Ms. Kilgour advises clients on intellectual property issues in a variety of sectors, including pharmaceuticals, biotechnology, software, hardware and semiconductors. Her experience includes patent litigation, opinion work and strategic counseling.
Representative litigation matters include:
- Sony Corp. v. Pace PLC and Pace Americas, LLC (D.Del.). Representing defendants in patent infringement action regarding digital cable and satellite set-top boxes. (Ongoing).
- TQ Delta, LLC v. 2Wire, Inc. (D.Del.). Representing defendant in patent infringement action regarding DSL technology. (Ongoing).
- Fortinet, Inc. v. FireEye, Inc. (N.D. Cal.). Represented defendant in patent infringement and trade secret action regarding network security. Wrote briefs that persuaded court to bar trade secret discovery because Fortinet’s trade secret designation was insufficient under California law. Shortly afterward, the case settled favorably for FireEye.
- Marvell International, Ltd. v. NXP Semiconductors USA, Inc. (C.D. Cal.). Representing defendant in patent infringement action regarding wireless network technology. (Ongoing).
- Solar Morph PTE Ltd. v. Applied Materials, Inc. (California Superior Court). Represented defendant in contract and tort dispute concerning an unconsummated transaction for the purchase of a solar manufacturing facility. Lead associate on team that achieved complete victory before three-judge arbitration panel. (Press release).
- SSL Services, LLC v. Citrix Systems, Inc. and Citrix Online, LLC (E.D. Tex.). Represented defendant in patent infringement action regarding authentication and encryption systems. Member of trial team that obtained jury verdict of non-infringement on one of the patents-in-suit, for which the plaintiff sought over $150 million in past and future damages.
- Kaplan v. OnForce, Inc. (N.D. Cal.). Represented defendants in patent infringement action regarding system for electronics troubleshooting services. The case settled favorably for OnForce in 2013.
- c4cast.com, Inc. v. Francesca’s Collections, Inc. (E.D. Tex.). Represented defendant in patent infringement action regarding technology for community-selected content on an electronic network. The case settled favorably for Francesca’s in 2012.
- Teva Pharmaceuticals USA, Inc. v. Amgen, Inc., (E.D.Penn.). Represented Teva in declaratory judgment action in connection with Teva’s Biologic License Application for a biosimilar to Amgen’s Neupogen® product. The case settled favorably for Teva in 2011.
- Square, Inc. v. REM Holdings 3, LLC (E.D. Mo.). Represented plaintiff in action seeking to correct inventorship of a patent directed to mobile payment technology. Obtained court orders that disqualified ethically conflicted opposing counsel, awarded sanctions, and stayed patent infringement counterclaims pending reexamination.
- Boehringer Ingelheim Vetmedica v. Merial (D. Conn.); Wyeth v. Boehringer Ingelheim Vetmedica (D. Del.). Represented Boehringer Ingelheim Vetmedica in patent infringement actions involving a recombinant porcine circovirus vaccine for the treatment of post-weaning multisystemic wasting syndrome. The cases settled favorably for Boehringer Ingelheim Vetmedica in 2010.
- Representative clients in connection with opinion matters and intellectual property aspects of venture capital financings include Teva Pharmaceuticals, Morgan Stanley & Co., Bain Capital Ventures, Greylock Partners, Index Ventures, Trident Capital and DealSquare.