Barbara Mullin is a Partner in the Firm's Litigation department, with a focus on patent litigation. Ms. Mullin has over 25 years of experience litigating patent infringement disputes. She regularly tries patent cases in federal courts and before arbitration panels and has argued before the Court of Appeals for the Federal Circuit. Her cases have involved diverse fields such as recombinant antibody technology, medical devices and methods, small molecule pharmaceuticals, semiconductor wafer processing, and water guns. In addition to representing clients in litigation and arbitration proceedings, Ms. Mullin also counsels innovator pharmaceutical and medical device clients on strategic patenting and licensing and freedom to operate issues, as well as Orange Book Listings, Paragraph IV certifications, and other ANDA-related matters. In November 2021, Ms. Mullin was selected as The American Lawyer’s ‘Litigator of the Week’ for securing a significant trial victory for a Fortune 100 pharmaceutical company. Ms. Mullin is also listed as a “Litigation Star” for New York by Euromoney Institutional Investor PLC’s Benchmark Litigation 2023 Guide.
- Obtained a significant trial victory for a Fortune 100 pharmaceutical company in a Hatch-Waxman patent litigation where patent validity was at issue. After a multi-week bench trial by Zoom, the District Court of New Jersey issued an order rejecting all of the defendant’s allegations of invalidity. At stake was nearly 10 years of patent protection for a blockbuster medicine with over $1.5 billion in annual sales in the United States.
- Served as one of the principal attorneys representing a biotechnology company and private university in a patent trial charging a competitor's product with infringement. The jury returned a verdict that Ms. Mullin’s clients’ patent was willfully infringed and not invalid, and awarded damages of $1.67 billion.
- Successfully defended an American toy manufacturer in a patent infringement suit alleging infringement of two patents for leading water guns.
- Served as one of the principal attorneys in a Northern District of California jury trial, successfully representing a large computer-chip manufacturing equipment company asserting its process and apparatus patents. The case settled favorably after trial, including awards for past damages and ongoing royalties.
- Obtained a preliminary injunction followed by a favorable decision at trial and an award of attorneys’ fees on behalf of the plaintiff, a leading diagnostic systems manufacturer.
- Served as one of the principal attorneys in obtaining favorable arbitration ruling on the merits and an award of attorneys’ fees and costs on behalf of a leading diagnostic systems manufacture.
- U.S. Supreme Court
- U.S. Patent and Trademark Office
- U.S. Court of Appeals, Federal Circuit
- Pennsylvania (only admitted in Pennsylvania)
Ms. Mullin is a frequent speaker on topics relating to patent litigation. Her recent speaking engagements include:
- "Formulating Patent Litigation Strategies to Prevail in the Face of Evolving Case Law, " American Conference Institute Advanced Forum on Biotech Patents
- "A View from the Bench: Concurrent PTO Proceedings," Practising Law Institute Reissue and Reexamination Strategies and Tactics with Concurrent Litigation
- "Ethical Considerations of Reissue, Ex Parte and Inter Partes Reexamination Proceedings," Practising Law Institute Reissue and Reexamination Strategies and Tactics with Concurrent Litigation