Ms. Valenti has experience representing companies in all stages of patent litigation, from pre-suit investigation through trial and appeal. Some of her recent engagements include:
- Representing Dr. Reddy’s in litigation concerning its generic equivalent to Suboxone®, a product used to treat opioid use disorder. After the district court granted a preliminary injunction halting Dr. Reddy’s generic sales, Dr. Reddy’s successfully appealed to the Federal Circuit, allowing Dr. Reddy’s to continue sales of its product. The underlying patent infringement litigation remains pending.
- Defending IBM as a third-party intervenor in patent infringement suits before the United States Court of Federal Claims, filed against the federal government, regarding computer systems for providing disaster warnings.
- Represented The Gillette Company in litigation filed against Dollar Shave Club, Inc., in which Gillette asserted infringement of a patent directed to razor blade coatings. The matter settled favorably before trial.
- Represented Actavis Laboratories FL, Inc. in a trial victory over Tris Pharma in federal court in Delaware, paving the way for Actavis to launch a generic version of Quillivant XR® (methylphenidate hydrochloride), a medication used to treat attention-deficit/hyperactivity disorder (ADHD). The Court found invalid five patents covering Quillivant®’s formulation and use, which would have protected the drug from generic competition for another 14 years.
- Represented Teva in a patent infringement action filed by Otsuka relating to Teva’s filing of abbreviated new drug applications for generic versions of Otsuka’s drug Abilify® (aripiprazole). Teva defeated a motion for a temporary restraining order, allowing Teva to launch its products. The case against Teva settled favorably before trial.
- Represented Teva in a successful patent infringement appeal concerning its generic version of the brand drug Lovenox® (enoxaparin sodium). In its decision, the Federal Circuit affirmed summary judgment of noninfringement because Teva does not import a product “made by” a patented process, allowing continued sale of its generic product.
Ms. Valenti has an active pro bono practice. Last year, Ms. Valenti worked with the ACLU of Massachusetts to challenge the application of a Massachusetts state prison policy to firm pro bono client, Mr. Geoffrey Pesce. The policy categorically denied opioid agonist treatment to inmates who, like Mr. Pesce, suffer from opioid use disorder (OUD). Ms. Valenti successfully argued a motion for preliminary injunction, which ensured that Mr. Pesce would have continued access to his physician-prescribed methadone treatment for OUD during a short incarceration. In its decision granting the motion, the federal court in Massachusetts found that Mr. Pesce was likely to prevail on both his claims under the Americans with Disabilities Act and the Eighth Amendment because the prison policy implies a “pretext for some discriminatory motive” and would deviate from the standard of care by “ignoring treatment prescriptions given to Mr. Pesce by his doctors.”
Ms. Valenti also led a team that submitted an amicus brief to the Supreme Court of Ohio on behalf of the Joyful Heart Foundation, an organization committed to healing, education and advocacy on behalf of victims of sexual assault. The Court agreed with the positions taken by Joyful Heart in its brief, and overturned a decision dismissing rape and kidnapping charges against an alleged serial rapist based on pre-indictment delay.
In 2016, Ms. Valenti gained significant trial experience during a six-month secondment with the Kings County (Brooklyn) District Attorney’s Office, where she served as an assistant district attorney. During this time, she prosecuted numerous felony cases on behalf of the state of New York, including a bench trial, a jury trial and several hearings. In other work with the Kings County District Attorney’s Office, Ms. Valenti successfully briefed and argued an appeal before the New York Supreme Court Appellate Division, Second Judicial Department, ensuring a criminal defendant convicted of robbery remained in prison.
Ms. Valenti previously represented Merkos L’Inyonei Chinuch, the educational arm of the Chabad-Lubavitch movement of Orthodox Judaism, in a copyright infringement case filed in federal court in Brooklyn. Ms. Valenti co-authored a successful motion for summary judgment, securing judgment that Merkos did not infringe copyrights on religious texts.
Ms. Valenti is a member of the Hon. William C. Conner Inn of Court and the New York Intellectual Property Law Association (NYIPLA).
Prior to law school, Ms. Valenti was a legislative aide for Rep. Peter T. King (NY) in the U.S. House of Representatives.