Gregory Booker is a patent trial attorney who thrives on a challenge. He excels in the most complex cases, representing clients in jury and bench trials in U.S. District Courts throughout the country, in appeals, and in post-grant proceedings before the Patent Trial and Appeal Board.
Greg has extensive experience in all phases of litigation, from pre-suit investigation, fact and expert discovery, and claim construction through motion practice, trials, and appeals. He is exceptionally skilled in handling the most complicated, game-changing patent cases for pharma, biotech, medical device, and material-based companies. He has prevailed in cases involving a variety of technologies, including pharmaceutical formulations, biologics, drug delivery systems, orthopedic devices, dental products, antivirals, cardiac medications, contact lenses, and polymers, among others.
Through careful fact analysis, intensive discovery, and witness and expert examination, he builds the strongest case possible and then develops and delivers clear and convincing arguments that often prove critical in securing a favorable ruling. In one noteworthy matter, Greg’s analysis was key in helping client Cephalon prevail in Hatch-Waxman litigation over its cancer pain medication Fentora®. Although the court did not find in Cephalon’s favor regarding its Orange Book-listed patents, Greg’s argument on a different patent won the day, setting the client up for success, keeping its brand on the market, and staving off infringers. In another matter, Greg was a member of the team that successfully defended Gilead Sciences against a $2 billion infringement allegation. Greg helped wipe out a $200 million jury verdict against Gilead while prevailing on an “unclean hands” defense against Merck.
Beyond the courtroom, Greg has helped clients strengthen their patent portfolios by correcting weaknesses, strengthening patent claims, and addressing vulnerabilities to infringement and invalidity claims.
Greg instructs newer lawyers through the firm’s in-house training program. The training includes courses on witness preparation, depositions, and trial presentation.
Before joining Fish & Richardson, Greg was a product development senior scientist with Johnson & Johnson Consumer Health, where he developed wound and skin care products.
Experience
Cephalon, Inc. and CIMA Labs, Inc. v. Watson Pharmaceuticals (D. Del.) – Representing plaintiffs Cephalon and CIMA in Hatch-Waxman litigation related to pain medication for cancer patients.
Cephalon, Inc. and CIMA Labs, Inc. v. Barr Pharmaceuticals (D. Del.) – Representing plaintiffs Cephalon and CIMA in Hatch-Waxman litigation related to pain medication for cancer patients.
Stambler v. JP Morgan Chase & Co., et al. (E.D. Tex.) – representing defendant Bank of America in case asserting patents directed to Secure Sockets Layer (SSL) Protocol for conducting secured transactions over the internet.
Smith & Nephew, Inc. and John O. Hayhurst, M.D. v. Arthrex (D. Ore) – Representing plaintiffs Smith & Nephew and Dr. John Hayhurst on a patent related to suture anchors used in orthopedic surgery, obtained $14 million jury verdict for the patentee.
Rembrandt Vision Technologies, L.P. v. CIBA Vision Corporation (E.D. Tex.) – Representing plaintiff Rembrandt on a patent related to silicone hydrogel contact lenses, obtained $41 million jury verdict for patentee.
Kyphon, Inc. and Harvinder S. Sandhu v. Medtronic Sofamor Danek, et. al. (W.D. Tenn.) – Representing plaintiffs on patents related to surgical devices and procedure for treating vertebral compression fractures. Case also involved trade secret misappropriation and breach of contract claims. Case settled favorably.
TeleCheck International, Inc. v. LML Payment Systems, Inc. (E.D. Tex.) – Representing plaintiff TeleCheck in suit alleging infringement of patents directed to methods and systems for interactive check authorizations using an electronic transaction terminal to gather transaction information at the point of sale. Case settled as part of global settlement and cross-license between parties.
