Jenner & Block


Mr. Barlow has litigated a number of significant cases.  Most recently, he represented a chemical company, as plaintiff.  After a jury trial, the client obtained a judgment of over $75 million.  The case involved polyethylene and polyethylene films.   Examples of other patent infringement cases in the areas of chemicals, computer software/electronics and biotechnology / medical devices are listed below. 

  • Lead counsel for car manufacturer in software copyright infringement action against after-market supplier.
  • 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 dismissal before answering complaint based on prosecution history estoppel for biosimilar company.
  • Lead counsel in obtaining summary judgment of non-infringement for a chemical company; argued appeal resulting in affirmance.
  • Ortho-McNeil v. Mylan - represented Ortho-McNeil in ANDA litigation over Topomax, an anti-convulsive medication with over $2 billion annual sales.  Obtained summary judgment on all claims and defenses and affirmance by Federal Circuit.
  • 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. 
  • PolyMASC v. Alza - represented drug-delivery pioneer, Alza, in a patent infringement case involving a liposome-based cancer chemotherapy product.  Obtained summary judgment of non-infringement. 
  • C.R.Bard v. Medtronic - represented Medtronic in a case over heart blood filters.  Jury found for Medtronic.
  • Advanced Software v. Reed Elsevier and Corel - represented a pioneer in the field of computerized document management and automatic redlining in obtaining a favorable settlement.
  • Represented a chemical company in world-wide litigation over the patents on the newest generation of ethylene polymers and catalysts.  These cases included five patent infringement litigations in three different federal district courts and the Court of Appeals for the Federal Circuit, two patent infringement litigations in each of the United Kingdom, Germany and the Netherlands, twelve contested interference proceedings in the United States Patent and Trademark Office and patent oppositions in the European Patent Office and the Japanese Patent Office. 
  • Represented a chemical company in a patent infringement case involving x-ray crystallography testing of catalysts for making polyethylene. 
  • LaserSight v. VISX, Inc. - represented a pioneering laser-eye surgery manufacturer in a patent infringement suit involving several of the basic laser-eye surgery patents. 
  • Richardson-Vicks v. Upjohn, McNeilPharmaceuticals and Johnson & Johnson - represented defendants McNeil and J&J in case involving mixtures of ibuprofen and pseudoephedrine.  After trial, the Court ruled that the patent was invalid based on obviousness.