Mr. Auerbach has experience in patent litigation in federal district courts and the ITC. He has participated in all aspects of litigation, including pre-suit investigations, handling offensive and defensive discovery, and trial. Mr. Auerbach has extensive experience in patent litigation for clients in the LED lighting, pharmaceutical and financial services industries.
Representative matters include:
- In re Bendamustine Consolidated Cases (D. Del.). Represents Cephalon in multiple patent infringement cases involving its innovative treatment for chronic lymphocytic leukemia and non-Hodgkin lymphoma, TREANDA®.
- Certain Light-Emitting Diodes and Products Containing the Same, 337-TA-784 (ITC). Represented complainant OSRAM in asserting patents involving LED light conversion and packaging technology; obtained an initial determination of violation against LG.
- In re Maxim Integrated Products, Inc. (MDL). Represented defendants Bank of America and Merrill Lynch in a patent infringement case involving mobile banking services and smart phone applications.
- Schubert v. OSRAM GmbH et. al. (D Del): Represented defendant OSRAM in a patent infringement case involving crystallographic wet chemical etching of III-V semiconductors.
- Leviton Mfg. Co. v. Pass & Seymour, Inc., (E.D.N.Y.). Represented accused infringer in suit involving three patents on electrical devices.
- Certain Ground Fault Circuit Interrupters And Products Containing The Same, 337-TA-739 (ITC). Represented a respondent distributor accused of violating a Cease and Desist Order and its manufacturer intervenor in enforcement action; this case raised an issue of first impression as to whether the manufacturer could intervene in an enforcement action against its distributor.
- Certain Dimmable Compact Fluorescent Lamps and Products Containing Same, 337-TA-830 (ITC). Defended respondent against allegations of infringement of patents on compact fluorescent lamp ballast circuitry.
- Seattle Children’s Hospital v. Teva Parenteral Medicines, Inc. (D. Del.). Represented Teva in a patent infringement action filed by Novartis and others under the Hatch-Waxman Act in response to Teva’s filing of an Abbreviated New Drug Application seeking approval to market a generic version of Novartis’s drug TOBI®, a Tobramycin inhalation solution indicated for the treatment of cystic fibrosis patients with certain bacterial lung infections.
- Merck KGaA v. ImClone Systems (ICDR Arbitration). Represented Merck in an arbitration proceeding against ImClone for indemnification for breach of provisions in a patent license.
- Certain Semiconductor Chips With Minimized Chip Packages Size and Products Containing Same, 337-TA-649 (ITC). Represented complainant against several semiconductor chip packaging subcontractors.