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Madison C. Jellins

Madison C. Jellins has more than 25 years of experience in patent litigation and strategic counseling for biopharmaceutical and medical device clients. She has served as lead counsel in patent cases in multiple district court jurisdictions and at the Federal Circuit. She is a registered patent attorney and has particular expertise in patent and regulatory strategy, including the FDA approval process for small molecules, biologics, biosimilars, and combination products; Hatch-Waxman litigation strategy. Madison also handles appellate matters before the Federal Circuit and frequently lectures on Federal Circuit case law developments and patent/regulatory issues. She has a particular expertise in claim construction and Markman proceedings. She clerked for the Hon. Helen W. Nies, former Chief Judge of the Federal Circuit. She is a Lecturer at Santa Clara University School of Law and was recognized as a Northern California Super Lawyer in IP Litigation in 2009-2016.  Madison was formerly a partner in the IP litigation group of Alston & Bird LLP and a partner in the patent litigation group at Townsend LLP.

Direct: (650) 241-0192  
mjellins@jciplaw.com  

Representative Litigations


District Court

Sarif Biomedical LLC v. Accuray Inc. Lead counsel for defendant in patent infringement case in D. Delaware.

Radiation Stabilization Solutions, LLC v. Accuray Inc. Lead counsel for defendant in patent infringement case in N.D. Illinois.

Best Medical Int'l, Inc. v. Accuray Inc. Lead counsel for defendant in patent infringement case in W.D. Pa.

PDL BioPharma Inc. v. Sun Pharmaceutical Industries Ltd. Lead counsel for plaintiff in ANDA patent infringement action in D.N.J. concerning intravenous calcium channel blocker for treatment of hypertension.

E-Pass v. Visa Int'l Serv. Ass'n, Visa USA Inc. Represented defendant in patent infringement action in N.D. Cal. concerning smart card technology. Summary judgment of non-infringement granted. 2006 U.S. Dist. LEXIS 95914 (N.D. Cal. 2006). Court awarded attorney fees based on exceptional case under 35 U.S.C. § 285.

IDEC Pharm. Inc. v. Corixa Corp. Represented defendant in patent infringement action in S.D. Cal. concerning radio-labeled antibody for treatment of non-Hodgkin's lymphoma.

Genentech v. Amgen, Inc. Represented defendant in patent infringement action in N.D. Cal. concerning recombinant cloning vehicles and methods of microbial expression of polypeptides. Summary judgment of non-infringement granted. Judgment precluding infringement under doctrine of equivalents affirmed. 289 F.3d 761 (Fed. Cir. 2002).

SmithKline Beecham Corp. v. Excel Pharm. Inc. Represented defendant in ANDA patent infringement action in E.D. VA concerning generic drug for treatment of depression. Defendant's motion for summary judgment of non-infringement granted. 214 F.Supp.2d 581 (E.D. Va. 2002).

Telectronics Pacing Sys., Inc. v. Ventritex Inc., Intermedics v. Ventritex Inc.  Represented accused infringer in two declaratory judgment/patent infringement actions in N.D. Cal. on 35 U.S.C. § 271(e)(1) exemption to patent infringement concerning cardiac defibrillators. Summary judgment of non-infringement granted.

Appellate

Intervet, Inc. v. Merial Ltd. Represented appellant in appeal to the Federal Circuit from summary judgment of non-infringement concerning a porcine vaccine. Claim construction reversed, summary judgment of non-infringement vacated, case remanded to determine infringement under correct claim construction. (Fed. Cir. 2010).

E-Pass v. Visa Int'l Serv. Ass'n, Visa USA Inc. Represented defendant-appellee in appeal to Federal Circuit. Summary judgment affirmed. 473 F.3d 1213 (Fed. Cir. 2007).

Lead counsel for appellee in appeal to the Federal Circuit from an award of attorney fees based on exceptional case under 35 U.S.C. § 285. Affirmed without opinion.

Translogic Technology, Inc. v. Hitachi Ltd. Represented appellant in appeal to Federal Circuit from final judgment in patent infringement action, overturning an $86 million judgment and permanent injunction. 250 Fed. Appx. 988 (Fed. Cir. 2007), reh'g denied, 2008 U.S. App. LEXIS 13886 (Fed. Cir.), cert. denied (December 1, 2008).

In re Translogic Technology, Inc. Represented intervenor in appeal to Federal Circuit from Board of Patent Appeals and Interferences decision on reexamination finding all claims unpatentable for obviousness. Board decision affirmed. 504 F.3d 1249 (Fed. Cir. 2007), reh'g denied, 2008 U.S. App. LEXIS 2755 (Fed. Cir.), cert. denied (October 7, 2008).

Brown v. Barbacid. Represented junior party in appeal to Federal Circuit from BPAI decision on interference. 436 F.3d 1376 (Fed. Cir. 2006).

Merck KGaA v. Integra Lifesciences, Inc. Represented San Diego Intellectual Property Law Association on Amicus brief to U.S. Supreme Court concerning 35 U.S.C. § 271(e)(1) exemption to patent infringement and its implication for research tools.

Philips v. AWH Corp.  Represented amici on Amicus brief to Federal Circuit concerning claim construction.

University of Rochester v. G.D. Searle. Represented eleven public and private universities on Amicus brief to U.S. Supreme Court on written description requirement under 35 U.S.C. § 112.

University of Rochester v. G.D. Searle. Represented University of California and University of Texas on two Amicus briefs to the Federal Circuit on written description requirement under 35 U.S.C. § 112.

Telectronics Pacing Sys., Inc. v. Ventritex Inc., Intermedics v. Ventritex Inc.  Represented defendant-appellee in two appeals to the Federal Circuit from grant of summary judgment of non-infringement based on 35 U.S.C. § 271(e)(1) exemption to patent infringement .Decisions affirmed. 982 F.2d 1520 (Fed. Cir. 1992); 1993 U.S. App. LEXIS 3620 (Fed. Cir. 1993).

Speaking Engagements


PLI Fundamentals of Patent Litigation, May 2016
Speaker: "The Markman Process and Hearing"

PLI Fundamentals of Patent Litigation, May 2015
Speaker: "The Markman Process and Hearing"

PLI Fundamentals of Patent Litigation, San Francisco, May 2014
Speaker: The Markman Process and Hearing

PLI Fundamentals of Patent Litigation, San Francisco, June 2013
Speaker, The Markman Process and Hearing

AAPS 2013 National Biotechnology Conference, San Diego, May 2013
Speaker: Patent and Regulatory Issues for Biosimilars

Licensing Executives Society, San Francisco, August 2012
Panelist: Biosimilars

LA IPLA Spring Seminar, La Jolla , June 2012
Panelist: Patentable Subject Matter

ACI Hatch-Waxman Boot Camp, San Diego, June 2012
Panelist: Biosimilars

PLI Fundamentals of Patent Litigation, San Francisco, June 2012
Speaker: "The Markman Process and Hearing"

ALM IP Counsel Forum, San Jose, March 2012
Panelist: Implications of Recent Case Law

ACI PIV Disputes, San Francisco, December 2011
Co-Chair, Panelist: "No Holds Barred – Fighting for or Defending Against the Coveted 180-Day Exclusivity"

ACI Hatch-Waxman Boot Camp, San Diego, July 2011
Featured Speaker: Master Class: "Biosimilars Strategy Session"

PLI Fundamentals of Patent Litigation, San Francisco, June 2011
Speaker: "Markman Process and Hearing"

ACI Biosimilars, NYC, June 2011
Panelist: "Debating the Practical Implications of a 12-Year Exclusivity Period – Striking a Balance Between Innovator and Biosimilar Interests"

ACI PIV Disputes, NYC, May 2011
Scheduled Moderator and Panelist: "Forfeiture of Exclusivity Dilemmas for PIV Litigation;" Submitted presentation: "Shared Exclusivity, Relinquishment, Selective Waiver, and Parking of Exclusivity"

BIO IPCC Spring Meeting, Seattle, April 2011
Panel Chair and Speaker: "Biosimilars"

ACI Medical Device Patent Litigation, Boston, January 2011
Panelist: "Patent Litigation for Drug and Device Combination Products: Preparing for the Intersection between Medical Devices and Hatch-Waxman Litigation"

AHLA Life Sciences Practice Group Luncheon, Washington D.C., January 2011
Featured Speaker: "New Approval Pathway for Biosimilars: Next Steps, Open Issues and Implications for Biotech and Generic Industries"

ACI Paragraph IV Disputes, San Francisco, December 2010
Panelist: "Recent Decisions Impacting PIV Challenges and Motion Practice"

IIR Business of Biosimilars, Boston, September 2010
Speaker: "Assessing the Impact of Past and Present Cases on the Biopharmaceutical Industry"

ACI FDA Boot Camp, San Francisco, August 2010
Speaker: "Spotlight on Follow-On (Comparable or Biosimilar) Biologics and the 2010 Healthcare Reform Act"

ACI Hatch-Waxman Boot Camp, San Diego, July 2010
Panelist: "How the Dynamics of Follow-On Biologics Will Change the Hatch-Waxman Landscape;" Teacher,
Master Class: "Follow-On Biologics"

ACI Follow-On Biologics, NYC, June 2010
Panelist: "Patentability of Diagnostics and Gene Sequencing in Light of AMP v. Myriad;" Featured Speaker: Workshop: "Patent Term Extensions and Adjustments to Optimize Biologic Patent Lifecycle"

BIO IPCC Spring Meeting, New Orleans, April 2010
Panel Chair: "Patent Law Updates: Ariad v. Eli Lilly; AMP v. Myriad; Bilski v. Kappos"

Silicon Valley Intellectual Property Law Association Meeting, Silicon Valley, 2010
Featured Speaker: "Written Description Requirement after Ariad v. Eli Lilly"

API China, Beijing, November 2009
Speaker: "Basics of Hatch-Waxman Litigation"

Tianjin Institute of Pharmaceutical Research, Tianjin, November 2009
Speaker: "Strategies in Paragraph IV Litigation"

Tasly Pharmaceuticals 2-Day Training Seminar, Tianjin, November 2009
Speaker: "Strategies in Paragraph IV Litigation and Opportunities in Biosimilars"

Duke Univ.  School of Law, Raleigh, Hot Topics in Intellectual Property, February 2009
Speaker: "Stumbling Blocks to Approval of A Regulatory Regime for Follow-On Biologics"

ACI Paragraph IV Disputes, NYC, 2008
Panelist: "Identifying and Analyzing How the Latest Trends in CAFC Decisions, PTO Rules and Patent Reform Legislation Impact Paragraph IV Motion Practice and Litigation Strategies"

Lecturer Santa Clara University School of Law
Intellectual Property Litigation (Summer 2012, Summer 2011)
  • J.D., magna cum laude, University of San Francisco
  • Four American Jurisprudence Awards
  • Comment of the Year Award
  • Senior Member, Law Review
  • M.S. Biological Sciences (cancer biology), Stanford University
  • B.A. Zoology (pre-med), University of Washington
  • California State Bar
  • U.S. Patent and Trademark Office
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • All California Courts
 
 
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