Jenner & Block

 

Mr. Barlow has litigated a number of significant cases. Most recently, he successfully obtained a favorable settlement for coal plant operator accused of patent infringement, was lead counsel for an automobile manufacturer in obtaining a favorable license against a copyright infringement defendant, and was lead counsel in obtaining summary judgment of non-infringement for a major chemical manufacturer in the District of Delaware and on appeal.

  • Lead counsel for coal plant operator in obtaining favorable settlement in complex patent infringement case.
  • Lead counsel for car manufacturer in software copyright infringement action against after-market supplier.
  • Lead counsel for chemical company in obtaining summary judgment of non-infringement for polymer product manufacturing process in the District of Delaware; lead counsel in affirmance in CAFC.
  • Lead counsel for chemical company in obtaining summary judgment on breach of contract, unjust enrichment, fraud and other complex commercial claims in case over failed joint development agreement.
  • Successfully obtained Rule 12(b)(6) dismissal of BPCIA complaint based on prosecution history estoppel for biosimilar company.
  • Represented numerous ANDA plaintiffs and defendants in Hatch-Waxman litigation resulting in successful launches of sole-generic due to non-infringement rulings; successfully enjoining all generic entrants on summary judgment of non-obviousness and no inequitable conduct.
  • Represented a chemical company in a jury trial and in the appellate court resulting in a $153 million judgment for the client and a remand for further damages proceedings on exports that had been excluded from the jury trial by the district court. The case involved ethylene oxide catalysts and processes for making ethylene oxide.
  • Represented numerous chemical companies in the area of polymer manufacturing, new polymer compositions-of-matter, catalysis and uses.