Delphine Knight Brown

Partner

[email protected]

Phone: (646) 993-4458

Fax: 212-218-8761

If Delphine wasn't such a good lawyer, we wouldn't have become such great friends.

- Client

About

About

Delphine Knight Brown is a Partner in the firm's Litigation Practice Group, and a member of its Intellectual Property Practice Team. With over twenty years of trial experience, Delphine's practice focuses on complex intellectual property and technology cases, with extensive experience in the life sciences industry.

Delphine has served as lead counsel for several global pharmaceutical companies in Hatch-Waxman litigation and trials involving dozens of drug products, dosage forms and delivery systems. Delphine’s lead counsel expertise also includes  patent litigation involving biotech, medical device, computer hardware and software, design and business method patents, and counseling of established and emerging biotechnology companies regarding intellectual property, regulatory and litigation issues. Delphine has served as lead trial counsel in complex trademark and copyright infringement, misappropriation of trade secrets, and unfair competition cases.

Delphine believes that the key to being the best litigator and trial lawyer is always keeping her "eyes on the prize" which  she defines  with her clients as accomplishing both legal victory and strategic objectives to get the client back to running its business as quickly as possible.  A corporate client once remarked to Delphine's parents at her birthday party that "if Delphine wasn't such a good lawyer, we wouldn't have become such great friends."

Delphine has three decades of experience representing  both U.S. and foreign corporations in federal and state courts nationwide in pretrial proceedings, trials and appeals, and in arbitration proceedings. Delphine frequently publishes thought leadership and speaks on intellectual property issues.

Delphine received her bachelors degree from Princeton University and her J.D. from St. John's University School of Law. In her spare time, she serves on the boards of several private foundations, and the CT Selection Committee for the Princeton Prize in Race Relations, as well as a USA swimming official. Delphine also enjoys skiing, golf, tennis and classic wood boats.

Representative Matters

Representative Matters

  • Lead counsel in patent litigations, including Hatch-Waxman litigation  for several generic pharmaceutical manufacturers, handling notice letters, non-infringement and invalidity contentions, fact and expert discovery, preliminary injunction hearings, summary judgment motions, trials and appeals. In one case, certain patents were dismissed from the case on §101 grounds pursuant to Rule 12(c) motion. In another case, attorneys' fees were awarded under the exceptional case standard.

  • Lead litigation and trial counsel representing luxury goods manufacturers in connection with several patent, trademark and copyright cases.

  • Successfully defended a global pharmaceutical, medical device and healthcare company in arbitration of a $91 million claim involving breach of contract and tort allegations.

  • Lead counsel in patent infringement cases on behalf of a foreign computer hardware patentee against a major U.S. smartphone and electronic device manufacturer, and a major computer manufacturer.

  • Brought patent infringement and misappropriation of trade secrets case on behalf of inventors involving a portfolio of computer software, hardware and business method patents against major online shopping platforms.

  • Represented a medical device developer and manufacturer in patent infringement and misappropriation of trade secrets cases in the U.S., Europe and Japan against global medical device manufacturer. 

  • Advisor to life sciences companies on patent landscape, patentability, potential patent challenges, and IPRs, as well as regulatory hurdles, including the potential impact of FDA Citizen  Petitions.

  • Lead IP counsel in licensing matters; joint venture, collaboration, research and development, supply, manufacturing, and confidential disclosure agreements; and intellectual property due diligence for mergers and acquisitions.

Professional Activities

Professional Activities

  • American Intellectual Property Lawyers Association
  • New York Intellectual Property Lawyers Association, Patent Litigation Committee, Copyright Law Committee, and Women in IP Law Committee
  • American Bar Association, Intellectual Property Section and Litigation Sections
  • Federal Circuit Bar Association
  • New York City Bar Association, Women Partners' Roundtable
  • National Association of Women Lawyers, Women in Fashion Law Group

Speaking Engagements

  • “Managing Unconscious Bias to Increase Diversity and Promote Inclusion in Corporate and Law Firm Leadership,” NAWL Women in Fashion Law Group webinar, September 24, 2019.
  • “Global Perspectives: Exploring International Developments in Life Sciences,” ACI 6th Annual Women Leaders in Life Sciences Law and Compliance Conference, July 26, 2019. 
  • “Recent IP Cases and Developments,” Connecticut Bar Association CLE, April 17, 2019, commenting on the most significant legal developments in intellectual property in 2018. 
  • “Increasing the Diversity of Legal & Corporate Leadership,” roundtable discussion leader at  Centerforce Women, Diversity & Change Summit Boston, April 10, 2019. 
  • Guest lecturer in Antitrust Law course at Fordham University Law School on mergers in the life sciences industry, October 2018.
  • “Digital Health: Staying Ahead of the Future of Life Sciences,” ACI 5th Annual Women Leaders in Life Sciences Law Conference, July 26, 2018.
  • “Trump Administration: Keeping Ahead of the Changes,” ACI 4th Annual Women Leaders in Life Sciences Law Conference, July 19, 2017, commenting on the changes to regulatory agencies, including the USPTO and FDA, as well the DOJ's latest enforcement priorities.
  • “Developing Your Workstyle, Approach and Strengths,” Centerforce Women in IP & Law Summit - Silicon Valley, June 14, 2017.
  • “Copyright Enforcement 2017: From Web to Mobile & Beyond,” Centerforce 2nd Annual Trademark & Copyright Summit, March 16, 2017, commenting on the impact of recent case law on the copyright landscape and dealing with new distribution channels and strategies for engaging customers.
  • “What Women Leaders in Life Sciences Law Must Know About Crucial Intellectual Property Protection and Enforcement Strategies,” ACI 3rd Annual Women Leaders in Life Sciences Law Conference, July 28, 2016.
  •  “Trademark Enforcement Strategies,” Centerforce IP Strategy: Trademark & Copyright Summit, October 2015.
  • “The Old Girls’ Network: Exploring Which Women’s Initiatives are Working to Create and Sustain a Robust Life Sciences Network,” ACI 2nd Annual Women Leaders in Life Sciences Law Conference, July 23, 2015.
  • “Exploring Possible New Grounds for Paragraph IV Invalidity Challenges: How 101 Rejections Under Myriad and Findings of 112 Indefiniteness Under Nautilus May Alter Paragraph IV Litigation,” ACI 9th Annual Paragraph IV Disputes Conference, April 27, 2015.
  • “Operating in the Post-Bartlett Landscape in Light of New Decisions and FDA Rulemaking” and “Comprehending How Mergers and Acquisition Activity and Collaborative Partnerships are Impacting and Changing the Dynamics of the Generic Pharmaceutical Industry,” ACI 2nd Annual Legal and Regulatory Summit on Generic Drugs, July 24-25, 2014.

Perspectives

Media

Media

Publications

  • Author, "Will TRIPS Waiver of IP Protection for COVID-19 Vaccines Serve Global Need?" Powerhouse Points - A Quarterly Litigation Update, Summer 2021
  • “Lucky Brand Arguments: SCOTUS Likely to Reverse Second Circuit claim Preclusion Rule,” IP Watchdog, January 14, 2020.
  • “Trademark Owners in the World of GDPR,” ABA, Section of Litigation, Pretrial Practice & Discovery, Summer 2019, Vol. 27 No. 4.
  • “Attorneys React to High Court’s Bankruptcy Contract Rejection Ruling,” Westlaw Journal Intellectual Property, August 14, 2019.
  • “Axinn’s Delphine Knight Brown Offers Perspective on Arguments in ‘Mission Product Holdings v. Tempnology,’” Wolters Kluwer IP Law Daily, February 21, 2019.
  • “Inequitable Conduct Twenty-Two Years After Kingsdown: The Material-Intent Balancing Framework Remains Unsettled,” Commercial and Business Litigation Committee Newsletter, August 2010.
  • “Winning the Battle but Losing the War: Does Ease in Obtaining Declaratory Judgment Jurisdiction After Hewlett-Packard Company v. Acceleron, LLC Benefit Anyone?” The Metropolitan Corporate Counsel, February 2010.