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Glen P. Belvis
Chicago
312.321.4239
312.321.4299 (fax)


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PRACTICE/INDUSTRY GROUPS
Appellate
Biotechnology & Pharmaceutical
Chemical
Copyright
Electrical & Computer
Intellectual Asset Management
Interference
International Patent
International Trade Commission (ITC)
Licensing
Litigation
Mechanical
Nanotechnology
Patent Prosecution
Green Technology Group

EDUCATION
Classes in EC law and legal aspects of European integration, University of Amsterdam, 1990

J.D., DePaul University College of Law, 1985

B.S., Chemistry, University of Notre Dame, 1980

ADMISSIONS
Illinois Supreme Court
U.S. Court of Appeals, Fed. Circuit
U.S. Dist. Court, N.D. Illinois, Member, Trial Bar
U.S. Dist. Court, W.D. Michigan
U.S. Patent & Trademark Office
Supreme Court of the United States

CLERKSHIPS/INTERNSHIPS
United States Court of Appeals for the Seventh Circuit, Chicago, Illinois
Judicial Extern to the Honorable William J. Bauer, January-May 1984


PRACTICE SUMMARY

Glen P. Belvis has over twenty five years of experience in all facets of intellectual property law. His practice focuses on patent litigation, the development of IP strategies, and IP due diligence in venture capital settings. He has served as lead counsel in ANDA litigations, other patent and trade secret bench and jury trials, and ITC proceedings. He has also participated in several multi-national litigations involving related patent lawsuits in the U.K., Europe, Asia, Canada, and the United States.

Mr. Belvis is a Master in the Richard Linn Inn of Court, is the Chairperson of the DePaul Law School IP Advisory Board, and is a Fellow in the Congress of Fellows for the Center for International Legal Studies. He has testified as an expert witness on patent and trade secret matters in U.S. and foreign litigations. He has lectured on patent related matters at Oxford University, the University of Illinois, Peking University, and the University of British Columbia. He has been repeatedly recognized as an Illinois Super Lawyer and as a Leading Intellectual Property Lawyer by the Leading Lawyers Network. He is the former editor of Aspen's Annual IP Update and Clark Boardman's Licensing Law and Business Report.

Mr. Belvis obtained a B.S. Degree in Chemistry from the University of Notre Dame in 1980 and a J.D. from DePaul University College of Law in 1985. While at DePaul, Mr. Belvis served as an editor of the law review and received the West Publishing Company Hornbook Award, which is presented to the student having the highest academic average in class. Mr. Belvis also served as an extern for the Honorable William J. Bauer, United States Court of Appeals for the Seventh Circuit.

Mr. Belvis is the current Chair of the Antitrust Committee for the Intellectual Property Law Association of Chicago. He is a member of the American Bar Association and the American Intellectual Property Law Association. He has also served as volunteer attorney for the Office of the Public Guardian handling civil rights and child abuse issues.

HONORS/DISTINCTIONS

The Best Lawyers in America, 2010

Illinois Super Lawyers, Intellectual Property Litigation, 2005-2009

Leading Intellectual Property Lawyer, Leading Lawyers Network, Law Bulletin Publishing Company, 2004-2009

Editor, DePaul Law Review, DePaul University College of Law

DePaul University College of Law, West Publishing Company Hornbook Award (highest academic average in class)

DePaul University College of Law, Am Jur Awards in Contracts and Criminal Procedure

DePaul University College of Law, BNA Law Week Award

REPRESENTATIVE MATTERS

Wyeth v. Sandoz (E.D. North Carolina, 2007-Present), Mr. Belvis is part of a team representing Sandoz in a litigation involving patents relating to extended-release coating formulations. Sandoz filed an ANDA seeking approval to market a generic extended-release venlafaxine hydrochloride product. Shortly thereafter, Wyeth filed suit alleging that Sandoz's ANDA filing infringes three Wyeth patents that allegedly cover an extended-release formulation of venlafaxine hydrochloride. The case is currently pending.

Aventis v. Sandoz (C.D. California, 2007-Present ), Mr. Belvis is lead counsel in a Paragraph IV ANDA litigation involving an injectable form of generic enoxaparin. The case is currently pending.

Abbott Laboratories v. Church & Dwight (N.D. Illinois, 2007-Present), Mr. Belvis is part of a team representing Church & Dwight in litigation relating to pregnancy testing. The case is currently pending.

Alliance v. Altivity (W.D. Washington, 2007-Present), Mr. Belvis is lead counsel in a patent and trade secret case relating to containers for packaging cat litter. The case is currently pending.

Aventis v. Sandoz (C.D. California, 2006-Present), Mr. Belvis is lead counsel representing Sandoz in a Paragraph IV ANDA patent infringement suit involving a generic form of enoxaparin. The case is currently pending.

Aventis v. Sandoz (Dist. New Jersey, 2006-Present), Mr. Belvis is lead counsel represent Sandoz in a Paragraph VI patent litigation brought by Aventis against Sandoz involving a generic form of enoxaparin. This action is a parallel litigation to the California Aventis suit and is currently still pending.

Flexsys v. Kumho Tire (N.D. Ohio, 2005-Present), Mr. Belvis is part of a team representing Flexsys in an infringement action asserting Flexsys’ patents against Kumho Tire and other defendants. The patents relate to rubber antioxidants known as 4-ADPA and 6-PPD. The case is currently pending.

In Certain Rubber Antidegradants, Components Thereof, and Products Containing Same, (ITC 2005-present). Mr. Belvis is part of a team litigating an International Trade Commission (ITC) proceeding in which he represents the patent owner, Flexsys America, regarding patents that relate to rubber antioxidants known as 4-ADPA and 6-PPD. Mr. Belvis tried the infringement issues at the ITC including taking and defending experts. The case was successfully resolved with a finding of infringement after a trial and review by the Commission.

Illinois Tool Works v. Independent Ink (U.S. Sup. Ct. 2005). Of Counsel, Brief Amicus Curiae of the Intellectual Property Law Association of Chicago in Support of Petitioners.

Aventis v. Dabur, (Central Intellectual Property and International Trade Court, Thailand 2005). Mr. Belvis was called upon by Aventis to testify as an expert witness in a patent litigation pending in Thailand that involved methods of making Paclitaxel Trihydrate and Docetaxel Trihydrate. Mr. Belvis testified regarding the doctrine of equivalents, the distinctions between patentability and infringement, as well as other aspects of U.S. patent law as it related to pharmaceutical practices. The Court has rendered a favorable decision for Aventis.

SDS v. Haarman (Effingham County Circuit Court 2004-Present). Mr. Belvis was lead counsel, representing SDS in a trade secret misappropriation case relating to computer networking systems. Mr. Belvis successfully tried this case in May 2006 with the Court finding for his client and awarding his client more than $750,000 in actual damages, punitive damages and attorneys fees.

Rubin v. Wiley, (PTO Interference 2004). Mr. Belvis was added to the interference teams for the purpose of preparing and defending fact and expert depositions in a matter relating to a cytokine designated TRAIL.

Wolf v. Lieden,(PTO Inteference 2004). Mr. Belvis was added to the team to handle complex licensing issues regarding field of use restrictions in multiple license agreements for patents and applications relating to the angiogenetic factors known as VEGF, HGF and PGF. These issues arose in the context of the settlement of the interference. This interference has been settled.

Rockwell Automation, Inc. et al. v. Schneider Automation Inc. et al.,(E.D. Wisc. 2002-Present). Mr. Belvis is lead trial counsel defending Schneider Automation against patent antitrust claims. The suit involves technology relating to network communications between factory automation controllers and spreadsheet software applications.

Schneider Automation Inc., et al. v. Opto 22, (C. D. Calif. 2001-2003). Mr. Belvis was a lead counsel representing Schneider Automation in a patent infringement action against Opto 22. The technology at issue related to software, industrial automation and the use of Internet-based factory control. The terms of the license and settlement resolving this litigation are confidential.

Engate v. Esquire Depositions Services, et al., (N.D. Ill. 2001-2002). Mr. Belvis was on a team of lawyers that defended Spherion against Engate’s charges that real time court reporting services infringed Engate’s patent. Spherion settled out of this litigation on favorable terms.

GlobalView Software, Inc. v. divine/Whittman-Hart, Inc, (Cir. Ct. of Cook Co. Ill. 2001-2002). Mr. Belvis was lead intellectual property counsel representing GlobalView in a trade secret and breach of contract action brought by GlobalView against divine. The technology at issue related to computer software and Internet applications of that software for the trading of commodities. The litigation involved a temporary restraining order hearing and was successfully resolved for GlobalView.

John Krzak v. United States Department of Justice, (N.D. Ill. 2000). Mr. Belvis was appointed by Judge Aspen to represent John Krzak in a habeus corpus proceeding seeking Mr. Krzak’s release from INS custody. Mr. Krzak was being held in indefinite detention, which amounted to a potential life sentence. The case was successfully resolved with Mr. Krzak being released from custody.

Crown Cork & Seal v. Continental PET, (Dist. of Delaware 1999-2004). Mr. Belvis was part of a team representing Continental in the defense of an infringement action brought by Crown. The technology at issue relates to polyethylene terephthalate (PET), nylons and their interaction with transition metals to form plastic bottles used for packaging oxygen sensitive products, such as beer. A key issue that the team of Brinks lawyers and scientific advisors addressed was the evaluation of complex prior art to develop a strong invalidity position. Through the development of this invalidity position, we were able to create a strong negotiating position which contributed to the successful settlement of this matter.

Nabel, et al. v. Finkel, et al., (PTO Interference 1998-2002).Mr. Belvis was part of a team representing the University of Michigan, the assignee of the Nabel patent application at issue in the interference. The technology at issue relates to treatments for restenosis and the inhibition of vascular smooth muscle cell proliferation through the application of genetically engineered vectors, such as adenoviral vectors and liposomes. The interference has been resolved.

Autonomous Technologies Corporation v. PPP et. al, (Dist. of Delaware 1996-1999). Mr. Belvis was part of the team that is representing Autonomous Technologies in a suit seeking a declaratory judgment that the defendants’ patents are invalid, unenforceable and not infringed. In addition to the U.S. action, there was a U.K. litigation on the foreign equivalent to the U.S. patent at issue. The case involves systems and surgical procedures for laser vision correction of the eye, such as using an excimer laser to perform a photo retroactive kerotectomy. The case also involved the very complex issues relating to patent cross licensing and patent pooling agreements. In this context, Mr. Belvis worked with the FTC and corresponded with staff members of Senate committees. Mr. Belvis had extensive involvement in the U.K. litigation and the negotiation and drafting of the license that resolved that litigation. The U.S. case has been successfully resolved through a merger of ATC.

Ferag v. Grapha, (Dist. of Columbia, Fed. Cir. 1996-1997). Mr. Belvis was part of an eight-member team that represented Ferag and participated in all aspects of the trial and appeal of this case. The case involved U.S. and foreign litigations over a rotary gatherer sticker, which is a large piece of bindery equipment used to assemble magazines. Mr. Belvis was responsible for taking all depositions in the case, preparing and presenting Ferag’s technical expert witnesses at trial and cross-examining Grapha’s technical expert and fact witnesses at trial. The case was tried in a two-week bench trial before Judge Oberdorfer and resulted in a complete victory for Ferag, with Grapha's patent being found invalid and not infringed. The ruling of the district court was affirmed by the Federal Circuit. Both Ferag and Grapha are Swiss companies whose employees speak German as their principal language. Mr. Belvis, as well as other members of the trial team, had a good understanding of German, which greatly assisted in both the preparation and trial of the case and contributed to their ability to obtain a favorable outcome. The foreign litigations are still pending. Reported decisions from this litigation in which Mr. Belvis was involved can be found at: 935 F. Supp. 1238 (D.D.C. 1996), aff’d mem, 129 F.3d 135 (Fed. Cir. 1997).

Kimberly-Clark v. Farrington, (Wisc. State Court 1996-1997). Mr. Belvis was retained by Kimberly-Clark as a trial expert witness in the area of patent and trade secret law and provided deposition testimony in that case. The case involved paper-making technology and chemistry and an alleged breach of an employment agreement by a former Kimberly-Clark employee. The case was settled on favorable terms for Kimberly-Clark.

Haworth v. Herman Miller, (W.D. Mich., N.D. Ill., Fed. Cir. 1992-1996). Mr. Belvis was part of a twelve-lawyer team that represented Herman Miller. Although participating in all aspects of the case, he was primarily involved in defending against a damages claim that was in excess of $1.5 billion. Mr. Belvis participated in all aspects of discovery, motion practice and trial preparation in this case. He took and defended over 150 days of deposition testimony, argued over 25 contested motions and prepared two appellate briefs. The case was settled on the eve of the trial on favorable terms to Herman Miller. By being able to develop a successful and strong defense to the damages claim, Herman Miller was able to settle the litigation for an amount that was $180 million smaller than the damage award entered against a similarly situated competitor. Reported decisions from this litigation in which Mr. Belvis was involved can be found at: 12 F.3d 1090 (Fed. Cir. 1993); 998 F.2d 975 (Fed. Cir. 1993); 162 F.R.D. 289 (W.D. Mich. 1995); 37 U.S.P.Q.2d 1094 (W.D. Mich. 1995); 162 F.R.D. 286 (W.D. Mich. 1995); 895 F. Supp. 185 (W.D. Mich. 1994); 37 U.S.P.Q.2d 1080 (W.D. Mich. 1994); 821 F. Supp. 1476 (N.D. Ga. 1992).

W.R. Grace v. Viskase, (N.D. Ill. 1990-1992). Mr. Belvis was part of a five-lawyer team that represented Viskase in a series of cases. These cases involved several patent infringement litigations that were simultaneously pending between the parties, relating to the use of low density polyethylene, very low density polyethylene and linear low density polyethylene in film and packaging applications. Mr. Belvis participated in all aspects of the preparation, trial and settlement of the cases. As part of his involvement in this case, Mr. Belvis was able to successfully develop an inequitable conduct defense that resulted in the waiver of the attorney client privilege for the patent owner based upon the crime-fraud exception to the attorney client privilege. He participated in a two-week bench trial for the infringement phase of one of the cases. After the bench trial was completed, the cases were all settled on favorable terms to Viskase. Reported decisions from this litigation in which Mr. Belvis was involved can be found at: 21 U.S.P.Q. 2d 1114 (N.D. Ill. 1991); 21 U.S.P.Q.2d 1121 (N.D. Ill. 1991).

Advanced Pollution v. Combustion Engineering, (N.D. N.Y. 1990-1991). Mr. Belvis was part of a two-lawyer team that represented Combustion Engineering. The case involved an infringement charge that was brought against Combustion Engineering relating to its fluidized bed reactors. The case was settled after the patent owner was forced to concede in his deposition that there was no infringement.

Cuno v. Pall, (E.D. N.Y. 1986-1990). Mr. Belvis was part of the six-lawyer team that represented Cuno in a multinational litigation. In the U.S. litigation, the case involved the assertion of six patents by Cuno against Pall and a counterclaim by Pall of one patent against Cuno. During the U.S. litigation, the parties also had proceedings pending in the U.K., Germany, the EPO and Japan, on the foreign equivalents to the U.S. patents at issue. The case involved micro porous nylon membranes and the phase inversion processes to make them. Mr. Belvis participated in all aspects of the U.S. and foreign proceedings. The U.S. case was tried before a jury in New York and settled after about a month of trial, with Pall paying Cuno $20 million. The settlement also resolved all pending foreign matters between the parties. Reported decisions from this litigation in which Mr. Belvis was involved can be found at: 729 F. Supp. 234 (1989); 121 F.R.D. 198 (E.D.N.Y. 1988); 117 F.R.D. 506 (1987).

Panduit v. Dennison, (N.D. Ill., Fed. Cir., Sup. Ct.1985-1987). Mr. Belvis was part of a five-lawyer team that represented Dennison in the appeal and damages phases of the case. The case involved infringement charges against Dennison over the sale of cable ties, which are small plastic parts used to bundle wires together in a wide range of devices, such as automobiles, aircraft and ships. Mr. Belvis participated in the writing of appellate briefs before the Federal Circuit and motion practice before the Northern District of Illinois. He participated in the preparation of the petition for certiorari that was granted by the Supreme Court, vacating and remanding the decision of the Federal Circuit. The case was ultimately settled on favorable terms to Dennison. Reported decisions from this litigation in which Mr. Belvis was involved can be found at: 475 U.S. 809 (1986); 810 F.2d 1561 (Fed. Cir.), cert. denied, 481 U.S. 1052 (1987).

American Hospital Supply v. Damon, (N.D. Ill. 1984-1986). Mr. Belvis was part of a four-lawyer team that represented American Hospital Supply. This litigation arose from a joint development agreement between the parties and had patent infringement, contract, unfair competition and RICO counts. The case involved an automated amino analyzer and the reagents that were developed for use in that machine. Mr. Belvis participated in the preparation of the case for trial. The case was settled on favorable terms to American Hospital Supply, after American Hospital filed and argued a summary judgment motion.

PUBLICATIONS

Chapter 3: Antitrust and Chapter 4: Privilege, Intellectual Property Law Handbook Illinois Institute for Continuing Legal Education (IICLE), 2008

"Bad Day At Black Rock II," IP Law360, Guest Columnist, May 14, 2007

"The Turbulent Intersection Of Patent And Antitrust Laws," IP Law360, May 8, 2006

"Drafting Strategies to Maximize Economic Power - Show me the Money" AIPLA Advanced Patent Prosecution Seminar, 2005, www.aipla.org (co-author R. Gabric)

"Ethical Issues in IP Practices," Andrews Publications Seminar, 2005

"Amend Federal Rule 68," National Law Journal, American Lawyer Media, March 14, 2005

"Better Things Come to a Patent Owner Who Waits - The Need to Fully Assess the Strategic Risks of Seeking Preliminary Injunctive Relief in Patent Cases," co-author, Intellectual Property Litigation, American Bar Association, Vol. 16, No. 4, Winter 2005

Pitfalls of Electronic Communications,” Managing Intellectual Property, September 2003

Overview of the Doctrine of Equivalents and §112, Equivalents,”2003 Intellectual Property Law Update, Aspen Publishers, 2003

Editor, 2003 Intellectual Property Law Update, Aspen Publishers, 2003

The Doctrine of Equivalents and §112, Equivalents,” 2002 Intellectual Property Law Update, Aspen Publishers, 2002

"Intellectual Property Alumni," Dialogue, DePaul University College of Law, Winter 2001

The Doctrine of Equivalents and §112, Equivalents,” 2001 Wiley Intellectual Property Law Update, 2001

An Analysis of the En Banc Decision in Festo Corp v. Shoketsu Kinzoku Kogyo Kabushiki Co. and the Doctrine of Equivalents,” The Federal Circuit Bar Journal, Vol. 11, 2001 (received a West Publishing award for outstanding IP article for 2001)

Patents as an Economic Weapon,” American Conference Institute, June 2000

Intellectual Property: Explaining New Act’s Provisions,” Chicago Lawyer, February 2000

The Doctrine of Equivalents and §112, Equivalents,” 2000 Wiley Intellectual Property Law Update, 2000

"Q & A: Patents," China Business Monthly, Vol. 2, Issue 12, December, 1999

The Doctrine of Equivalents and §112, Equivalents,” 1999 Wiley Intellectual Property Law Update, 1999

Analyzing the Means and Step Plus Function Doctrine in Patent Cases,”1998 Wiley Intellectual Property Law Update, 1998

IP Poses Opportunities During Economic Straits,” The National Law Journal, June 22, 1998

The Federal Circuit Creates A New Depth Charge in the Arsenal Against Submarine Patents,” IPLAC News Letter, Vol. 24, No. 1, April, 1998

Associate Editor, Licensing Law and Business Report, 1986-1988

Computer Copyright and Tying Agreements: An Argument for the Abandonment of the Presumption of Market Power,” 28 Boston College Law Review 265, 1987

“Trade Secrets: Protection and Remedies,” contributing writer, No. 43 BNA Corporate Practice Series, 1985

PRESENTATIONS

"Effective Patent Drafting Strategies," Panelist, 2010 Intellectual Property Spring Seminar, East Lansing, Michigan, March 22, 2010

"Changes in Patent Jurisprudence - The Aftermath of KSR," Navigating Recent Decisions: How They Affect Your Corporate IP Practice, Intellectual Property Owners Association, Washington D.C., March 17, 2008

"Demonstration of a Direct and Cross-Examination of a Technical Expert Contending for Obviousness," Practising Law Institute, Patent Litigation 2007, Chicago, Illinois, October 2007

"The Confluence of Standards Setting Bodies and Patent Activities - The Perfect Storm," Law Seminars International, Innovative Structures for Acquiring Intellectual Property, Chicago, Illinois, July 2006

"Anti-Trust Issues for Standard Setting Organizations and Patent Pools," University of Victoria Law School, Intellectual Property in Global Mainstream Practice, Vancouver, Canada, July 2006

"Software and Business Method Patents: Helping or Hindering Innovation?," Northwestern University Law School IP Society Speaker Panel, Chicago, Illinois, February 2006

"Standards Setting Bodies and Patent Activities," Center for International Legal Studies, Colorado, February 2006

"Patent Pools: How they work (and how they are supposed to work)," Law Seminars International Standards Setting & Patent Pools Seminar, Washington, D.C., October 2005

"Ethical Issues in IP Practice," Andrews Publications, a West business, Intellectual Property 2005 Conference, San Francisco, California, October 2005

"Drafting Strategies to Maximize Economic Power - Show me the Money," AIPLA 2005 Advanced Patent Prosecution Seminar, Chicago Illinois, and New York, New York, June 2005

"Developing, Protecting, & Exploiting Software," Moderator, Software Litigation Workshop, Law Seminars International, Chicago, Illinois, March 2005

"The Attorney-Client and Work Product Privileges in IP Matters," Center for International Legal Studies, Colorado, February 2005

"Cutting Edge Issues in Policy and Litigation," co-chair, West Intellectual Property Litigation 2004 Conference, Chicago, Illinois, September 2004

SkyRadio, contributing speaker on various IP topics, heard on United, Delta and American Airlines, March, June and July 2004

“A Pragmatic Approach to Maximizing Profits While Minimizing Antitrust Concerns,” Center for International Legal Studies, Colorado, February 2004

“Abuse and Misuse of Intellectual Property Rights,” St Peter’s College Oxford University, United Kingdom, July 2003

“Abuse and Misuse of Intellectual Property Rights,” Professional Specialization Certificate University of Victoria, British Columbia, Canada, August 2002

“Patent Licensing: Getting an Agreement that Reflects the Deal,” Negotiating and Structuring International Business Transactions, New York, New York, October 2001

“International Licensing: Ensuring that Your Agreement Reflects Your Strategy,” American Conference Institute, International Business Transactions, San Francisco, California, July 2000

“International Licensing: Ensuring that Your Agreement Reflects Your Strategy,” American Conference Institute, International Business Transactions, Chicago, Illinois, November 1999

“Patents: An Economic Weapon,” RadTechight’ 98, 1998 International UV/EB Processing Conference and Exhibition, Chicago, Illinois, 1998

MEMBERSHIPS & AFFILIATIONS

Vice-Chairman, DePaul University College of Law Intellectual Property Law Advisory Board

American Bar Association

Intellectual Property Law Association of Chicago
Chair, Antitrust Committee

American Intellectual Property Law Association

Intellectual Property Owners Association

Licensing Executives Society

Master, Richard Linn American Inn of Court

Congress of Fellows (Center for International Legal Studies)

LEGAL EXPERIENCE

Brinks Hofer Gilson & Lione, Chicago, Illinois
Shareholder, January 1991-Present
Associate, June 1985-December 1990
Law Clerk/Summer Associate May 1984-May 1985

Office of the Public Guardian, Chicago, Illinois
Volunteer Attorney, 1993-1994

NON-LEGAL EXPERIENCE

Hercules Incorporated, Wilmington, Delaware
Technical Representative Midwestern Region, June 1980-July 1982

Pennsylvania Erection and Construction Company , Pittsburgh, Pennsylvania
Field Office Manager, Summers 1977-1979