Shalu Maheshwari is a Partner in the Firm’s Litigation, Intellectual Property, Patent, and Technology and IP Transactions Practices. His practice focuses on complex litigation in the intellectual property space across almost all technologies, including biotechnology, fintech, blockchain/smart contracts, software, mobile applications, pharmaceuticals, and medical devices. His technical background and scientific training allow him to understand these technologies and impart reasoned advice. He also provides strategic counseling and guidance to clients ranging from start-ups to Fortune 50 companies.

Mr. Maheshwari has litigated across the country at all levels including District Courts, the Federal Court of Claims, the International Trade Commission (“ITC”), the PTAB, the U.S. Court of Appeals for the Federal Circuit, and has also had a case heard by the U.S. Supreme Court. Mr. Maheshwari has particular expertise in “Section 337” cases at the ITC, having been involved in over 20 matters relating to patent, trademark, and trade secret disputes on behalf of both complainants, respondents, and third parties. He has successfully obtained general and limited exclusion orders on behalf of his clients and assisted in providing advisory opinions for clients seeking to import after exclusion orders. Mr. Maheshwari has been involved in nearly 100 intellectual property disputes.

Mr. Maheshwari also is very active in licensing and monetizing IP on behalf of clients. He has asserted large and cutting-edge patent portfolios for clients, resulting in significant licensing revenues, settlements, cross-licenses, and other business solutions. Mr. Maheshwari has drafted and negotiated a significant number of IP licenses for clients and conducted due diligence on patent portfolios for sales and acquisitions.

As part of his counseling practice, Mr. Maheshwari guides clients of all sizes on various legal issues that arise. He has drafted and negotiated numerous complex commercial agreements including SaaS, MSAs, NDAs, standstill, material transfer, and settlement agreements. He has also assisted with data privacy and compliance matters and policies for these clients, as well as other related corporate matters.

Representative Experience

  • Pharmathen, S.A. v. Lachman Consultant Services, Inc. (1:17-cv-09127)
    S.D.N.Y. – Represented plaintiff, Pharmathen, a Greek pharmaceutical company, in breach of contract action against defendant for failure to meet FDA required filing deadline for Abbreviated New Drug Application to challenge innovator drug, potentially costing the company millions in damages. Settled case on eve of summary judgment filings with significant confidential payment to Pharmathen. Also represented Pharmathen in concurrent patent infringement action in District Court for challenged pharmaceutical compound, DMF, for treatment of multiple sclerosis.
  • In the Matter of Certain Electrochemical Glucose Monitoring Systems and Components Thereof (337-TA-1075) – Represented Complainant, a medical device maker, in the assertion of multiple patents related to glucose monitoring systems.
  • In the Matter of Certain Activity Tracking Devices (337-TA-963) – Represented manufacturer respondent Flextronics USA, Inc. in ITC action alleging infringement of 6 patents and countless trade secrets. Case went through trial and appeal to the Commission, with Flextronics and co-respondent, Fitbit Inc., prevailing on all counts at each level. Appeal to the Federal Circuit was dropped by Jawbone.
  • In the Matter of Certain Resealable Packages with Slider Devices (337-TA-962) – Represented both accused respondents Inteplast Corp. and MiniGrip, LLC against multi-patent infringement allegations at the ITC brought by the Reynolds Group. Prevailed at trial and appeal to the Commission and obtained ruling of no infringement. Also prevailed at U.S. Court of Appeals for the Federal Circuit in appeal by Reynolds with Federal Circuit affirming Commission ruling.
  • FastShip LLC v. United States (No. 12-484C) – Represented plaintiff, FastShip LLC, in its allegations of patent infringement against the United States Government for the use of the FastShip patented designs for the design of hulls used in warships. Prevailed on behalf of FastShip at trial and won award of significant damages. Also prevailed in the appeal to the U.S. Court of Appeals for the Federal Circuit by the Government which affirmed the Court of Claims infringement and damages award.

Publications and Speeches

  • Presenter, World Intellectual Property Forum, Developments at the USITC (New Delhi, India 2016)
  • Presenter, World Intellectual Property Forum, Legislative Issues in US Patent Law (Bangkok, Thailand 2017)

Civic Involvement

  • South Asian Bar Association – mentoring program

Memberships and Affiliations

  • South Asian Bar Association - Member
  • Fordham Law School – DC Alumni Chapter
  • University of Maryland – Maryland Industrial Partnerships (MIPS)

News, Events & Insights

Education

Fordham University School of Law, J.D., 2001

University of Maryland, College Park, B.S., 1997

Previous Experience

  • Dentons US LLP, Partner
  • Greenberg Traurig LLP, Partner

Admissions

  • District of Columbia
  • New York
  • New Jersey
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the District of Columbia
  • U.S. District Court for the District of New Jersey
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of Texas

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