Barbara L. Mullin has been litigating cases in federal courts and before arbitration panels for more than 20 years. Her cases have involved diverse technological fields such as recombinant antibodies, medical devices and methods, pharmaceuticals and semiconductor wafer processing.
Practice & Background
Ms. Mullin is routinely responsible for developing strategic litigation positions as well as the trial examination of expert witnesses in high profile cases.
In the biologics area, Ms. Mullin was responsible for the direct and cross examination of technical experts as part of a trial team that won a jury verdict for client Janssen Biotech Inc. in a patent infringement suit brought by Abbott GMBH & Co. In that case, the jury returned a verdict that claims in two patents asserted against Janssen’s antibody drug product, Stelara®, were invalid. Ms. Mullin was also responsible for the direct and cross examination of technical experts as part of a trial team that won a $1.67 billion jury verdict in the Eastern District of Texas for clients Centocor Ortho Biotech, Inc. and New York University. This patent infringement suit was against Abbott Laboratories’ flagship product, Humira®. The jury returned a verdict that the patent-in-suit was willfully infringed and not invalid. The $1.67 billion verdict was reported by Bloomberg to be the largest patent jury verdict in U.S. history.
In the medical devices area, Ms. Mullin was responsible for the direct and cross examination of technical experts in a case brought by Tyco Healthcare Group LP against Ethicon Endo-Surgery, Inc. concerning ultrasonic surgical instruments. This case followed an earlier suit where Ms. Mullin successfully argued an appeal to the Federal Circuit on a threshold issue that substantially benefitted her client in this second trial.
Ms. Mullin also has substantial experience in evaluating ANDA issues and led a team of attorneys in defending against claims in multiple ANDA litigations where she is representing her client’s interests in defending against these claims.
Ms. Mullin is also a guest lecturer in Patent Litigation at the University of Pennsylvania School of Law and the Temple University Beasley School of Law.
Ms. Mullin received her J.D. cum laude in 1991 from Villanova University School of Law and served on Law Review.
Ms. Mullin supports several pro bono activities, including the Support Center for Child Advocates and the Equal Access to Justice Campaign of the Philadelphia Bar Foundation.
Ms. Mullin’s other representations include:
- successfully defending an established toy manufacturer in a patent infringement suit by Larami Limited alleging infringement of two SuperSoaker® patents
- serving as one of the principal attorneys in a Northern District of California jury trial, successfully representing a large computer-chip manufacturing equipment company asserting its process and apparatus patents. The case settled after trial, with Ms. Mullin’s client receiving more than $70 million in past damages and ongoing royalties
- obtaining a preliminary injunction followed by a favorable decision at trial and an award of attorneys’ fees on behalf of the plaintiff in LifeScan Inc. v. Polymer Technology International
- serving as one of the principal attorneys in obtaining a favorable arbitration ruling on the merits and an award of attorneys’ fees and costs on behalf of the plaintiff in LifeScan v. Diagnostic Solutions, Inc.
Awards & Accolades
- Recognized as among the top 5 percent of attorneys in Pennsylvania based on a survey of her peers and a blue ribbon panel review
- Honored by being selected and admitted as a fellow in the Litigation Counsel of America, a trial honorary society for litigation and trial counsel across all segments of the bar
- Recognized by Managing Intellectual Property as an "IP Star," and one of the top 250 women in IP
- Recognized by The Best Lawyers in America as a leading practitioner in the area of patent litigation
- Recognized by The Who’s Who Legal 100 2014
- Recognized by Chambers USA 2017
- Recognized by Pennsylvania “Super Lawyer.”
- Hot Topics in Patent Law, Delaware Valley Chapter of the Association of Corporate Counsel, July 8, 2014
- Ethical Considerations in Reissue, Ex Parte and Inter Partes Reexamination Proceedings, Practicing Law Institute’s Post-Grant USPTO Proceedings 2012 - The New Patent Litigation, February 17, 2012
- Formulating Patent Litigation Strategies to Prevail in the Face of Evolving Case Law, American Conference Institute’s Advanced Forum on Biotech Patents, December 2010
- A View from the Bench: Concurrent PTO Proceedings, Practicing Law Institute’s Reissue and Reexamination Strategies and Tactics with Concurrent Litigation
- Ethical Considerations of Reissue, Ex Parte and Inter Partes Reexamination Proceedings, Practicing Law Institute’s Reissue and Reexamination Strategies and Tactics with Concurrent Litigation.