Claire Fundakowski
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Claire draws on her experience as a pharmacist to represent clients in intellectual property litigation, with a focus on Hatch-Waxman litigation and appeals. On two occasions, Am Law Litigation Daily mentioned Claire as a “Litigator of the Week” runner-up in connection with her case victories. Prior to joining the firm, Claire served as a law clerk to Chief Judge Kimberly A. Moore at the U.S. Court of Appeals for the Federal Circuit.
Key Matters
Claire’s representative experience includes the following:
- Core member of a trial team that obtained invalidation of six patents for obviousness—affirmed on appeal—in a case involving a drug with annual sales of approximately US$1B.
- Core member of a trial team that obtained a judgment of non-infringement of all asserted claims relating to the drug compound’s polymorphic form.
- Orally argued and briefed claim construction on behalf of a generic pharmaceutical company to obtain a construction narrowed by prosecution history disclaimer.
- Orally argued and briefed a successful Daubert motion on behalf of a medical device company.
- Briefed successful patent challenges before the Patent Trial and Appeal Board to invalidate dozens of claims across six patents relating to methods of expressing enzymes in fungal cells.
Claire has also helped secure several favorable outcomes for her pro bono clients, including:
- At the Supreme Court, briefed successful amicus brief outlining why the rescission of DACA was arbitrary and capricious in view of the government’s failure to consider serious reliance interests unique to DACA recipients and their families.
- Briefed successful amicus brief on behalf of various civil rights organizations to support commuting a prisoner’s wrongful conviction through executive clemency.
- Briefed successful amicus brief in appellate court to support protecting prisoners from the physical and psychological harms of solitary confinement.