Katrina M. Quicker

Experience

Federal Court Patent Litigation

• Represented a Fortune 500 technology company in successfully defending against patent infringement allegations relating to digital image processing. Obtained a summary judgment decision invalidating the patent under Section 101, and that decision was affirmed in a precedential opinion by the United States Court of Appeals for the Federal Circuit.
• Defended ANDA holder and generic drug distributor of naproxen sodium softgels against NDA holder’s assertion that four patents listed in the FDA’s Orange Book were infringed. Following the exchange of discovery, contentions, and claim construction briefing, both parties mediated a resolution before the magistrate judge.
• Represented prestigious research university in pursuing patent infringement claims against multiple companies and in defending against inter partes review (IPR) involving digital PCR technology used to detect abnormalities in biological samples.
• Defended innovative U.S. sports clothing and accessories company in patent infringement case relating to fitness tracking application the enables users to track nutritional information. After filing a motion to dismiss contending that the asserted patents were invalid as abstract ideas, the parties settled.
• Defended prestigious research university against patent infringement allegations involving magnetic resonance imaging (MRI) technology and associated software.
• Represented industry leader in baby products in design patent infringement lawsuit. Obtained a favorable settlement just prior to jury selection.
• Represented a pharmaceutical innovator in Hatch-Waxman litigation involving generic company’s Section 505(b)(2) NDA over a formulary analgesic. Case favorably settled following motion practice and filing of Citizen Petition at U.S. Food and Drug Administration (FDA).

Section 337 ITC Investigations

• Represented medical device company at trial in defense of an ITC investigation alleging its radiopharmaceutical medical devices infringed three patents. Following the hearing, obtained final determination of no violation upon showing that all of the asserted claims are invalid. Decision is being appealed.
• Represented medical glove company at trial in pursuing exclusion order against more than 50 respondents accused of patent infringement.

Trademark

• Represented international glove company in district court lawsuit accusing domain name registration and web developer company of trademark infringement. The lawsuit followed a successful UDRP proceeding against the same company in which the arbitrator determined that the company had registered the confusingly similar domain name in bad faith.
• Represented nine restaurant franchisees in appeal of trial court decision relating to dispute with franchisor regarding franchise agreement and illegal kickbacks. Following briefing and oral argument, obtained a ruling reversing the district court judgment.

Copyright

• Represented nonprofit educational administrators at trial counsel and on appeal in defending against claims of copyright infringement relating to the college library’s use of an electronic reserves system. After a three-week trial, the district court issued a 350-page opinion finding that 94 of the 99 alleged infringing uses were covered by fair use. Following two appeals, the district court determined that 89 of the 99 alleged infringements were protected by fair use.

Prosecution

• Represents one of the world’s largest chemical producers in managing its extensive patent portfolio, including preparing and prosecuting both domestic and international patent applications; participating in reexamination, interference and appeal proceedings at the PTAB; and drafting technology license and joint development agreements.
• Represents international company for all of its global intellectual property matters, including patent prosecution, patent appeals before the PTAB, trademark prosecution, opposition and cancellation proceedings before the TTAB, copyright registrations, and UDRP disputes, as well as for securing regulatory premarket approvals from the FDA for the company’s medical gloves.

Technology Transactions

• Advised and assisted government agency in drafting hackathon official contest rules for a technology challenge aimed at expanding the use of smart vehicle technologies to improve traffic congestion, safety, and mobility and hackathon winner’s technology license agreement.
• Advised a pharmaceutical company on the $70 million sale of its worldwide rights to one of its drugs outside the United States.

Memberships

• Atlanta Intellectual Property American Inn of Court: Master
• Georgia Association of Women Lawyers: Board Member
• American Constitution Society: Judicial Pipeline Taskforce Member
• American Bar Foundation: Fellow
• National Institute for Trial Advocacy: Regional Training Program Instructor
• State Bar of Georgia: Committee to Promote Inclusion in the Profession

Community

• Lambda Legal: Board Member, Co-Chair of Nominating Committee
• Stonewall Bar Association: Mentor
• LGBT Bar: Lavender Law Straight Allies Panelist
• Atlanta Legal Aid Society: Former Advisory Board Member
• Safe Kids Georgia: Former Board Chair
• Atlanta Rowing Club: Former Board Member

Pro Bono

• Representing The Human Rights Campaign and two transgender women of color in challenging the Administration’s proposed regulations that strips protections for LGBTQ patients against discrimination by doctors, hospitals and health insurance companies, and obtained preliminary injunction; the case is currently on appeal.
• Represented multiple victims of domestic violence in obtaining temporary restraining orders.
• Represented multiple tenants in wrongful evictions and in security deposit disputes.
• Represented Muslim inmate in lawsuit challenging jail’s denial of religious group prayer participation.
• Represented undocumented alien immigrant child in foster care in Section 1983 action against county DFACS.
• Represented minor child from Mexico in civil action under the Hague Convention’s International Child Abduction Remedies Act.