Jeffrey B. Bove Counsel | Wilmington, DE
Jeff Bove is a patent and commercial litigation attorney who represents clients primarily in the United States District Court for the District of Delaware and the United States Court of Appeals for the Federal Circuit. He provides local counsel services for out of state clients in the District of Delaware, having appeared in over 140 cases. He frequently represents branded pharmaceutical companies seeking to protect key products and patents in ANDA cases.
Jeff’s practice includes the representation of clients in the areas of patent litigation, complex commercial litigation, technology licensing, patent misuse evaluations including serving as Delaware counsel in numerous cases. With over 40 years of litigation experience, Jeff has also served as lead counsel in numerous cases involving a variety of subjects. He argued successfully the Bayer v. Housey appeal for Bayer Corporation at the Federal Circuit, an important case of first impression involving the scope of 35 U.S.C. § 271(g). As co-counsel, Jeff represented Pfizer in Pfizer v. Ranbaxy, in which Pfizer’s basic patent covering Lipitor® was upheld. For a description of Jeff’s experience, see the summary below of some of the patent cases which he has litigated.
Jeff was the Managing Partner and Practice Leader of the Intellectual Property Group of Connolly Bove Lodge & Hutz LLP. He served on the Board of Governors of the Federal Circuit Bar Association from 2012-2018 and was specially recognized by the Association at its 2018 Bench and Bar Conference for this service. He was appointed Chair of the Legislative Committee and Vice Chair of the Judicial Appointments Committee of the Federal Circuit Bar Association for 2018. He is a Fellow of the American Bar Foundation and has been named in Best Lawyers® for Antitrust Law for each of 2011-2022. Jeff is also a co-author of the ABA publication, “ANDA Litigation: Strategies and Tactics for Pharmaceutical Patent Litigators,” Chapter 3, Notice and Pre-Filing Considerations, and Chapter 18, Trial (1st ed. 2012; 2d ed. 2016).
Articles & Presentations
Articles & Presentations
- ANDA Litigation: Strategies and Tactics for Pharmaceutical Patent Litigators, Second Edition
- Co-author of Chapters 3 and 18
- Panel moderator of the Judges Panel on Improving Litigation Efficiency at the 2015 District of Delaware Bench and Bar Conference
- Panel moderator of the Judicial Resources Panel at the 2017 Federal Circuit Bar Association Patent Litigation Major Regional Program, in Wilmington, Delaware
- U.S. District Court for the District of Delaware
- U.S. Court of Appeals – 2nd Circuit
- U.S. Court of Appeals – 3rd Circuit
- U.S. Supreme Court – Special Courts
- U.S. Court of Appeals – Federal Circuit
- J.D., Summa Cum Laude, New England School of Law
- B.A., Political Science, University of Delaware
- National Political Science Honor Society
- Graduated with Honors
- Delaware Bar Association
- American Bar Association
- Federal Bar Association
- Federal Circuit Bar Association
- Chair of the Legislative Committee (2018)
- Vice Chair of the Judicial Appointments Committee (2018)
- Board of Governors (2012-2018)
In addition to serving as lead counsel in numerous complex commercial litigations, Jeff served as counsel in the following representative patent cases:
- As Delaware counsel, in an ANDA case, successfully assisted in enforcing a multinational pharmaceutical company’s patents on a life-saving stem cell drug through trial and appeal.
- As Delaware counsel, in an ANDA case, assisted in litigation that resulted in a settlement for a major pharmaceutical company enforcing patents covering use of a pain medication.
- As Delaware counsel, in 20 ANDA cases, assisted in litigation that resulted in a favorable settlement for a multinational pharmaceutical company involving an MS drug.
- As Delaware counsel, assisted a large multinational pharmaceutical company in settlement of litigation involving a diabetes medication.
- As co-lead counsel, preserved Pfizer’s exclusivity in the world’s most successful drug, Lipitor®, having sales in excess of $12 billion per year, sustaining Pfizer’s basic patent and term extension at trial and on appeal.
- As co-lead counsel, represented Pfizer in 9 ANDA litigations relating to Lipitor® that were successfully resolved.
- As co-lead counsel, represented Pfizer in 21 patent cases initiated against online pharmacies relating to Lipitor®.
- As co-lead counsel, successfully enforced a biotech company’s patent relating to IVIG, and after obtaining favorable claim construction ruling on the eve of a jury trial, negotiated and consummated a favorable settlement.
- As co-lead counsel for Bayer AG and Bayer Corporation, enforced Bayer’s patents covering a hypertension drug in 12 ANDA cases.
- As co-lead counsel, defended Bayer in a patent licensing dispute that settled prior to trial.
- As co-lead counsel, represented Bayer in a 35 U.S.C. §146 action involving an interference.
- As co-lead counsel, obtained a ruling in favor of Bayer in which the Federal Circuit construed §271(g), and thereafter obtained a ruling after trial that four patents issued by Housey Pharmaceuticals were procured by fraud. Bayer was awarded $1.9 million in attorney fees.
- As co-lead counsel, successfully defended Rohm and Haas Company against RICO and antitrust charges relating to ion exchange resin patents.
- As co-lead counsel, sustained the validity and enforceability of Rohm and Haas Company’s patents covering ion exchange resins.
- As co-lead counsel, successfully enforced Rohm and Haas Company’s patents relating to a herbicide.
- As co-lead counsel, obtained a favorable arbitration decision, affirmed on appeal, that a computer networking technology patentee did not violate a most favored licensee clause, preserving an extensive licensing program.
- As lead counsel, successfully enforced Agfa’s patent on magnetic tape stack hubs, resulting in a favorable settlement.
- As lead counsel, obtained a dismissal of a patent case against Pfizer relating to a cosmetic product.
- As co-lead counsel, successfully defended Pfizer in a case involving a promotional product and unearthed evidence that resulted in patent invalidity.
- As co-lead counsel, was part of a team that obtained a ruling from the United States Supreme Court that Rohm and Haas Company had not committed patent misuse, and subsequently defeated antitrust claims alleging that Rohm and Haas illegally monopolized the rice herbicide market and had engaged in predatory pricing and illegal market division.