Kevin Culligan is a Shareholder and member of Maynard Cooper’s Intellectual Property Litigation and Intellectual Property Protection practice groups. He has focused his practice for more than 35 years on the litigation, trial, arbitration and appeal of intellectual property matters, concentrating primarily on patent, trade secret and unfair competition cases in the fields of pharmaceuticals, medical devices, biotechnology and financial services. Kevin also has extensive licensing experience, including the development and execution of licensing and enforcement programs involving patent portfolios that include hundreds of patents.
In 2014 and 2016, Kevin was honored as one of the best of the best patent litigators in the country and in 2014 as one of the 30 best practitioners in the field worldwide by The Legal Media Group. He has also been recognized for his patent litigation work by Managing Intellectual Property and IAM, and was named as one of the preeminent life sciences practitioners in North America in Euromoney LMG’s 2012 and 2014 editions of “Life Sciences”.
Kevin lectures on various intellectual property law matters, and he has served as a faculty member for organizations that include the Practising Law Institute and the American Conference Institute.
Before joining Maynard Cooper & Gale, Culligan was a partner in Goodwin Procter’s IP Litigation Group, Patent Litigation Practice and FinTech Practice. He earned an A.B. in Biology from Colgate University in 1976 and a J.D. from Cornell Law School in 1980, and was a partner for many years at Fish & Neave before that patent litigation firm merged with another firm in 2005.
- Defense of leading multinational high technology company in patent infringement actions in which the plaintiff claims the company infringed patents directed to online, bi-directional transactions in real time
- Defense of a subsidiary of a leading banking association and payments company in an action for alleged breach of contract, business torts and fraud, and for alleged civil RICO violations and violations of the antitrust laws
- Defense of multinational banking and financial services company in patent infringement action in which the plaintiff claimed that three patents posed a fundamental challenge to the company’s ability to provide its clients and customers with online banking services that enable bi-directional transactions in real time
- Defense of Bank of America’s and Merrill Lynch’s mobile banking services and smart phone applications in a complex Multi-District Litigation in which the plaintiff alleged infringement of four patents
- Defense of Bank of America in a patent infringement action in which the plaintiff alleged that Bank of America employs infringing methods and systems that enable clients and customers to transmit secure messages across insecure networks
- Defense of Teva in a patent infringement action commenced by Pfizer under the Hatch-Waxman Act in response to Teva’s challenge of the patent that Pfizer listed in the “Orange Book” to protect VIAGRA®, Pfizer’s drug for the treatment of erectile dysfunction
- Defense of Teva in an action for patent infringement filed by Novartis under the Hatch-Waxman Act in response to Teva’s filing of an ANDA seeking approval to market a generic version of Novartis’s drug TOBI®
- Represented Merck KGaA in an international arbitration proceeding against ImClone in which Merck obtained indemnification for losses associated with breaches of provisions in a patent license and development agreement that relates, among other things, to therapeutic compositions that combine EGF receptor-targeting monoclonal antibodies and anti-neoplastic agents for the treatment of cancer
- Defense of Insulet in an action for patent infringement involving wearable, radio controlled insulin pumps used by people with certain forms of diabetes
- Legal Media Group’s Euromoney Institutional Investor, named to the list of “Leading Patent Litigators in the U.S.” in 2012 and 2014; “Best of the Best USA” in 2014 and 2016, 2014 “Best of the Best Patent Litigators Worldwide”
- The Best Lawyers in America© for Litigation: Intellectual Property and for Litigation: Patent (2005-present)
- New York Super Lawyers for Intellectual Property, Intellectual Property Litigation and Appellate (2006 – present)
- Managing Intellectual Property’s Guide to the World’s Leading Patent Law Experts
- Euromoney LMG Life Sciences Guide, named “Life Sciences Star” in 2012 and 2014
- Euromoney LMG Life Sciences, named to the 2010 “World’s Leading Life Sciences Patent Litigators”
Kevin’s Affiliations & Civic Involvement
- American Bar Association
- American Intellectual Property Law Association (AIPLA)
- New York City Bar Association
- Federal Circuit Bar Association
- New York Intellectual Property Law Association (NYIPLA)