Kerry McTigue

Kerry B. McTigue focuses his practice on IP law and litigation. He is a nationally recognized life science litigator with extensive trial experience and experience in a wide variety of litigation areas. Kerry has served as general counsel for the U.S. Office of Personnel Management (OPM) and as a prosecutor for the U.S. Army Judge Advocate General’s Corps and the Department of Justice.

Kerry has led numerous complex matters in the areas of pharmaceutical litigation, government contracts, and other commercial litigation matters, including products liability and toxic torts.

As OPM’s general counsel, Kerry had principal legal responsibility to lead and advocate legal positions at Congress and to the White House on numerous matters, including health care and retirement policy issues, veterans preference hiring and the process by which the United States hires its more than 1,000 federal administrative law judges, as well as changes to numerous U.S. regulations.

Kerry is a member of Cozen O’Connor’s board of directors, the American Bar Association, South Carolina Bar Association, Federal Circuit Bar Association, Kentucky Bar Association, South Carolina Defense Trial Lawyers’ Association, Richland County Bar Association, the American Intellectual Property Law Association and the Defense Research Institute.

In addition, he is a former member of the Office of Personnel Management, Executive Resource Board, the Investment Review Board, past president of the Willow Pointe Home Owners Association, and the Arthurtown Project Board of Directors.

Kerry was the senior executive responsible for the supervision and direction of the 2007 Combined Federal Campaign, a charitable drive involving more than 1.8 million federal employees, which collected a record-setting $272 million for more than 20,000 national and local charities. He also served as an adjunct professor at Drury University and Sullivan College and as an instructor at the Kentucky College of Business.

Kerry received his B.S., cum laude, from Clemson University where he was a distinguished military graduate. He is a 1996 graduate of the University of Kentucky College of Law, where he was articles editor of the Journal of Natural Resources and Environmental Law.

In 1997, Kerry graduated from the U.S. Army Judge Advocate Officer Basic Course with honors. Kerry has tried more than 30 cases to verdict over his career. Samplings of some recent representative matters are listed under Experience.

EXPERIENCE :

• Represented Apotex Inc. and Apotex Corp. in a patent infringement action regarding Apotex’s biosimilar applications to make biosimilar versions of Amgen’s NEULASTA® and NEUPOGEN® products. We navigated Apotex through the Biologics Price Competition and Innovation Act’s “patent dance,” and in the first BPCIA case to go to trial, we obtained a verdict of noninfringement. This result was affirmed on appeal to the U.S. Court of Appeals for the Federal Circuit.
• Trial counsel for Apotex Inc. and Apotex Corp. in a patent infringement action regarding Apotex’s ANDA to make a generic version of LYSTEDA® (tranexamic acid). After a two week trial, received a favorable decision of non-infringement on all three patents in-suit. Successfully argued on appeal with the Federal Circuit affirming the trial court decision.
• Lead counsel in damage phase of a patent infringement action regarding Sandoz’s ANDA to make a generic version of Pfizer’s seizure and neuropathic pain product, Neurontin®, the active ingredient of which is gabapentin. The case settled during the pre-trial phase and after successful Motions in Limine by Sandoz.
• Lead trial counsel for Sandoz Inc. in a patent infringement action regarding Sandoz’s ANDA to make a generic version of Endo’s pain product OPANA® ER (oxymorphone hydrochloride). The case settled on favorable terms during trial.
• Lead counsel for Sandoz Inc. in a patent infringement action regarding Sandoz’s ANDA to make a generic version of Abbott’s cholesterol medication TRILIPIX® (fenofibric acid). Kerry led the negotiations which successfully settled this matter.
• Lead counsel for Novartis Inc. in a third-party subpoena defense against branded pharmaceuticals. Kerry successfully litigated all discovery dispute matters and on January 19, 2012 the Judge entered judgment in favor of the Defendants and ordered the case closed.
• Lead counsel for Sandoz Inc. in a patent infringement action regarding Sandoz’s ANDA to make a generic version of Medicis’ acne product SOLODYN® (minocycline hydrochloride).

EDUCATION :

• University of Kentucky College of Law, J.D., 1996
• Clemson University, B.S., 1993

BAR ADMISSIONS : Kentucky; South Carolina

COURT ADMISSIONS :

• U.S. Supreme Court
• U.S. Court of Appeals for the Federal Circuit
• U.S. Court of Appeals for the Fourth Circuit
• U.S. Court of Federal Claims
• U.S. District Court — South Carolina
• U.S. District Court — Western District of Missouri
• U.S. District Court — Eastern District of Texas

AFFILIATIONS :

• American Bar Association
• South Carolina Bar Association
• Federal Circuit Bar Association
• Kentucky Bar Association
• South Carolina Defense Trial Lawyers’ Association
• Richland County Bar Association
• American Intellectual Property Law Association
• Defense Research Institute