Merri C. Moken is a partner in Holland & Knight's New York office and a member of the firm's Intellectual Property Group. Her broad-based patent litigation practice includes the biotech, chemical and pharmaceutical fields, as well as the mechanical and electrical arts. She has appeared before federal district and appellate courts, and the U.S. International Trade Commission (USITC).
Ms. Moken represents both plaintiffs and defendants concerning patent infringement, invalidity and unenforceability, as well as trade secret misappropriation and other contract-related matters. She also represents internationally based clients and has served as counsel in both domestic and foreign proceedings. Her practice includes client counseling, due diligence, licensing, trade secrets, unfair competition, dispute resolution, opinion work and the management of prosecution matters.
Her portfolio evaluations of M&A targets worldwide have included all forms of intellectual property, particularly in the chemical, biologics and medical device spaces. Ms. Moken's licensing work also has largely focused in these spaces internationally, and has included chimeric antigen receptor and other antibody technologies, as well as the use of machine-learning solutions in the diagnosis and treatment of cancer.
Ms. Moken has served as lead counsel in a number of patent and trademark infringement litigations and has successfully argued claim constructions and numerous motions, including for injunctive relief and pretrial motions at the U.S. District Court level. Her litigation practice relies on her knowledge of diverse technologies, a thoughtful and consider-all-angles approach, and her command of the deposition room and courtroom.
Ms. Moken's extensive experience in Abbreviated New Drug Application (ANDA) litigation has been particularly advantageous for her pharmaceutical clients. She has both enforced and defended against the assertion of patent rights with respect to a wide array of scientific disciplines. She also has litigated and counseled clients in the medical device arena, including with respect to drug-eluting stents, transdermal drug delivery systems, biologic and synthetic surgical meshes, and revolutionary hip and knee replacement technology.
In addition, Ms. Moken has an extensive knowledge of engineering technologies, including in the communication device, automotive, digital surveillance, Internet and cable industries. Ms. Moken further advises Holland & Knight’s real estate clients with respect to contractual matters and IP strategy, rights and protection, in addition to representing them in both commercial and IP litigation.
Prior to her legal career, Ms. Moken gained practical work experience at several pharmaceutical companies, providing her with a real-world perspective and a significant understanding of underlying technologies. This experience gives her an insight into managing both the business and intellectual property goals of her clients, as well as providing creative solutions to help them reach those goals. Ms. Moken also spent several years performing independent research, discovering that disinfectants induce the expression of the mar gene, conferring multiple antibiotic resistance in bacteria. As an undergraduate at Princeton University, her scientific research and thesis focused on metal-assisted assembly of multi-helix protein bundles.
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