Abby L.
Parsons

Representing Graco in a patent infringement and antitrust case relating to spray guns used in manufacturing and construction applications. Graco Inc. v. Carlisle Construction Materials, LLC, No. 21-cv-245 (D. Del.) (pending, trial set for December 2024).

Obtained default judgment against makers of imported, unapproved tirzepatide products at the International Trade Commission for trademark infringement, false designation of source, and false advertising on behalf of Eli Lilly and Company for its blockbuster diabetes and weight-loss drugs. In re Certain Products Containing Tirzepatide and Products Purporting to Contain Tirzepatide, Inv. No. 337-TA-1377 (pending).

Obtained voluntary dismissal of all claims for Stryker Corporation in patent litigation relating to augmented reality for surgery. Univ. of S. Fla. Board of Trustees v. Stryker Corporation, No. 8:23-cv-2013 (M.D. Fla. 2023).

Advised global pharmaceutical company regarding compliance with the Inflation Reduction Act for patents.

Obtained ex parte discovery from a third party for use in German litigation. In re Application of Varex Imaging Deutschland AG for an Order Pursuant to 28 U.S.C. § 1782 to Conduct Discovery for Use in Foreign Proceedings. No. 6:23-mc-6022 (W.D.N.Y. 2023).

Successfully resolved patent litigation for Hologic relating to its mammography technology. University of South Florida Research Foundation, Inc. v. Hologic, Inc., No. 20-cv-352 (D. Del.).

Successfully resolved trademark infringement suit filed against Indeed, Inc. Technicalpeople.com Inc. v. Indeed, Inc., No. 1:21-cv-5846 (N.D. Ill. 2023).

Secured ground-breaking injunctive relief for adequate medical care under the Eighth Amendment in first-ever class action lawsuit on behalf of all transgender prisoners in the custody of the Illinois Department of Corrections in pro bono matter brought in conjunction with the ACLU and Kirkland & Ellis. Cross-examined a lead witness for the defense at trial. Monroe v. Jeffreys, No. 18-cv-156 (S.D. Ill. Aug. 5, 2021). Enforcement efforts ongoing.

Successfully resolved patent claims brought against Flexicare for the breathable materials used as ventilator tubing in its flagship VentiMyst product. Fisher & Paykel Healthcare Ltd. v. Flexicare Inc., No. 8:19-cv-835 (C.D. Cal.).

Represented TriOptima in patent and trade secret litigation involving OTC derivatives trading technology. TriOptima AB v. Quantile Techs. Ltd., No. 2:19-cv-390 (E.D. Tex. 2019).

Successfully resolved design patent infringement claims filed against Igloo by YETI. YETI Coolers, Inc. v. Igloo Prods. Corp., No. 4:21-cv-505 (S.D. Tex. June 2021).

Defeated motion to transfer venue and settled trademark infringement, unfair competition, and false advertising suit during discovery relating to Chevron's bulk lubricants. Chevron Intellectual Property LLC v. AEG Petroleum LLC, No. 4:18-cv-3133 (S.D. Tex. Sept 2020).

Secured summary judgment of liability for trademark infringement and related torts, followed by jury verdict and post-trial enhancement of damages totaling more than $15M plus $2M in attorneys’ fees. Chevron Intellectual Property LLC v. Sariel Petroleum, LLC, No. 4:18-cv-158 (S.D. Tex. 2020).

Obtained judgment of infringement under the doctrine of equivalents and validity of patents covering Oracea, a once-daily doxycycline product used to treat rosacea. Galderma Labs., LP v. Sun Pharm. Indus. Ltd., No. 16-cv-1003 (D. Del. Oct. 2019).

Representing Army Veteran battling the VA for service-connected benefits and back-pay.

In CBM proceedings before the PTAB, invalidated two patents relating to online payment systems under Section 101 on behalf of the Federal Reserve Banks. Fed. Reserve Bank of Atlanta et al. v. Bozeman Financial LLC, CBM2017-00035, -00036 (PTAB July 2018). The judgment was affirmed by the Federal Circuit. No. 19-1018 (April 2020).

Successfully resolved patent infringement suit on behalf of Plaintiff LifeNet Health relating to its soft tissue grafts products.

Successfully resolved Hatch-Waxman litigation on behalf of co-Plaintiff Alfasigma S.p.A.relating to rifaximin.

Successfully resolved three large-scale IP arbitration matters for an oilfield services company concerning patents relating to fracking services and downhole monitoring.

Defeated petition to modify custody on behalf of pro bono client in one-day bench trial in Harris County civil court and obtained an order to increase child support obligations.

Represented pharmaceutical company in seven-week bench trial in the District of New Jersey to invalidate a patent on a $1 billion per year drug for treating asthma in children. The district court’s decision was affirmed on appeal.

Represented pharmaceutical company in a week-long bench trial in the District of Delaware relating to a method of treatment patent for end-stage renal disease.

Represented pharmaceutical companies in Hatch-Waxman litigation relating to a wide range of drug products, including: budesonide, caspofungin, doxercalciferol, galantamine, levoceterizine, metformin, repaglinide, and ropivacaine.

Represented defendant in two-week bench trial relating to allegations of inequitable conduct concerning a patent covering software for wind turbines in the Northern District of Texas.

Represented tobacco company and defeated allegations of patent infringement and a $1 billion damages claim in a six-week jury trial in the District of Maryland. Obtained jury verdict in client’s favor on all claims and defenses, and the judgment of non-infringement was affirmed on appeal.