Keith A. Zullow

Keith Zullow, a partner in Goodwin's IP Litigation group, is a member of the firm’s Life Sciences Disputes group and is a US registered patent attorney with significant trial experience in chemical and pharmaceutical patent litigation and extensive experience litigating patents on consumer products, including batteries, razors and razor blades, cell-phones and sneakers, and has litigated cases on software and digital outdoor electronic displays. He is also experienced in interference practice and trade secret litigation. Keith has worked on cases in various federal district courts throughout the United States, on appeals before the U.S. Court of Appeals for the Federal Circuit and other circuit courts, and has been lead counsel on proceedings before the Patent Trial and Appeal Board.

In recent years, Keith has served as trial counsel in pharmaceutical patent litigation for companies including Roxane Laboratories, West-Ward Pharmaceuticals, and Teva Pharmaceuticals USA. He was also lead counsel in a damages hearing. Some of his highlights include the following:

• Lead counsel in damages hearing on behalf of Makhteshim-Agan of North America and Control Solutions Inc.
• Lead trial counsel for Roxane and West-Ward in a series of patent infringement actions filed by Novartis relating to Roxane’s filing of abbreviated new drug applications for generic versions of Novartis’s drugs ZORTRESS® and AFINITOR®. Lead counsel on Inter Partes Reviews relating to three of the patents-in-suit. Novartis’s compound patent was invalidated at trial
• Co-Lead counsel for Teva in a patent infringement action filed by Otsuka under the Hatch Waxman Act relating to Teva’s filing of abbreviated new drug applications for generic versions of Otsuka’s drug ABILIFY®. Teva defeated a motion for a temporary restraining order which allowed Teva to launch its products. The case against Teva successfully settled before trial

Other recent engagements include the following:

• Defended a glass finisher in district court patent litigation leading to a favorable settlement during discovery
• Defended a biologics manufacturer in an ITC action that lead to a favorable settlement before institution
• Defended IBM in a patent infringement suit involving a system for providing public warnings over a cellular telephone network.
• Represented Civiq in patent litigation relating to digital outdoor electronic displays
• Represented Gillette in a suit involving patents on razor blade edge coatings; the case settled favorably for Gillette on the eve of trial
• Represented Gillette in an arbitration regarding a patent on a razor cartridge connector
• Lead trial counsel for Roxane in a patent infringement action filed by Prometheus Laboratories under the Hatch Waxman Act in response to Roxane’s filing of an abbreviated new drug application seeking approval to market a generic version of Prometheus’ drug LOTRONEX®. After a bench trial, the District Court found Prometheus’s patent invalid. The finding of invalidity was affirmed by the Federal Circuit
• Co-lead counsel for Teva in a patent infringement action filed by Pfizer relating to Teva’s filing of an abbreviated new drug application seeking approval to market a generic version of Pfizer’s drug CELEBREX®. The District Court found Pfizer’s patent invalid on summary judgment. The finding of invalidity was affirmed by the Federal Circuit
• Co-Lead trial counsel for Roxane in a patent infringement action filed by Genzyme under the Hatch Waxman Act in response to Roxane’s filing of an abbreviated new drug application seeking approval to market a generic version of Genzyme’s drug HECTEROL®. The case successfully settled after trial
• Co-Lead trial counsel for Teva in a patent infringement action filed by Pfizer under the Hatch Waxman Act relating to Teva’s filing of an abbreviated new drug application seeking approval to market a generic version of Pfizer’s drug VIAGRA®. The case successfully settled after trial
• Co-Lead counsel for Teva in a patent infringement action filed by AstraZeneca under the Hatch Waxman Act relating to Teva’s filing of an abbreviated new drug application seeking approval to market a generic version of AstraZeneca’s drug PULMICORT RESPULES®. The case successfully settled before trial
• Pro bono representation of the Joyful Heart Foundation in connection with its end-the-rape-kit-backlog initiative

Before joining Goodwin, Mr. Zullow was an associate at Fish & Neave, where his work focused on intellectual property litigation, trade secret litigation, interference practice and patent prosecution for clients including ExxonMobil Chemical Company, Hoechst Celanese, Aventis Pharmaceuticals, The Gillette Company and Phelps Dodge.

Before joining Goodwin, Keith was an associate at Fish & Neave, where his work focused on intellectual property litigation, trade secret litigation, interference practice and patent prosecution for clients including ExxonMobil Chemical Company, Hoechst Celanese, Aventis Pharmaceuticals, The Gillette Company and Phelps Dodge.

Keith has been recognized by The Best Lawyers in America Best Lawyers for his work in Litigation - Patent 2021-2023.

• Contributor, “Guide to Biosimilars Litigation and Regulation in the U.S., 2022-2023 ed.,” published by Thomson Reuters in December 2022
• Co-Author, "U.S. Legislative Update: Takeaways for European Pharma," European Pharmaceutical Review, November 9, 2022
• Co-Author, “Idenix v. Gilead: The enablement and written description limits of a genus claim,” Journal of Generic Medicines, June 2021
• Presenter, “So You Want To Make A Biosimilar: Top Patent Considerations Before You Start,” Goodwin's Big Molecule Watch, 2020
• Contributor, "Guide to Biosimilars Litigation and Regulation in the U.S., 2019-2020 ed.," published by Thomson Reuters in November 2019
• Presenter, “IP Issues in Business Transactions 2018,” PLI, 2018
• Presenter, “Understanding Patent Law,” PLI, 2018 and 2019
• Author, “INSIGHT: The Ongoing Debate About Disclosing Manufacturing Process Information in the Patent Dance,” BNA Patent, Trademark & Copyright Journal, June 20, 2018
• Author, “Turning tide on diagnostic method claims,” Intellectual Property Magazine, May 2018
• Keith published a series of articles examining patent issues related to plants and seeds in Cereal Foods World, which included
  • “Protecting Intellectual Property in Plants and Seeds,” Cereal Foods World, November 2008
  • “Enforcing Patents,” Cereal Foods World, October 2008
  • “The Anatomy of a Patent,” Cereal Foods World, August 2008
  • “Obtaining a Patent,” Cereal Foods World, June 2008
  • “The Interplay Between Patents and Other Forms of Intellectual Property,” Cereal Foods World, March 2008
  • “Introduction to the United States Patent Systems,” Cereal Foods World, January 2008