Cedric C.Y. Tan is a partner in Crowell & Moring's Washington, D.C. office and a member of its Intellectual Property Group. His practice focuses primarily on IP litigation with a particular emphasis on patent litigation for clients in the biotech, pharmaceutical and chemical fields. Cedric is highly experienced in all aspects of patent litigation, from pre-suit investigations through trial and appeal. A primary focus of Cedric's practice, in which he has successfully litigated numerous patent infringement actions, is the representation of generic pharmaceutical companies in Abbreviated New Drug Application (ANDA) pharmaceutical patent litigation matters arising under the Hatch-Waxman Amendments to the Federal, Food, Drug and Cosmetic Acts ("Hatch-Waxman Act"). Prior to joining the firm, Cedric was a partner in a prominent international IP boutique.
Cedric's experience also extends to copyright, trademark, trade secret and other types of intellectual property litigation, in addition to general commercial litigation and counseling. In addition to his litigation practice, Mr. Tan provides clients with pre-litigation counseling including providing opinions on the validity, infringement and enforceability of patents.
Cedric earned a B.Sc. in Honors Biochemistry from the University of Alberta in Canada and a J.D. from Tulane University Law School. He is admitted to the bars of the District of Columbia and Tennessee, and he is also a registered patent attorney licensed to practice before the U.S. Patent and Trademark Office. He is also admitted to practice before the U.S. Court of Appeals for the Federal Circuit, U.S. Court of Appeals for the Sixth Circuit, and the U.S. District Courts for the District of Columbia and the Western District of Tennessee. He is a member of the American Intellectual Property Law Association (AIPLA) and the American Bar Association (ABA)
Representative Patent Matters
· In re: Armodafinil Patent Litigation (D. Del.) (representing Mylan in multidistrict ANDA patent infringement action involving generic NUVIGIL drug used to treat excessive sleepiness).
· Teva Women's Health, Inc. v. Lupin, Ltd., et al. (D.N.J.) (represented Watson in ANDA patent infringement action involving generic LoSEASONIQUE oral contraceptive drug, securing favorable settlement).
· Duramed Pharmaceuticals, Inc. v. Watson Laboratories, Inc. (D. Nev. and Fed. Cir.) (representing defendant in ANDA patent infringement action involving generic SEASONIQUE oral contraceptive drug. Successfully defended generic product launch and obtained Federal Circuit order affirming propriety of the product launch.).
· Bayer Schering Pharma AG et al. v. Sandoz, Inc. et al. (S.D.N.Y. and Fed. Cir.) (represented defendant Watson in ANDA patent infringement action involving generic YASMIN oral contraceptive drug, securing successful defense judgment of non-infringement).
· Bayer Schering Pharma AG et al. v. Watson Pharmaceuticals, Inc. et al. (D. Nev.) (representing Watson in ANDA patent infringement action involving generic YAZ oral contraceptive drug).
· Arysta LifeScience North America LLC v. Makhteshim Agan of North America, Inc. (E.D.N.C.) (represented defendant in patent infringement action involving plant growth regulator mepiquat chloride, securing favorable settlement).
· Intervet Inc. v. Merial Limited et al. (D.D.C.) (represented Intervet in declaratory judgment action on invalidity, non-infringement and unenforceability of patent relating to porcine circoviruses).
· Aventis Pharmaceuticals et al. v. Impax Laboratories, Inc. (D.N.J.) (represented Impax and Teva in ANDA patent infringement action involving generic Allegra-D tablets (pseudoephedrine/ fexofenadine)).
· Merial Limited v. Intervet Inc. (N.D. Ga.) (represented defendant in successful dismissal of patent infringement action relating to porcine circovirus vaccine).
· Cephalon, Inc. v. Teva Pharmaceuticals USA, Inc. (D.N.J.) (represented defendant in ANDA patent infringement action involving generic Provigil (modafinil), securing favorable settlement).
· Zambon Group S.p.A. v. Teva Pharmaceuticals Industries Ltd. (D.D.C.) (represented defendant patentee in case relating to gabapentin).
· SmithKline Beecham, Inc. v. Teva Pharmaceuticals USA, Inc. (D.N.J.) (represented defendant in ANDA patent infringement action involving generic Lamictal (lamotrigine) drug used to treat epilepsy, securing favorable settelment after trial).
Affiliations
Memberships
· American Intellectual Property Law Association
· American Bar Association
Speaking Engagements
· "Bilski - Where Are We Now and Where Are We Going?" Pittsburgh Intellectual Property Law Association March Meeting, Pittsburgh, Pennsylvania (March 17, 2010). Speaker: Cedric C.Y. Tan.
· "Preparing for Paragraph IV Disputes: Early Generic Considerations for Achieving Favorable Litigation Results," 2nd Annual Pharmaceutical Congress on Paragraph IV Disputes and Settlements, Philadelphia, Pennsylvania (October 22 - 23, 2009). Speaker: Cedric C.Y. Tan.
· "ANDA Litigation: Big Pharma vs. Generics," The Annual IP Counsel Forum, San Jose, California (March 26, 2008). Speaker: Cedric C.Y. Tan.