolidated) (D.N.J.
Sepracor v. Breath, Civil Action No. 06-10043 (D. Mass.)
Sanofi Aventis v. Mylan Pharms., Civil Action No. 03-1179 (D.N.J.)
Mylan Laboratories, Inc. v. Tommy G. Thompson, Civil Action No. 04-1049 (D. D.C.
Guardian Industries Corp. Inc. v. AFG Industries, Inc., Civil Action No. 03-73722 (E.D. Mich.)
Alza Corp. v. Mylan Laboratories, Inc., Civil Action No. 02-20 (D. Vt.)
Bristol-Meyer Squibb v. Mylan Pharm., Inc., et al., Civil Action No. 01-CV-0414 (S.D. N.Y.)
Schering Corp. v. Mylan Pharmaceuticals, Inc., Civil Action No. 00-1657 (D. N.J)
Call, Inc. v. Advanced Health Media LLC, Civil Action No. 11-3723 (D.N.J.)
Merck and Company, Inc. v. Mylan Pharmaceuticals, Inc., Civil Action No. 03-CV-1953 (NRW), S.D. N.Y.
NaPro BioTherapeutics, Inc. and Abbott Laboratories v. Mylan Labs, Inc. et al., Civil Action No. 01-CV-1048, W.D.Pa.
Organon, Inc. v. Mylan Pharms., Civil Action No. 01-3835 (D.N.J.)
Biovail v. Mylan Labs, Civil Action No. 01-cv-00066 (D. W.Va.)
Progressive Industries v. Bradley Pulverizer, Civil Action No. 01-0296 (N.D. Ala.)
Areas of Concentration
Publications & Presentations
“Patent Law Perspective on the Report of the Federal Trade Commission on Balancing Competition and Patent Law and Policy,” Prepared for the ABA Section of Antitrust Law, May, 2004
“Limitations on Exclusive IP Rights by Competition Law,” Prepared for AIPPA, Response of the American Group to Q187, March 2003
“Patent Litigation: Lessons from Recent Cases,” Prepared for the Biotechnology and Pharmaceuticals Conference, Law Seminars International, April 2002
"The Sonny Bono Copyright Term Extension Act" , 30 U.Mem.L.Rev. 363 (Winter 2000), reprinted in Intellectual Property Law Review (West 2001)