FacultyFaculty/Author Profile

Katherine G. Minarik

Bartlit Beck Herman Palenchar & Scott

Chicago, IL, USA


PROFESSIONAL PRACTICE

Bartlit Beck Herman Palenchar & Scott LLP, 2007 - Present, Partner

Adjunct Professor, Northwestern University School of Law, 2011, 2012

Arthur Littleton and H. Clayton Louderback Legal Writing Instructor, 2005-2006, University of Pennsylvania Law School

National Women's Political Caucus, 2002-2003, Political Director

McKinsey& Company, New York, 1999-2001, Consultant


Specialized in post-merger management, pharmaceutical industry research and development strategy, and financial services industry consumer products strategy

INTELLECTUAL PROPERTYCASES

Bayer HealthCare LLC v. Pfizer Inc.
(U.S. District Court for the Northern District of Illinois)
Trial counsel for Bayer in a patent infringement action Bayer brought for damages and injunctive relief in connection with Pfizer’s animal health product, Advocin, a fluoroquinolone treatment for bovine respiratory disease. Managed case through fact and expert discovery, including all motion practice. Argued and defeated Pfizer summary judgment motion on indefiniteness. Case pending.

Merck & Cie v.Watson Labs
(U.S. District Court for the District of Delaware)
Trial counsel for Merck & Cie and its exclusive licensee Bayer in Hatch-Waxman litigation against challenger seeking to market a generic version of the oral contraceptive Beyaz®. Successfully obtained dismissal of case on plaintiffs' motion.
 
Schindler Elevator Corp. v. Otis Elevator Corp. (U.S. District Court for the District of New Jersey)
Trial counsel for Otis in patent infringement suit relating to the destination dispatching systems used in high-rise
elevators. Managed case through multiple years of fact discovery, including motion practice. Case pending second
Markman hearing.

Inventio AG and Schindler Elevator Corp. v. Otis Elevator Corp. (U.S. District Court for the Southern District of New York; U.S. Court of Appeals for the Federal Circuit)
Trial and appellate counsel for Otis in patent infringement suit relating to destination dispatching systems used in highrise elevators. Successfully obtained judgment of no damages for Otis following finding of infringement. Authored successful argument on appeal to Federal Circuit that Inventio patent was invalid.

Bayer HealthCare LLC v. Abbott Laboratories, et al. (U.S. District Court for the District of Massachusetts)
Trial counsel for Bayer in a patent infringement action Bayer brought for damages in connection with Abbott’s flagship drug Humira®, a TNF-alpha antibody, through Markman hearing. Case settled favorably thereafter.

Bayer HealthCare LLC v. Centocor Ortho Biotech (U.S. District Court for the District of Massachusetts)
Trial counsel for Bayer in a patent infringement action Bayer brought for damages in connection with Centocor’s TNF-alpha antibody through Markman hearing. Case settled favorably thereafter.

Bayer Schering Pharma et al. v. Barr Laboratories (U.S. District Court for the District of New Jersey; U.S. Court of
Appeals for the Federal Circuit)
Trial and appellate counsel for Bayer Schering in Hatch-Waxman litigation against challenger seeking to market generic version of leading oral contraceptive Yasmin®. Bench trial held November-December 2007. Ruling in favor of Barr at trial level. Federal Circuit affirmed in 2-1 panel decision.

FINANCIAL INDUSTRYCASES

DK Acquisition Partners, L.P., et al. v. J.P. Morgan Chase & Co., et al.
Represented holders of more than $1 billion in Enron bank debt in their action against J.P. Morgan Chase & Co., Citigroup and affiliates, alleging fraud and other wrongdoing based on defendants’ knowledge of and participation in scheme to conceal Enron’s true financial condition. Case settled.

Amaranth LLC v. J.P. Morgan Chase & Co. (Supreme Court of the State of New York, County of New York)
Represented hedge fund and trading advisor in their action for breach of contract and tortious interference with prospective economic advantage against investment bank, commercial bank, and futures commission merchant.

OTHER REPRESENTATIVE CASES

Express Scripts v.Walgreen Co. (U.S. District for the Northern District of Illinois; Confidential Arbitration)
Arbitration counsel for Walgreens after Express Scripts sought a preliminary injunction action to shut down Walgreens’ “I choose Walgreens” communications campaign. Walgreens successfullymoved to compel arbitration, and the case was transferred from federal court to an AAAarbitration. After a two day evidentiary hearing on the preliminary injunction motions, the arbitrator issued a ruling denying both parties’ requests for preliminary injunctive relief. Walgreens continued its “I choose Walgreens” campaign. Prior to the full hearing on the merits, the parties agreed to dismiss their respective claims.

Nicor Gas v. DiPaolo Co. (Circuit Court of Cook County, Illinois)
Lead trial counsel representing public utility gas company (Nicor Gas) in commercial litigation with roadwork contractor involving damage to gas lines. Judge ordered directed verdict for Nicor on liability. Jury awarded Nicor 100 percent of its claimed damages.

Wachter v. Kim (Supreme Court of the State of New York, County of New York)
Trial counsel for Karl Wachter in employment-related litigation against Dow Kim, founder of the investment firm Diamond Lake. Trial court dismissed claims and Mr.Wachter appealed to the New York Appellate Division, First Department. The Appellate Division granted Mr.Wachter’s appeal, reinstating his claims against Mr. Kim for breach of contract and unpaid wages under the New York Labor Law.

Charter Communications, Inc. v. Irell & Manella, LLP (U.S. District Court for the Central District of California)
Arbitration counsel for plaintiff Charter Communications in $150 million legal malpractice action arising out of negligent documentation of substantial corporate acquisition. Confidential settlement reached.

Cathey v. Ghosh, et al. (U.S. District Court for the Northern District of Illinois)
Counsel for inmate pro bono in mistreatment and product liability case. Confidential settlement reached.

Flores v. A Taste of Heaven (Chicago Commission on Human Relations; Cook County Circuit Court; Illinois Appellate Court)
Lead counsel for plaintiff in pro bono employment discrimination case. Damages, including punitive damages, awarded to plaintiff. Judgment affirmed by Cook County Circuit Court on writ of certiorari and by Illinois appellate court.

ACKNOWLEDGEMENTS, PRESENTATIONS, AND PUBLICATIONS

Katherine G. Minarik,Word Games: Language, Intent, and Gender Discrimination Law Under the New Court, 1 Harv. L. & Pol’yRev. 267 (2007)

Faculty, PLI Patent Litigation 2013

David L. Applegate, Mark L. Levine, Katherine G. Minarik, and Paul Ripp, Direct and Cross-Examination of a Technology Expert in Patent Litigation, PLI Patent Litigation 2012 (Oct. 2012)

David L. Applegate, Mark L. Levine, Katherine G. Minarik, Direct and Cross-Examination of a Patent Damages Expert, PLI Patent Litigation 2011 (Oct. 2011)

Drafting and Understanding Settlement Agreements, BBHPS Continuing Legal Education (June 2011)

Presentation on Legislation and Constitutional Change, American Democracy Institute Conference, Philadelphia (2006)

Presentation on Women’s Health Policy, Association of Reproductive Health Professionals, National Conference (2003)

EDUCATION & HONORS

University of Pennsylvania Law School, 2006, J.D., magna cum laude
  • Order of the Coif
  • Senior Editor, University of Pennsylvania
  • Law Review
  • National Moot Court Team
  • Public Interest Scholar
  • HenryMeacham Award (2006)
  • Philadelphia Bar Association Law
  • Student Pro Bono Award (2006)
London School of Economics and Political Science, 1999, M.Sc., Social Psychology
  • Thouron Scholar
University of Pennsylvania, 1998, B.A., summa cum laude, departmental honors
  • Phi Beta Kappa

GOVERNMENT SERVICE

Judicial Law Clerk, Honorable Diane P. Wood, U.S. Court of Appeals for the Seventh Circuit, 2006-2007

BAR ADMISSIONS

  • Illinois
  • U.S. District Court for the Northern District of Illinois
  • U.S. Court of Appeals for the Federal Circuit

PROFESSIONAL ACTIVITIES AND COMMUNITY SERVICE

  • The Impact Center,Women's Leadership Fellow, 2012
  • American Constitution Society, Chicago Lawyers Chapter, Board of Directors, 2007- present
  • Chicago Red Stars Charitable Foundation, Board of Directors, 2010-2011
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