Kerry B. McTigue
Partner
Duane Morris LLP
Suite 1000
505 9th Street, N.W.
Washington, DC 20004-2166
USA

Phone: +1 202 776 7844
Fax: +1 202 315 3423
Email: kbmctigue@duanemorris.com

Kerry B. McTigue practices in the area of intellectual property law and litigation. He is the co-chair of Duane Morris' Hatch-Waxman IP practice group. Mr. McTigue has experience in a wide variety of litigation areas, having served as general counsel for the U.S. Office of Personnel Management and as a prosecutor in the U.S. Army Judge Advocate General's Corps. In those capacities, as well as in private practice, Mr. McTigue also has handled matters in the areas of pharmaceutical litigation, government contracts, and other commercial litigation matters.

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

Areas of Practice

• Intellectual Property Litigation
• Government Contracts
• Products Liability and Toxic Torts

Representative Matters

• Represented the U.S. Department of Agriculture in the privatization of the Graduate School. Transaction involved the transfer of all of the assets and liabilities of the school to a nonprofit entity while maintaining the school's educational mission.
• Represented Lockheed Martin Corp. in opposing an effort by Zoltek Corp. to substitute it as a defendant in a patent-infringement action Zoltek had originally brought against the United States stemming from the U.S.'s alleged use of Zoltek's patent in the manufacture of the F-22 fighter plane. Obtained a decision from the U.S. Court of Appeal for the Federal Circuit allowing it to seek an interlocutory appeal of a Court of Federal Claim's decision that Lockheed was not protected by government-contractor immunity pursuant to 28 U.S.C. §1498.
• Endo Pharmaceuticals Inc. et al. v. Sandoz, Inc., Case Nos. 08-534 and 08-970 (KSH) (D Del.). Patent infringement action regarding Sandoz's ANDA to make a generic version of Endo's pain product Opana® ER, the active ingredient of which is oxymorphone hydrochloride.
• Allergan v. Sandoz Inc., Case No. 09-097 (ED. Tex). Patent infringement action regarding Sandoz's ANDA to make a generic version of Allergan's eye pressure drops COMBIGAN®, the active ingredient of which is brimonidine tartrate/timolol maleat.
• Medicis Pharmaceutical Corp. v. Sandoz, Inc., et al., Case No. 09-033 (JJF) (D Del.). Patent infringement action regarding Sandoz's ANDA to make a generic version of Medicis's acne product Solodyn®, the active ingredient of which is minocycline hydrochloride.
• Procter & Gamble Company and Hoffman-La Roche Inc. v. Apotex Inc. and Apotex Corp., Case No. 09-0143 (JJF) (D. Del.) Patent infringement action regarding Apotex's ANDA to make a generic version of Procter's osteoporosis product ACTONEL®, the active ingredient of which is risedronate.
• Aventis Pharma S.A. and Sanofi-Aventis U.S. LLC v. Apotex Inc. and Apotex Corp., Case No. 08-496 (GMS) (D. Del. 2010). Patent infringement action regarding Apotex's ANDA to make a generic version of Sanofi-Aventis' anti-cancer product TAXOTERE®, the active ingredient of which is docetaxel. Following a two-week trial, obtained an order for Apotex striking down the patents-in-issue as invalid and unenforceable due to Sanofi-Adventis' inequitable conduct in procuring the patents.
• Alcon Research, Ltd. et al. v. Sandoz Inc., Case No. 09-0103 (RLY-JMS) (S.D. Ind). Patent infringement action regarding Sandoz's ANDA to make a generic version of Alcon's eye allergy product Patanol®, the active ingredient of which is olopatadine hydrochloride.
• Merck & Co., Inc. v. Sandoz Inc., Case No. 09-890 (MLC-JJH) (D. N.J.). Patent infringement action regarding Sandoz's ANDA to make a generic version of Merck's anti-nausea product EMEND®, the active ingredient of which is aprepitant.
• Zoltek v. Lockheed Martin Corporation and United States, Case No. 09-0096 (JOF) (N.D. Ga). Represents Lockheed Martin in this patent infringement action regarding F-22 fighter plane.

Professional Activities

• 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

Admissions

• Kentucky
• South Carolina
• U.S. Supreme Court
• U.S. Court of Appeals for the Federal Circuit and the 4th Circuit
• U.S. District Court for the Western District of Missouri
• U.S. District Court for South Carolina
• Uniform Code of Military Justice, Qualified and Certified
• Pro Hac Vice admissions throughout numerous jurisdictions
• Not admitted in D.C. (practice in D.C. limited to matters and proceedings before federal courts and agencies)

Education

• The Army Judge Advocate General's School, Commandant's List, 1997
• University of Kentucky College of Law, J.D., 1996
  - Articles Editor, Journal of Natural Resources and Environmental Law
  - Cali Award for Excellence in Litigation Skills
• Clemson University, B.S., cum laude, 1993
  - Distinguished Military Graduate

Experience

• Duane Morris LLP
  - Partner, 2008-present
• Office of Personnel Management
  - General Counsel, 2006-2008
• Nelson Mullins Riley & Scarborough, LLP
  - Partner, 2000-2006
• U.S. Army Judge Advocate General's Corps
  - Chief, Civil Law and Litigation Division, and Special Assistant U.S. Attorney, 2000
  - Prosecutor, 1998-2000
  - Attorney-Advisor, 1997-1998

Board Memberships

• Office of Personnel Management
  - Executive Resource Board, 2006-2008
  - Investment Review Board, 2006-2008
• Willow Pointe Home Owners Association
  - President, 2002-2008
• Arthurtown Project
  - Board of Directors, 2002-2003

Civic and Charitable Activities

• Mr. McTigue was the senior executive responsible for the supervision and direction of the 2007 Combined Federal Campaign, a charitable drive involving the 1.8 million federal employees, that collected a record-setting $272 million for more than 20,000 national and local charities.
• Drury University
  - Adjunct Professor, 1998-2000
• Sullivan College
  - Adjunct Professor, 1995-1996
• Kentucky College of Business
  - Instructor, 1995-1996

Honors and Awards

• Listed in Smart CEO's Leading Lawyers, 2011

Selected Publications

• Quoted, "Pick a Side: In Brand-Name vs. Generic Drug War, Firms Must Choose,"ABA Journal, December 2011
• Featured in "Q&A With Duane Morris' Kerry McTigue," Law360, September 28, 2010
• Co-author, "Benefits of the SAFETY Act," Security Technology Executive, November 2009
• Co-author, "SAFETY Act Offers Both Liability Protection and Liability Avoidance for Companies, Directors and Officers, and Preservation of Stockholders' Value," Duane Morris Alert, May 18, 2009
• Co-author, "What the Future Holds," The National Law Journal, March 30, 2009

Selected Speaking Engagements

• Principal OPM advocate to U.S. Congress on various agency programs, including U.S. Administrative Law Judge selection process, Selective Service eligibility determinations, Combined Federal Campaign, Outstanding Scholar Program, Bilingual-Bicultural Program and Veterans Preference issues, 2006-2008
• Small Agency General Counsel's meeting. Keynote speaker on various administration personnel issues, October 2007
• National Food Processors Association. Presented at annual conference on the topics of e-discovery and electronic courtroom, February 2004