| Biography | Barbara has been helping clients resolve disputes over intellectual property rights since before the IP litigation "boom" began. As a junior associate, Barbara handled the discovery in a patent infringement action involving the chemical composition of Top Flite and Pinnacle golf ball covers. She handled discovery and was second chair at trial in a lengthy trade secret and antitrust case involving the chemical vapor deposition process for creating optical materials. CVD v. Raytheon, 769 F.2d 842 (1985). Since those early beginnings, Barbara has represented both plaintiffs and defendants in patent, trademark, trade dress and trade secret litigation throughout the country. In addition to her expertise in IP litigation, Barbara has extensive experience in securities litigation, including fraud and breach of fiduciary duty claims in class actions and derivative claims, and has settled or tried dozens of multi-million dollar securities claims. When unable to resolve disputes favorably for her client, Barbara does not hesitate to try them to verdicts. Over the years, Barbara has tried cases before juries and judges in state and federal courts around the country, and has presented appellate arguments before the U.S. Courts of Appeal for the Federal, First, Second and Ninth Circuits, the Massachusetts Supreme Judicial and Appeals Courts, in addition to the appellate courts of several other states. Her broad trial experience includes defending professionals in the fields of accounting, architecture, engineering and law against charges of professional negligence, construction and real estate disputes, products liability claims, and even complex divorce actions. Barbara is a Fellow of the prestigious American College of Trial Lawyers, and has been included in the New England Super Lawyers listing, a Thomson Reuters publication, since 2004. She is the immediate-past Co-Chair of the Firm's Litigation Department (2008-2010), and is a past Chair of the Firm's IP Litigation Practice Group (1999-2008). Notable Experience · Barbara was a lead member of the trial team that successfully defended the validity of a patent covering a treatment for an often fatal condition known as heparin-induced thrombocytopenia from attack under the Hatch-Waxman Act. After trial, the court found in favor of the Firm's client, a Japanese pharmaceutical company, and enjoined the generic drug company from coming to market until the patent expires. Mitsubishi Chem. Co. v. Barr Labs, Inc., 718 F. Supp. 2d 382 (S.D.N.Y. 2010). · In a design patent case applying the recent Federal Circuit decision in Egyptian Goddess, Inc. v. Swisa, Inc., 543 F.3d 665 (Fed. Cir. 2008), the court agreed with Barbara that her client's product did not infringe as a matter of law. The court granted Barbara's motion for summary judgment of non-infringement of the design patent and the of plaintiff's alleged trade dress. Competitive Edge, Inc. v. Staples, Inc., 2010 U.S. Dist. LEXIS 29678 (N.D. Ill. Mar. 29, 2010). · A trial team led by Barbara prevailed in the Delaware Court of Chancery in proving fraud in the sale of a Florida radio station to the Firm's client. Vice Chancellor Strine, who was initially skeptical of the claim, was persuaded during trial and found in favor of Barbara's client. In an opinion featuring a photograph of Rosemary Woods, the court awarded damages, equitable relief and, in addition, awarded the Firm's legal fees. Cobalt Operating LLC v. James Crystal Enterprises LLC, 2007 WL 2142926 (Del. Ch. July 20, 2007). · Barbara was a key member of the team that successfully defended a major pharmaceutical company against attacks under the Hatch-Waxman Act on the validity and enforceability of its patent covering a blockbuster oral antidiabetic agent. After trial, the court found that the patent was valid and enforceable, and enjoined the generic drug company defendants from entering the market until expiration of the patent. Takeda Chem. Indus. Ltd. v. Mylan Labs, Inc., 417 F. Supp. 2d 341 (S.D.N.Y. 2006), affirmed 492 F.3d 1350 (Fed. Cir. 2007), cert. denied 552 U.S. 1295 (2008). · After winning the Hatch-Waxman case at trial, the Firm persuaded the court that the case was exceptional under 35 U.S.C. § 285. Takeda Chem. Indus., Ltd. v. Mylan Labs, Inc., 459 F. Supp. 2d 227 (S.D.N.Y. 2006). The court thereafter granted the Firm's motion and entered a multi-million dollar award for the Firm's attorneys' fees. Takeda Chem. Indus., Ltd. v. Mylan Labs, Inc., 2007 WL 840368 (S.D.N.Y. Mar. 21, 2007). Both decisions were affirmed on appeal, which was handled by the Firm's team. Takeda Chem. Indus., Ltd. v. Mylan Labs, Inc., 549 F.3d 1381 (Fed. Cir. 2008), cert. denied 552 U.S. 1295 (2009). · After coming into the case late in the game as substitute counsel for the defendant, Barbara persuaded the court that a patent covering a foldable rolling cart was invalid as obvious and unenforceable due to the plaintiff's inequitable conduct. dbest products, Inc. v. Staples, Inc., No. CV 07-4895 (C.D. Ca., Jan. 29, 2007). The plaintiff agreed to waive its appellate rights and reimburse a portion of the Firm's fees in order to avoid a motion by the Firm for all of its fees. · In the plaintiff-friendly Eastern District of Texas, Barbara obtained a favorable jury verdict on behalf of her clients, who were accused of inducing infringement of two patents on a method of routing faxes through a computer network. Although the jury found inducement, it awarded only nominal damages, and the Court declined to impose the broad injunction sought by the plaintiff. Brooktrout, Inc. v. Eicon Networks Corp., 2007 WL 1730112 (E.D. Tex. 2007). Before Edwards Wildman Barbara started her career at a large Boston firm and practiced there as an associate and junior partner until 1984. She and several colleagues then founded Cooley, Manion, Moore & Jones, LLP, a litigation boutique. In 1998, Barbara joined the Firm, and founded its IP Litigation Practice Group. Besides Edwards Wildman Barbara has traveled abroad extensively, and is an enthusiastic amateur photographer. She particularly enjoys "adventure travel," and has trekked in Peru, Bolivia, Japan, Nepal and Bhutan, bicycled in Switzerland, Vietnam and Cambodia, ridden horses in Patagonia, snorkeled with sea lions in the Galapagos Islands, and scuba dived with sharks in Bora Bora. Barbara is also a fan of the American West and particularly the National Parks. News & Publications November 15, 2011, In Law360, Scott Wofsy Defends Client's Position in Dispute That Could Land in US Supreme Court October 7, 2010, EAPD Attorneys Selected For Inclusion in Super Lawyers 2010 March 1, 2010, EAPD Attorneys Recognized in 2010 Super Lawyers Corporate Counsel Edition November 6, 2009, EAPD Attorneys Selected For Inclusion in Super Lawyers 2009 June 22, 2009, EAPD Attorneys Recognized in Super Lawyers 2009 Corporate Counsel Edition November 24, 2008, EAPD Attorneys Recognized in Super Lawyers 2008 Corporate Counsel Edition October 30, 2008, EAPD Attorneys Named Super Lawyers 2008 September 8, 2008, Partners Barbara Moore and Robert Novack Named Co-Chairs of Edwards Angell Palmer & Dodge Litigation Department October 30, 2007, EAPD Attorneys Named Super Lawyers 2007 October 20, 2007, Edwards Angell Palmer & Dodge Partner Barbara L. Moore Inducted Into the American College of Trial Lawyers November 1, 2006, Edwards Angell Palmer & Dodge Attorneys Honored as Massachusetts Super Lawyers September 20, 2006, Attorney's Fees Granted in Takeda Pharmaceutical's Patent Case on ACTOS®
Edwards Angell Palmer & Dodge LLP March 29, 2006, Judge Rebuffs Challenge to Diabetes Drug Patent
Andrews Intellectual Property Litigation Reporter February 22, 2006, Edwards Angell Palmer & Dodge Successfully Defends Takeda Pharmaceutical's Patent On ACTOS® September 1, 2005, Protecting Trade Secrets in the Internet Age
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