Philip Segrest

Philip D. Segrest is an experienced litigator in patent and intellectual property matters in a wide variety of technologies and a registered patent attorney with a technical background in physics and computer related technologies.

He has particular depth of experience managing pharmaceutical patent litigation under Abbreviated New Drug Act (ANDA), helping generic manufacturers bring their products to market at affordable, competitive prices.

Philip also has extensive litigation and patent prosecution experience in information and computer related technologies, including data compression, e-commerce systems, business methods and other technologies in electrical, mechanical and chemical technical arts.

Philip’s litigation experience also includes all phases of patent, copyright, trademark and trade secret cases. He has prepared and prosecuted patent applications in diverse technologies, including markdown optimization, data mining, call centers, voice recognition and other areas.

His litigation and counseling experience also includes general commercial litigation and government contracts. A former Federal Circuit law clerk, Philip has also briefed and/or argued dozens of appeals in federal and state courts.

Experience :

• Aided Sigmapharm Laboratories in arguing for claim construction. Court adopted proposed construction verbatim.
• Represented Teh Seng Pharmaceutical Mfg. Co. Ltd. and TWi Pharmaceuticals Inc. in a patent infringement case alleging their generic version of Endo’s Lidoderm transdermal patch infringed U.S. Patents Nos. 5,741,510, 6,096,334, and 5,827,529. The case was favorably settled on the eve of trial. Endo and Teikoku Pharma v. TWi and Teh Seng, Case No. 12¬848 (D. Del. 2014)
• Represented Apotex, Inc., and Apotex Corp. on their generic ofloxacin otic ear drop product against allegations by Daiichi Sankyo, Inc., that it infringed U.S. Patent No. 5,401,741. Prevailed on appeal at the Federal Circuit in striking down the patent as invalid on grounds of obviousness. Daiichi Sankyo v. Apotex, 501 F.3d 1254 (Fed. Cir. 2007)
• Represented Datalect Computer Services, Ltd., in obtaining an equitable adjustment (damages) for breach of a computer maintenance contract by the U.S. Army in Europe. Datalect v. Computer Servs. Ltd., v. United States, 56 Fed. Cl. 178 (2003)
• Represented General Electric co. on electric motors in air conditioners in suit naming multiple manufacturers throughout the industry. Prevailed on defense of laches for client in seminal case recognizing the duty of a patentee to monitor industry activity. Wanlass v. General Electric Co., 148 F.3d 1334, 46 USPQ2d 1915 (Fed. Cir. 1998)

Education :

• J.D., University of Alabama School of Law
• B.S., University of Alabama
• B.S., University of Alabama

Admissions :

• U.S. Supreme Court
• U.S. Court of Appeals, Federal Circuit
• U.S. Court of Federal Claims
• U.S. Court of Appeals, Seventh Circuit
• U.S. District Court, Northern District of Illinois
• U.S. District Court, Middle District of Alabama

Professional Associations and Memberships :

• DePaul University, Adjunct Professor, “Patent Law,” Fall Semester 2015
• Federal Circuit Bar Association
• American Intellectual Property Law Association
• American Bar Association
• Alabama Bar Association

Clerkships :

• The Hon. Marion T. Bennett, U.S. Court of Appeals, Federal Circuit, 1994-1995
• The Hon. John P. Wiese, U.S. Court of Federal Claims, 1993-1994
• The Hon. Eric G. Bruggink, U.S. Court of Federal Claims, 1992-1993