Lawyer Bio : Mary W. Bourke
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Mary W. Bourke
Wilmington
Mary Bourke is a Partner in Womble Carlyle’s Intellectual Property Practice Group in the firm’s Wilmington, Delaware office. She represents clients in patent litigation related to biotechnology and pharmaceutical matters.
Mary has over 25 years of patent litigation experience at both the district court and appellate levels. She has been involved in multiple ANDA litigations and is knowledgeable about the complexities of litigation under the Hatch-Watchman Act.
She was the co-first chair for Pfizer’s successful defense of Lipitor® against several ANDA filers. Additionally, Mary currently represents Astra Zeneca in multiple litigations involving AstraZeneca’s successful drug CRESTOR®.
Mary also successfully led the litigation team for Lifescan Inc. in an infringement action filed against it and four other competitors by Roche relating to blood glucose monitoring technology.
Mary has experience in all phases of litigation including pretrial, trial and appellate stages, both domestically and internationally. She also participates in due diligence activities for major pharmaceutical companies.
In 2010, Mary was recognized as one of the world’s leading life sciences patent litigators by IAM (Intellectual Asset Management) magazine.
Representative Cases
Palmetto Pharmaceuticals LLC v. AstraZeneca Pharmaceuticals LP (D. S.C.) (CRESTOR® NPE action)
AstraZeneca UK Limited et al v. Watson Pharmaceuticals Inc. et al (D. Del.) (CRESTOR®)
Salix Pharmaceuticals, Inc. and Dr. Falk Pharma GmbH v. Lupin Limited and Lupin Pharmaceuticals, Inc. (D. Del.) (APRISO®)
Roche Diagnostics Operations, Inc., et al v. Abbott Diabetes Care, et al. (LifeScan Inc.) (D.Del.) (One Touch Ultra®)
Novartis Vaccines & Diagnostics, Inc. v. MedImmune, LLC, et al (D. Del.) (SYNAGIS®)
In re Armodafanil Patent Litigation (Cephalon Inc., et al) (D. Del.) (NUVIGIL®)
In re: Rosuvastatin Calcium Patent Litigation, (AstraZeneca Pharmaceuticals LP et al) (Fed. Cir.)
Purdue Pharma Products LP et al (Ortho-McNeil) v. Par Pharmaceuticals Inc. (D. Del.) (ULTRAM ER®)
The Brigham and Women’s Hospital, Inc., NPS Pharmaceuticals, Inc. and Amgen Inc. v. Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries Ltd. and Barr Laboratories, Inc. (D. Del.) (SENSIPAR®)
Pfizer Inc. v. Ranbaxy Labs, Ltd. (Fed. Cir.) (LIPITOR®)
Bayer AG v. Biovail Corporation (Fed. Cir.) (PROCARDIA®)
Bayer AG and Bayer Corporation v. Housey Pharmaceuticals, Inc. (Cell based assay research tool)
Talecris and Bayer v. Baxter International, et al (D. Del.) (GAMMAGARD®)
Mary has over 25 years of patent litigation experience at both the district court and appellate levels. She has been involved in multiple ANDA litigations and is knowledgeable about the complexities of litigation under the Hatch-Watchman Act.
She was the co-first chair for Pfizer’s successful defense of Lipitor® against several ANDA filers. Additionally, Mary currently represents Astra Zeneca in multiple litigations involving AstraZeneca’s successful drug CRESTOR®.
Mary also successfully led the litigation team for Lifescan Inc. in an infringement action filed against it and four other competitors by Roche relating to blood glucose monitoring technology.
Mary has experience in all phases of litigation including pretrial, trial and appellate stages, both domestically and internationally. She also participates in due diligence activities for major pharmaceutical companies.
In 2010, Mary was recognized as one of the world’s leading life sciences patent litigators by IAM (Intellectual Asset Management) magazine.
Representative Cases
Palmetto Pharmaceuticals LLC v. AstraZeneca Pharmaceuticals LP (D. S.C.) (CRESTOR® NPE action)
AstraZeneca UK Limited et al v. Watson Pharmaceuticals Inc. et al (D. Del.) (CRESTOR®)
Salix Pharmaceuticals, Inc. and Dr. Falk Pharma GmbH v. Lupin Limited and Lupin Pharmaceuticals, Inc. (D. Del.) (APRISO®)
Roche Diagnostics Operations, Inc., et al v. Abbott Diabetes Care, et al. (LifeScan Inc.) (D.Del.) (One Touch Ultra®)
Novartis Vaccines & Diagnostics, Inc. v. MedImmune, LLC, et al (D. Del.) (SYNAGIS®)
In re Armodafanil Patent Litigation (Cephalon Inc., et al) (D. Del.) (NUVIGIL®)
In re: Rosuvastatin Calcium Patent Litigation, (AstraZeneca Pharmaceuticals LP et al) (Fed. Cir.)
Purdue Pharma Products LP et al (Ortho-McNeil) v. Par Pharmaceuticals Inc. (D. Del.) (ULTRAM ER®)
The Brigham and Women’s Hospital, Inc., NPS Pharmaceuticals, Inc. and Amgen Inc. v. Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries Ltd. and Barr Laboratories, Inc. (D. Del.) (SENSIPAR®)
Pfizer Inc. v. Ranbaxy Labs, Ltd. (Fed. Cir.) (LIPITOR®)
Bayer AG v. Biovail Corporation (Fed. Cir.) (PROCARDIA®)
Bayer AG and Bayer Corporation v. Housey Pharmaceuticals, Inc. (Cell based assay research tool)
Talecris and Bayer v. Baxter International, et al (D. Del.) (GAMMAGARD®)
Contact
- (302) 252-4333
- (302) 661-7733
Professional Activities
Admitted to bar: 1985, Delaware.
Admitted to practice before the U.S. District Court for District of Delaware, 1987; U.S. Court of Appeals for the Third Circuit, 1987; and the U.S. Court of Appeals for the Federal Circuit, 1987.
Education
B.S.E, 1981, Princeton University, with Honors;
J.D., 1984, University of Pittsburgh School of Law.
Prior Legal Experience
Partner, Connolly Bove Lodge & Hutz LLP, Wilmington, Delaware.
Areas of Proficiency
- Intellectual Property
- Patent Litigation
