Bruce Genderson spearheads Williams & Connolly LLP’s patent litigation practice, and is nationally-known for his work representing major corporations in patent disputes. Over the course of his more-than-three-decade career, he has represented some of the world’s largest companies in patent infringement suits involving billion-dollar-a-year pharmaceuticals, complex biotechnology inventions, computers and electronics, and medical devices. He has represented a number of emerging companies in patent litigation in a host of different industries as well.
Mr. Genderson has litigated civil and criminal matters of all types — from intellectual property disputes to complex corporate and commercial cases to defending against criminal charges as diverse as tax fraud and capital murder. He has also represented individuals in both complex civil and criminal litigation, and defended prominent law firms in legal malpractice actions.
Mr. Genderson began building Williams & Connolly’s patent litigation practice in the mid 1990s, and it is now among the firm’s largest practice groups. He has won every patent trial which he has first chaired. Mr. Genderson has practiced in state and federal courts across the country, including Washington, D.C., Maryland, Virginia, Delaware, California, New Jersey, New York, Colorado, Wisconsin, Ohio, Texas, Georgia, Louisiana, Alabama, Pennsylvania, Massachusetts, Connecticut, Indiana, Kansas, Arizona and the U.S. Virgin Islands. He has also assisted in litigation outside the U.S., including a trial in Australia.
In November, 2010, Mr. Genderson was lead trial lawyer for Eli Lilly and Princeton University in Eli Lilly v. Teva Parenteral Medicines and APP Pharmaceuticals. Teva and APP had challenged the validity of the patent covering Lilly’s blockbuster anti-cancer drug Alimta, which has annual U.S. sales of almost $1 billion and worldwide sales approaching $2 billion. A federal judge in the district of Delaware ruled in favor of Lilly and Princeton, upholding the validity of the patent, and the case is currently on appeal. Mr. Genderson also represents Lilly in two other Alimta cases involving a particular method of administering the drug with folic acid and vitamin B12.
Earlier in 2010, on behalf of Alcon, now a division of Novartis, and its licensing partner Kyowa Hakko, Mr. Genderson was lead trial lawyer in Alcon Research, Ltd. v. Apotex. The case involved Apotex’s attempt to sell a generic version of Alcon’s anti-allergy drug Patanol, which for over a decade was the market leading anti-allergy eye drop with annual sales in excess of $300 million. After a bench trial in the Southern District of Indiana, the court ruled in Alcon and Kyowa’s favor on every issue. The case is currently on appeal in the Federal Circuit. Mr. Genderson also represents Alcon and Kyowa in several other lawsuits involving Patanol, Alcon’s follow-on once-a-day anti-allergy drug Pataday, and its nasal spray Patanase, which contains the same active ingredient as Patanol and Pataday.
In December 2009, Mr. Genderson was the lead trial lawyer for SenoRx in Hologic v. SenoRx in the Northern District of California. Hologic had claimed that SenoRx’s radiation balloon brachytherapy device for treating breast cancer infringed three of Hologic’s patents. A jury in the Northern District of California invalidated all claims of the two patents that remained at trial and also ruled that SenoRx did not infringe the one patent for which infringement was an issue. After the successful jury verdict, trial Judge Ronald M. Whyte commented on the record that “I’ve tried a number of patent cases and this was a real pleasure. I thought this was the most professionally handled case from both sides that I’ve seen …”. The Federal Circuit reversed the District Court’s ruling on a claim construction issue for one of the patents and the case is now on remand.
In 2006, Mr. Genderson first chaired for Bayer the trial of Bayer AG v. Dr. Reddy’s in the District of Delaware. This was an ANDA (Abbreviated New Drug Application) suit involving the antibacterial drug Avelox, whose annual U.S. sales exceed $300 million. The District of Delaware Court ruled in favor of Bayer on all issues, rejecting Reddy’s claim that the two Bayer patents in suit were invalid and unenforceable.
Mr. Genderson was born in Washington, D.C. and grew up in Silver Spring, MD. He received his B.A., summa cum laude, from Duke University in 1974 and his J.D., magna cum laude, in 1977 from the University of Pennsylvania Law School. After clerking for Judge Irving L. Goldberg of the U.S. Court of Appeals for the Fifth Circuit, Mr. Genderson joined Williams & Connolly in 1978. Mr. Genderson currently serves as a member of Williams & Connolly’s Executive Committee.
Mr. Genderson was elected a Fellow of the American College of Trial Lawyers in 2009. For many years, he was an officer in charge of programming of the Inn of Court for the Federal Circuit. Mr. Genderson is listed in the 2010 and 2011 Editions of Washington DC’s Best Lawyers and in the 2011 and 2012 Editions of Best Lawyers in America under the categories of Bet-the-Company Litigation, Commercial Litigation and Intellectual Property Law. He is listed in the 2013 Edition of Best Lawyers in America under the same categories and under the category of patent litigation. He was recognized in IAM 1000, the World’s Leading Patent Practitioners 2012, which noted that clients “love IP leader Bruce Genderson for his strategic and tactical acumen, tenacity and ability to overcome any obstacles” and that he has “diverse experience [in] complex civil litigation.” Mr. Genderson was also named one of the top 10 life sciences litigators in the United States in the June 2012 issue of Managing Intellectual Property, and LMG Life Sciences 2012 states that “peers consider [Mr. Genderson] to be ‘one of the best patent litigators in the country.’ ”