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Intellectual Property & Patent Misuse Litigation

Gustafson Gluek represents companies or individuals in asserting or protecting their intellectual property or publicity rights. They have represented patent holders against companies that are infringing the patent rights of our clients. For example, Gustafson Gluek has assisted in the prosecution of patent infringement claims involving medical devices and technology used in printing machines.  They have also represented individuals whose publicity rights have been infringed.

Sometimes, however, a patent holder will attempt to abuse its exclusive rights by illegally obtaining or extending a patent. Gustafson Gluek has extensive experience in litigating cases alleging patent misuse. Often this type of patent misuse is found in the drug industry, where a brand name drug manufacturer will attempt to keep generic drugs off the market by unlawfully extending the life of its patent by committing fraud on the patent office or bringing sham litigation against generic manufacturers for patent infringement. The attorneys at Gustafson Gluek have been actively involved in cases involving claims of patent abuse related to the drugs Asacol, Opana, Celebrex, Wellbutrin and others.

  • Dryer, et al., v. National Football League (D. Minn.) The U.S. District Court for the District of Minnesota appointed Gustafson Gluek Lead Settlement Counsel in Dryer v. NFL. In that capacity, Gustafson Gluek serves a class of retired NFL players in protecting their rights to the use of their likenesses in marketing and advertising.  After reaching a settlement with the NFL that created unprecedented avenues of revenue generation for the class, Gustafson Gluek continues to represent the interests of the retired NFL players on appeal.
  • Spine Solutions, Inc., et al. v. Medtronic Sofamore Danek, Inc., et al. (W.D. Tenn.) Gustafson Gluek was one of the counsel representing the plaintiff, Spine Solutions, Inc., Synthes Spine So., L.P.P., and Synthes, Inc. against Medtronic Safamor Danek, Inc. and Medtronic Sofamor Donek, USA. The patent at issue in that case involved technology relating to spinal disc implants. This case went to trial in November 2008 and a jury verdict was returned in favor of our client. The jury found willful infringements and awarded both lost profits and reasonable royalty damages to our client. There are various post-trial motions and likely will be an appeal of the jury verdict.
  • In re Wellbutrin SR Antitrust Litigation (E.D. Pa.) Gustafson Gluek played an integral role in successfully settling this class action pharmaceutical case.  The firm represented direct purchasers of Wellbutrin SR, who alleged that defendant GlaxoSmithKline defrauded the U.S. Patent and Trademark Office and filed sham lawsuits against its competitors, which delayed the availability of the generic version of Wellbutrin SR to consumers.  As a result of this delay, Plaintiffs alleged that they paid more for Wellbutrin SR than they would have if the generic version had been available to them. The firm was actively involved in the investigation, discovery, motion practice, and trial preparation for this case.  Dan Gustafson, senior partner and co-founder of Gustafson Gluek, served an essential role in the mediation that settled the case shortly before trial was scheduled to begin.  The Eastern District of Pennsylvania approved the settlement payment of $49 million to direct purchasers.
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