Overview
April E. Weisbruch focuses her practice on intellectual property matters, particularly in managing large-scale IP litigation and counseling. She works with clients in wide-ranging technology sectors, including pharmaceuticals, software applications, medical devices, organic chemistry and ballistics.
April represents clients in all phases of patent litigation, from the filing of a complaint through appeal, as well as in the highly specialized post-grant proceedings before the United States Patent Trial and Appeal Board (PTAB). She has extensive deposition, hearing and trial experience in US district courts throughout the country, as well as the US Court of Federal Claims, the US Court of Appeals for the Federal Circuit and the PTAB. Her litigation experience includes traditional ‘competitor’ litigation, litigation against non-practicing entities, ANDA litigation under the Hatch-Waxman Act and §1498 litigation against the United States of America.
April represents a wide variety of clients, including international corporations, startup companies, financial institutions and universities (as well as other academic institutions). Her focus on “full-spectrum” IP work includes complex opinion drafting as well as technology transfer, diligence and licensing work. April also has extensive experience preparing, prosecuting and obtaining both patents and trademarks for clients, as well as counseling clients on portfolio management.
April has spent several years working with colleges and universities helping numerous institutions strategically develop their intellectual property policy and portfolios. She specializes in faculty outreach, in order to help unite the academic and legal sectors to produce the best results.
While at Harvard Law School, April was a contributor to the Journal of Law and Technology. She obtained her bachelor’s degree in biochemistry at Furman University.
Results
- Secured a finding of validity of two patents for Juxtapid® on behalf of Aegerion Pharmaceuticals Inc., in response to a challenge brought by the Coalition for Affordable Drugs (Kyle Bass) at the PTAB (Coalition for Affordable Drugs VIII LLC v. Trustees of the University of Pennsylvania, IPR2015-01835 and IPR2015-01836 (PTAB))*
- Obtained finding of civil contempt, and $18 million in resultant damages, relating to competitor’s purported e-procurement software ‘design-around’ sold in violation of a permanent injunction implemented after a jury trial found the patents-in-suit to be valid and infringed (ePlus Inc. v. Lawson Software, 3:09-cv-620 (E.D.Va.))*
- Negotiated prompt and favorable settlement of patent troll litigation on behalf of client Essentra Components (Symbology Innovations LLC v. Essentra Components Inc., 1:19-cv-03613 (N.D.Ill.))*
- Represented patent owner SecurityPoint Holdings, Inc., in §1498 litigation against The United States of America, for unauthorized use of patented technology at security screening checkpoints all major airports in the United States for over a decade (SecurityPoint Holdings, Inc. v. United States, 1:11-cv-00268 (Fed. Cl.))*
*Matter handled prior to joining McDermott
Recognitions
- The Best Lawyers: Ones to Watch in America, Litigation – Patent, Washington, DC, 2024
- Legal 500 US, 2021
Community
- Federal Circuit Bar Association, Hatch Waxman Subcommittee, Chair
- Federal Circuit Bar Association Hatch Waxman/BPCIA Sub-Committee, member
- Court of Federal Claims Bar Association, member
- American Intellectual Property Law Association, member
- Intellectual Property Owners Association, member
- George Washington University Rothwell IP Moot Court, judge
- Southeastern Regional Meeting of the American Chemical Society (SERMACS) Annual Conference, symposium organizer & speaker
Credentials
Education
Harvard Law School, JD, 2009
Furman University, BS, Biochemistry, 2006
Courts/Agencies
US Patent and Trademark Office
US Court of Federal Claims
US Court of Appeals for the Federal Circuit
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Virginia Supreme Court
Superior Court of the District of Columbia
Admissions
District of Columbia
Virginia
