Practice Areas
FinTech
Global Litigation
IP Due Diligence
ITC Litigation
Intellectual Property
Patent & Trade Secret Litigation
Patent Preparation & Prosecution
Trademark & Copyright Protection
Trial Practice
Admissions
U.S. District Court, Southern District of New York
U.S. Court of Appeals for the Federal Circuit
U.S. Court of Appeals, 2nd Circuit
U.S. District Court, Eastern District of New York
U.S. District Court, District of New Jersey
New Jersey
New York
Education
St. John's University School of Law - J.D., 1996
Tufts University - Ph.D.
Rutgers University - B.A., 1985
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Profile
Dr. Dorothy Auth is the Head of Cadwalader's Intellectual Property Practice. Dorothy has 30 years of experience in complex patent litigation, as well as licensing, patent procurement, and intellectual property counseling in the United States and abroad. Her experience spans diverse industries, including biotechnology, pharmaceutical, and medical devices, as well as consumer products, computers, and other mechanical devices.
Dorothy litigates in U.S. Federal Courts, the International Trade Commission and in international arbitrations conducted under the AAA and WIPO rules.
Dorothy coordinates global intellectual property procurement and enforcement strategies for her clients to maximize their protected field. In this area, Dorothy’s practice includes U.S. and international client counseling, and infringement and validity opinions regarding patents, trademarks, copyrights, and trade secrets. Her international experience includes coordinating patent infringement trials and hearings between the U.S. and different European jurisdictions including trials seeking preliminary relief and cross-border injunctions, as well as CBMs, IPRs, nullity, cancellation and oppositions proceedings on patent rights.
Dorothy also addresses intellectual property diligence issues, advising clients on the validity of target patents and performing clearance analysis on the patents and trademarks of competitors to render freedom-to-operate opinions.
Dorothy has recently been named to the annual list of Intellectual Property Trailblazers published by The National Law Journal. Dorothy has been listed as an "IP Star" in the 2017-2020 editions of Managing Intellectual Property magazine, the guide to the world's leading IP law firms and practitioners. She has also been recognized in Euromoney Legal Media Group’s Guide to the World's Leading Women in Business Law.
At the firm, Dorothy chaired the Technology Committee and served as the Partner Chair of the Women’s Leadership Initiative each for over five years.
Dorothy is a past President of the New York Intellectual Property Law Association.
Experience
Exemplary Representations:
TriOptima Ltd. v. Quantile Technologies, Ltd. (EDTX) Defend Quantile against allegations of patent infringement and trade secret misappropriation. Case was dismissed on Quantile’s Motion to Dismiss for lack of personal jurisdiction.
Certain Beverage Dispensing Systems and Components Thereof (U.S.I.T.C.): Defend Anheuser-Busch InBev in the ITC against allegations of patent infringement relating to beer dispensing devices.
Certain Blow-Molded Bag-in-Container Devices, Associated Components, and End Products Containing or Using Same (U.S. I.T.C. 337-TA-1115) Represent Complainant Anheuser-Busch InBev before the International Trade Commission in an infringement proceeding involving several of ABI’s patents related to blow-molding bag-in-container dispensing devices as well as in a parallel federal district court litigation. The case settled on favorable terms for ABI.
Orca Health, Inc. v. 3D4Medical Ltd., et al. (D. Utah)
3D4Medical Ltd., et al. v. Orca Health, Inc. (S.D. Cal.)
Represented 3D4Medical Ltd. in actions against Orca Health, Inc. In one action, we defended 3D4Medical in Utah Federal District Court where Orca Health alleged over 10 state and federal tort claims, including unfair competition, trade secret misappropriation, and infringement of its trademarks, trade dress and patents. Before discovery began, multiple motions to dismiss the complaint under rule 12(b)(6) were filed as well as a motion to disqualify plaintiff’s counsel and to invalidate the asserted patents as being directed to ineligible subject matter. In addition, a separate lawsuit was filed in the Southern California Federal District Court against Orca Health for copyright infringement, trade dress infringement, unfair competition and breach of obligations under its End User License Agreement with 3D4Medical. After having already dismissed one of the two patents from case and just before the hearing on the Utah preliminary motions, a favorable settlement of both cases was reached.
Medinol, Ltd. v. Guidant Corp. and Advanced Cardiovascular Systems, Inc., (S.D.N.Y., 03 Civ. 2604 (SAS)) Represent Medinol in patent infringement action involving several patents relating to cardiovascular stents; significant decisions include 2004 U.S. Dist. 19705 (S.D.N.Y. 9/30/04) (Favorable Markmann decision); 2005 U.S. Dist. LEXIS 35866 (S.D.N.Y. 2005). (Defeating summary judgment of invalidity); 2006 U.S. Dist. LEXIS 5812 (S.D.N.Y. 2/10/06); (Granted summary judgment of patent infringement.) Case settled favorably for Medinol at close of jury trial (during jury deliberations).
Medtronic Vascular, Inc. v. Boston Scientific Corp., Scimed Life Systems, Inc. Boston Scientific Scimed, Inc. and Medinol, Ltd., District of Delaware, Civil Action No. 98-478-SLR Defend Medinol against charges of infringement of several patents relating to cardiovascular stents. Obtained summary judgment of no direct infringement and no contributory infringement. Medtronic, 348 F. Supp. 2d 316 (D. Del. 2004); received favorable Markman ruling and grant of summary judgment of no infringement, including no active inducement of infringement. Medtronic, Civ. No. 98-478-SLR, 2005 U.S. Dis. LEXIS 822 (D. Del. 2005) (Markman); Medtronic, Civ. No. 98-478-SLR, 2005 U.S. Dist. LEXIS 1157 (D. Del. 2005) (no infringement). (D. Del., 2004-2005)
Medtronic Vascular, Inc. v. Medinol, Ltd. et al.
Summary judgment of no-infringement in favor of client - Medinol - affirmed by Federal Circuit; 182 Fed. Appx. 994, 2006 WL 1478513 (Fed. Circ. 2006)
Representative Patent Office Proceedings
- Quantile Technologies, Ltd. v. TriOptima AB., CBM2020-00011 (PTAB)
- Quantile Technologies, Ltd. v. TriOptima AB., CBM2020-00012 (PTAB)
- Heineken N.V. v. Anheuser-Busch InBev S.A., IPR2018-01663 (PTAB)
- Heineken N.V. v. Anheuser-Busch InBev S.A., IPR2018-01665 (PTAB)
- Heineken N.V. v. Anheuser-Busch InBev S.A., IPR2018-01667 (PTAB)
- Heineken N.V. v. Anheuser-Busch InBev S.A., IPR2018-01669 (PTAB)
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