Brenda Danek, PhD is a partner in the Chicago office of Latham & Watkins and a member of the firm's Intellectual Property Litigation Practice.
Dr. Danek’s practice focuses primarily on patent litigation, with particular focus on antibody, biotechnology, and Hatch-Waxman litigation. She has extensive experience in litigating patent matters before both district court and inter partes review proceedings before the US Patent and Trademark Office. She has counseled clients in devising strategies for parallel proceedings before the district court and Patent Office. She has significant trial experience, including in managing fact and expert discovery, deposing and cross examining key expert witnesses, and arguing before both the district court and Patent Office. She has successfully represented clients in in the following technologies:
- Medical devices
Dr. Danek has also provided counseling on intellectual property licensing, trade secret, and antitrust issues.
Dr. Danek is also involved in pro bono matters, working with the National Immigrant Justice Center and Heartland Alliance to represent individuals seeking asylum.
Dr. Danek’s representative experience includes:
- Astellas Institute for Regenerative Medicine et al. v. ImStem Biotech., Inc. (D. Mass.) – represents AIRM in a dispute concerning correcting inventorship and conversion of confidential materials related to production of human embryonic stem cells.
- CardioNet, LLC v. InfoBionic, Inc. (D. Mass.) – represents InfoBionic in a patent infringement case relating to its mobile cardiac telemetry devices, winning summary judgment of non-infringement on the eve of trial.
- In re Certain Lithium Ion Batteries, Battery Cells, Battery Modules, Battery Packs, Components Thereof, and Processes Therefor (ITC) – represents LG Chem in a trade secret dispute relating to electric vehicle batteries, winning an initial determination of a general default based on Respondents’ spoliation of evidence and contempt of an ALJ Order.
- Pharmacyclics LLC v. Acerta Pharma B.V. (D. Del.) – represented Pharmacyclics in patent infringement cases related to Bruton’s tyrosine kinase inhibitors for the treatment of lymphoma, resulting in a favorable settlement.
- MorphoSys AG v. Janssen Biotech Inc. and Genmab A/S (D. Del.) – represented Janssen and Genmab defending against an assertion of patent infringement for their breakthrough multiple myeloma antibody therapy, Darzalex.
- Mallinckrodt Hosp. Prods. Inc. v. Praxair Inc. (D. Del.) – represented Mallinckrodt in defending against an ANDA challenge to ten patents covering its successful INOmax drug product and DSIR medical device, including defending multiple proceedings before the Patent Office.
- Counseled a biotechnology company in a confidential dispute related to licensing rights and technology ownership for patents licensed from a university.