Summary

Sherry is partner in Hahn Loeser’s intellectual property practice area who represents a broad array of clients in matters involving patents, trademarks, trade secrets and unfair competition, copyrights and associated licensing issues, both domestically and internationally.

At Hahn Loeser 

An experienced litigator, licensed patent attorney and intellectual property lawyer, Sherry regularly appears in courts across the country, including popular patent venues such as the Northern District of Illinois, District of Delaware, District of New Jersey and Southern District of New York, as well as the Court of Appeals for the Federal Circuit. She has significant experience counseling clients with respect to transactional matters, including patent protection, portfolio management and licensing. She represents clients large and small in technical areas spanning pharmaceuticals, ethanol processing, recycling and industrial resource recovery, camera phones, dental instruments, ultrasonic laser seam welding, medical devices, precision cutting tools, healthcare management systems, agricultural machinery, plastic films, aluminum extrusions and electric motors. For example, she obtained a permanent injunction on behalf of a company using a catalytic activated vacuum distillation process for extracting by-products, such as carbon, diesel fuel and energy-rich gasses, from recycled tires.

She has been involved in a number of high-profile pharmaceutical Hatch Waxman Act/Abbreviated New Drug Application (ANDA)) patent infringement (litigations at both the trial and appellate levels, including cases involving the following pharmaceutical products: Actonel®, Antara®, Boniva®, Uroxatral®, Eloxatin®, Ultracet®, Omnaris®, Benicar®, Benicar HCT®; Lotrel®, Zometa®, Reclast®, Treanda®, and Plavix®. Sherry’s expertise also includes counseling clients on Food and Drug Administration (FDA) marketing exclusivities arising out of ANDA patent litigation, as well as IPRs and post grant proceedings at the U.S. Patent Office.

Sherry is equally adept at handling trademark and copyright matters, including worldwide portfolio management, litigation and arguing before the Trademark Trial and Appeal Board. She also has authored several articles relating to the protection of trademarks in the healthcare industry and related data protection and issues relating to the Health Insurance Portability and Accountability Act (HIPAA).

 

Community

Sherry has been a board member of the Chicago Metro History Education Center since 2015 and is president of the Chicago chapter of the University of Texas Alumni Association.

  • Litigated ANDA disputes at both the trial and appellate level, including Plavix (clopidogrel bisulfate), Actonel (risedronate), Boniva (ibandronate), Antara (fenofibrate) Uroxatral (alfuzosin), Ultracet (tramadol/acetaminophen), Omnaris (ciclesonide nasal spray), Benicar (olmesartan medoxomil), Lotrel (amlodipine and benazepril), and Eloxatin (Oxaliplatin)
  • Obtained favorable settlement for an alternative fuel company in its claim for misappropriation of trade secrets involving catalytic process for refining renewable feedstocks into a variety of products including fuel, oleochemicals and biodegradable lubricants
  • Counsel for Apotex in a significant jurisdictional case where the Court of Appeals for the Federal Circuit held that Apotex has standing as a subsequent ANDA filer to challenge one of Daiichi’s Orange Book listed patents for the drug Omnaris® (olmesartan medoxomil), despite the patent having been disclaimed by Daiichi
  • Obtained dismissal of a trade secret misappropriation claim for lack of standing brought against a national manufacturer of aluminum cans. Williamson v. Rexam Beverage Can Co., 497 F. Supp.2d 900 (S.D.Ohio 2007)
  • Counsel for Illinois Tool Works in patent infringement litigation involving enforcement of company patent on innovative polyester/polyolefin packaging technology. Illinois Tool Works Inc. v. Samuel Son & Co. Ltd. and Samuel Strapping Systems Inc. (N.D.Ill. 2012)
  • Argued before the Trademark Trial and Appeal Board and obtained reversal of the trademark examiner’s refusal to register under Section 2(d) In re Capital Blue Cross, Serial No. 78869843.
  • Counseled Horizon Healthcare Services Inc. in obtaining summary judgment on the issue of invalidity of federal service mark registration due to application defects and on the issue of priority. Horizon Healthcare Services Inc. v. Allied National Inc., 2006 WL344277 (D.N.J. 2006)
  • Advised Apotex Inc. and obtained favorable results for client defending a motion for preliminary injunction by Hoffmann-LaRoche Inc. to prevent the launch of a generic version of the osteoporosis drug Boniva (ibandronate), which enabled client to launch as a first filer. Additionally, the court granted defendant’s motion for summary judgment finding that plaintiff’s patents were invalid for obviousness. Hoffman-La Roche Inc. v. Apotex Inc., et al. (D.N.J. 2012)
  • Counseled Apotex and obtained summary judgment of noninfringement on Lupin’s Orange Book listed patents on behalf of client. Avoided prolonged discovery for this case and prevented Lupin’s counsel from engaging in a fishing expedition, while limiting client’s overall expenses in demonstrating that client’s formulation did not infringe. In re Fenofibrate Patent Litigation (S.D.N.Y. 2012)

Credentials

Education

J.D., John Marshall Law School-Chicago, 2004

 

B.S., physics, The University of Texas at Austin, 2001

Memberships & Affiliations

 International Association for the Protection of Intellectual Property (AIPPI): member

 

Intellectual Property Law Association of Chicago (IPLAC), Board of Managers, 2014 to present; Chair, 2010 to present; Trade Secrets and Unfair Competition Committee

 

Licensing Executives Society International: YMC chair elect, 2015; YMC vice chair communications, 2014-present; past chair, chemical, energy, environmental and materials sector

 

International Trademark Association: Pro Bono Committee member, 2014 to present

 

American Bar Association: member

 

Chicago Bar Association: member

 

North Suburban Bar Association: board of directors, 2005-08

 

Women in BIO: member

Bar Admissions

Admitted to the Illinois Bar, 2004

 

Licensed to practice before the U.S. Supreme Court, 2008; U.S. Patent and Trademark Office, 2007; U.S. Court of Appeals for the Federal Circuit, 2007; the U.S. District Court for the Northern District of Illinois, 2005; and U.S. District Court for the Central District of Illinois 2015

Awards & Distinctions

“Illinois Rising Star – Intellectual Property,” Illinois Super Lawyers, 2011-15