Bradley C. Graveline

Brad Graveline is a partner in the Intellectual Property and Litigation Practice Groups in the firm's Chicago office.

Areas of Practice

Brad has more than 25 years of experience litigating patent infringement cases, trademark disputes, cases involving theft of trade secrets and other commercial matters. His patent infringement experience involves technologies that include pharmaceuticals, biologics, medical devices, nutrition supplements, security screening systems, software and wireless communications.

Brad led the trial team that secured a key patent victory for SecurityPoint, the company that invented the system of recycling trays through security screening checkpoints by use of movable carts that TSA uses in commercial airports throughout the U.S. After an eight-day trial, the U.S. Court of Federal Claims concluded that SecurityPoint’s patent was valid and infringed by TSA. The court held that the government failed to prove that any of the asserted claims would have been obvious, the testimony of the government’s key expert “smack[ed] of hindsight” and “the balance of the evidence regarding the objective indicia of non-obviousness weigh[ed] strongly in favor of” SecurityPoint.

Brad is experienced in Hatch-Waxman litigation and has represented pharmaceutical companies in more than 25 Abbreviated New Drug Application (ANDA) cases. He frequently represents highly visible clients in high-stakes ANDA cases and has served as lead trial and appeal counsel in numerous cases.

In addition to intellectual property litigation experience, Brad works on a wide array of other commercial cases in the areas of professional responsibility, breach of contract, product liability, securities, antitrust and class action defense. He is lead editor of the book, Illinois Contract Litigation (LexisNexis 2020) .

Brad also manages a trademark prosecution team that handles the global protection and enforcement of trademark portfolios, and he counsels clients in the strategy and procurement of trademark rights. He is a qualified mediator in the Northern District of Illinois Lanham Act Mediation Program.

Brad's clients have included Alembic Pharmaceuticals; Abon Pharmaceuticals; Incepta Pharmaceuticals; Barr Laboratories; Teva Pharmaceuticals; Symbiotec Pharmalab; Sun Pharmaceuticals; Macleods Pharmaceuticals; SillaJen; Essentra; Chemo Group; Everett Laboratories; Stryker; Abbott Laboratories; Moffat & Co.; HD Buttercup; SecurityPoint Holdings, Inc.; HTC; MacLean Power Systems; Morningstar; Nuveen; and General Electric Co.

Honors

Illinois Super Lawyer, Super Lawyers, 2018-2020

Insights

Articles

•Suing for Patent Infringement if the Government Takes Your Intellectual Property During the COVID-19 Pandemic
IPWatchdog, 04.24.2020
•Defending Against Nonperformance Of Life Science Contracts
Law360, 04.21.2020

Books

•Editor, Illinois Contract Litigation, 2015 edition

FDA Law Update Blog Posts

• Proposed New FDA Labeling Rules Would Result in Increased Generic Drug Product Liability Claims, October 14, 2016

Intellectual Property Law Blog Posts

• Supreme Court Holds that a Copyright Claimant May Commence an Infringement Suit Only After the Copyright Office Registers the Copyright, March 7, 2019
• Suing The United States Government For Patent Infringement And Defending Against A Claim Of Obviousness, January 25, 2017
• Proposed 'Patent Agent Privilege' Promises Protection For Patent Practitioners And Clients, November 23, 2016
• FTC v. Actavis: What Does It Mean for Reverse-Payment Settlements? June 24, 2013

Presentations

• Establishing Personal and General Jurisdiction in a Paragraph IV Case in the Aftermath of Daimler and Mylan, September 30, 2015
• Recent Developments in U.S. and European Trademark Law, Sheppard Mullin and the US-India Business Council Present: A Program on Timely Topics Facing Indian Lawyers and Chief Legal Officers, Mumbai, December 1, 2016

Media Mentions

•Pharma Co. Wants Sex Drug Marketing Case Axed
Law360, 10.19.2018
•TSA Loses Patent Suit Over Airport Security Trays
Law360, 10.31.2016
•DC Circuit Awards Attorneys’ Fees to SecurityPoint for Illegal and Improper Unilateral Decisions by the Transportation Security Administration
Metropolitan Corporate Counsel, 09.08.2016

Speaking Engagements

•Presenter, Seventh Annual Paragraph IV Master Symposium, American Conference Institute, Chicago, Illinois, October 3-4, 2019
• Risky Business: Examining New Guidance for Calculating Damages in the Aftermath of an At-Risk Launch, American Conference Institute, New York, April 25, 2016
• Establishing Personal and General Jurisdiction in a Paragraph IV Case in the Aftermath of Daimler and Mylan, American Conference Institute, Chicago, Illinois, September 30, 2015
• The Advanced Forum for Brand Name and Generic Counsel on the Intricacies of Extreme Hatch-Waxman Litigation, American Conference Institute, Chicago, Illinois, October 1, 2014
• The Drug Approval Process in the U.S., Sheppard Mullin conference on Overview of U.S. Drug Application and Patent Litigation Process: What Korean Companies Need to Know to Enter into the U.S. Market, Seoul, Korea, April 9, 2014