Multidisciplinary technical knowledge
Before law school, Kendall studied chemical engineering at Colorado State University where she completed training in the chemical and mechanical arts, as well as additional study in the biochemistry and microbiology used in industrial scale bioprocessing. During her time at CSU, Kendall worked with a team to design and subsequently patent a device for communicating auditory information to deaf or hearing impaired users. Kendall’s work focused on designing and building an array of microfluidic electrochemical cells which allowed localized, instantaneous, and digitally programmable pH control and chemical production. The design work involved a synthesis of knowledge and techniques in the areas of electrochemistry, programming, laser processing, and circuitry as well as an understanding of biological constraints. This diverse training and practical experience has provided Kendall with the tools to understand and analyze developments and inventions in a variety of areas of art.
Diverse IP perspectives
During law school Kendall gained a unique perspective on the patent acquisition process while working for a patent search and consulting firm. Kendall’s primary work was to generate ISRs and written opinions for PCT applications filed with the USPTO. During this time, Kendall gained familiarity with patent searching and identifying relevant prior art with an eye towards making anticipation and obviousness rejections. Kendall’s prior experiences in the roles of both inventor and patent searcher have given her valuable insight applicable in both prior art searching and patent prosecution work.
Kendall has experience providing research, writing, and support work for both litigation in the federal courts and patent challenges before the PTAB. Specifically, she has been involved in litigation support for several pharmaceutical cases and has drafted complaints and motions for trademark and unfair competition cases in federal court, as well as providing research and support for several IPR challenges at the USPTO.
Post-Grant Proceedings (IPR, PGR...)
Due Diligence, Mergers and Acquisitions
Trademark and Trade Dress Procurement
2017, New Jersey
2018, United States Patent & Trademark Office
J.D., The George Washington University Law School, 2017
B.S., Chemical and Biological Engineering, Colorado State University, 2014
With only a few hours until a scheduled hearing before the Patent Trial and Appeal Board, Lerner David client Amneal Pharmaceuticals LLC reached a settlement with Alkermes whereby both parties agreed to seek termination. Alkermes granted Amneal a license allowing it to market a generic version of VIVITROL® (naltrexone for extended release injectable suspension) in the U.S. beginning in 2028 or earlier under some circumstances in exchange for Amneal agreeing to drop its challenge to U.S. Patent No. 7,919,499 (“the ’499 Patent”), an Orange Book-listed patent for VIVITROL®. The ’499 Patent does not expire until 2029. While the terms of the settlement are confidential, in an analysis by Nasdaq.com, Alkermes’ management was said to have “noted that Vivitrol is a complicated drug to both make and sell, so even if the company loses the patent hearing, it may be hard for makers of generics to enter the market.” You can draw your own conclusions as to Alkermes’ level of confidence in the ‘499 Patent. The case is Amneal Pharmaceuticals LLC v. Alkermes Pharma Ireland Limited, Case No. IPR20198-00943.