Sundeep K. (Rob) Addy
Professional Practice
Bartlit Beck Herman Palenchar & Scott LLP, 2006-Present, Partner (since 2010)
Cases tried or otherwise taken to judgment
Bayer Schering Pharma et al. v. Barr Laboratories (D.N.J. 2007-Present) (Hatch-Waxman)
Trial counsel for Bayer Schering in Hatch-Waxman litigation against challenger seeking to market generic version of leading oral contraceptive Yasmin®. Bench trial held November-December 2007. Ruling in favor of Barr at trial level. Affirmed 2-1 by Federal Circuit with dissent by Judge Newman. Currently planning to seek rehearing en banc.
Applied Medical Resources Co. v. U.S. Surgical Corp. et al. (C.D. Cal 2005-2008) (Patent Infringement)
Represented defendant United States Surgical Corporation, a subsidiary of Covidien, in pretrial-phase of patent infringement suit. Applied Medical alleged that U.S. Surgical infringed a medical device patent and sought up to $300 million in damages and an injunction. Bartlit Beck trial team eventually won non-infringement jury verdict after five-week trial, which was affirmed unanimously on appeal to the Federal Circuit. Prior to Bartlit Beck’s representation, U.S. Surgical had twice previously been found to willfully infringe the same patent.
Other representative cases
Bayer Schering Pharma et al. v. Watson Laboratories et al. (D. Nev. 2008-Present) (Hatch-Waxman)
Trial counsel for Bayer Schering in Hatch-Waxman litigation against challengers seeking to market generic versions of oral contraceptive YAZ®. Cases pending.
Bayer Schering Pharma AG & Bayer HealthCare Pharmaceuticals, Inc. v. Sandoz, Inc. et al. (S.D.N.Y. 2007-Present) (Hatch-Waxman)
Trial counsel for Bayer Schering in Hatch-Waxman litigation against challengers seeking to market generic versions of oral contraceptives Yasmin® and YAZ®. Cases pending.
Mercury Companies, Inc. et al. v. The First American Company et al. (D. Colo. 2008-Present) (Breach of contract and tortious interference)
Represented counter-defendant Fidelity National Financial, Inc. and four plaintiff title agents in breach of contract and tortious interference action. The plaintiff title agents alleged breach of contract against defendants. Defendants allege that Fidelity tortiously interfered with defendants’ attempted purchase of the four title agents. Case settled favorably after preliminary injunction phase.
Pioneer Hi-Bred International v. Agrigenetics, Inc. (S.D. Ind. 2009-Present) (Breach of contract)
Representing Pioneer in contract litigation involving branding provisions of collaboration agreement with Agrigenetics, Inc. Case is currently in discovery.
In re Generically Modified Rice Litigation (E.D. Mo. 2008-Present) (MDL)
Represented Bayer CropScience LP during class-certification phase of multi-district litigation concerning alleged presence of genetically engineered rice in commercial rice shipments. Successfully obtained ruling denying class certification from District Court. Eighth Circuit denied interlocutory appeal.
Hoover Co. v. Bissell Homecare, Inc. (N.D. Ill. 2007) (Lanham Act)
Represented BISSELL in false advertising claims pending in federal court in Illinois and Michigan. Case settled night before opening statements in preliminary injunction trial.
Natterman et al. v. Bayer Corp. et al. (E.D. Pa. 2006-2007) (Patent Infringement)
Trial counsel for Bayer in and patent litigation relating to recombinant Factor VIII concentrates used in treatment of hemophilia. Cases settled on very favorable terms immediately after Bayer won motion for early bifurcated trial of Bayer’s affirmative license defense.