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Leslie Morioka is an intellectual property lawyer who focuses on litigation. She safeguards her clients' interests in the critical areas of co-development, collaboration and transfer of proprietary technology.
As a registered patent lawyer, Leslie is dedicated to helping clients protect and exploit their intellectual property rights. IP law issues can arise in almost any sector, from software to films, and Leslie leverages her experience to her clients' advantage across the board. Her client list is global in scope, and she also looks to their needs in an international context, in order to ensure their total protection.
Leslie's litigation experience is focused in the ever-developing area of technology patent matters, including drug biotech products and medical devices. She also has extensive experience in Hatch-Waxman patent litigation.
In order to prevent her clients finding themselves at the litigation stage, Leslie is able to put in place risk assessments, portfolios evaluations and due diligence at the earliest stages of development. She also brings knowledge and insight to the negotiation of agreements relating to licensing, worldwide collaborations and strategic alliances, in order to future-proof her clients' interests.
Leslie defended a client against a patent infringement lawsuit that the patent owner voluntarily dismissed with prejudice within two months of filing, after the patent owner was served our motion to dismiss for failure to state a claim.
Leslie defeated a preliminary injunction motion brought by a patent owner, which resulted in their dismissal of the patent infringement action.
Leslie represented a client as intervening party in a lawsuit against the FDA under the Administrative Procedures Act, resulting in the grant of a summary judgment and dismissal of the complaint against the FDA. This freed the FDA to approve her client's application for marketing approval.
Leslie represented a client in a declaratory judgment action which resulted in a summary judgment of invalidity of four patents, and a bench trial ruling of invalidity of three additional patents – all within one year. This cleared the way for the launch of the client's products. The district court's holdings were upheld on appeal. 'Geneva Pharm., Inc. v. GlaxoSmithKline plc', 349 F.3d 1373 (Fed. Cir. 2003).
Leslie defended a client against trade secret misappropriation charges brought in the International Trade Commission and a parallel state court proceeding, as well as a related antitrust action in the US District Court for the Eastern District of Virginia. These proceedings ended in favorable settlements for her client.
Leslie successfully defended a client against a competitor's patent infringement lawsuit involving a coding sequence of DNA. The case resulted in a winning jury verdict of patent invalidity, which was upheld on appeal. 'Monsanto Co. v. Mycogen Plant Science, Inc. et al., 261 F.3d 1356' (Fed. Cir. 2001).
Leslie obtained a preliminary injunction for a medical device client against a competitor for unfair competition under the Lanham Act.
"Recent Developments in Patent Law", April 29, 2009: Women in IP Breakfast Series, Committee on Women in the Profession, The Association of the Bar of the City of New York, (Panelist)
"Industry Spotlights: Recent Developments in Pharmaceutical, Biotech, Electronics/Semiconductor and Software Patent Litigation", January 14, 2008: 2nd Annual Patent Law Institute,
Effect of Recent Patent Cases on the Life Sciences Industry, The Impact of Recent Patent Law Cases and Developments (Inside the Minds Series), Thomson Reuters/Aspatore pp. 67–91, 2009
Licensors Face New Challenges after the US Supreme Court's Decision in MedImmune v. Genentech, Int'l J. Technology Transfer & Commercialisation (Vol. 8, No. 4), pp. 340–355, 2009, (co-author)
Recent Developments in Pharmaceutical and Biotechnology Litigation, 2nd Annual Patent Law Institute (Volume Two), Practicing Law Institute, 2008, (co-author)
Discovery Issues in Patent Litigation, Patent Litigation 2006, Practicing Law Institute, New York, November 6, 2006