Successful Pharmaceutical Manufacturer Representation

Represented a very successful manufacturer of containers for pharmaceutical products who had been repeatedly threatened with litigation by a competitor in connection with the trade dress claims. We had already successfully counseled our client in a design around to avoid the other party’s patents and viewed the trade dress claims as an effort to continue the patent owner’s monopoly. We counseled the client to bring a declaratory judgment here in the Middle District of Tennessee, where its principal place of business is located. That case was started a few months ago and the parties are on the verge of concluding a settlement agreement that is highly favorable to our client. At the present time the defendant has requested the terms of the potential settlement agreement, if and when it is consummated, be kept confidential.