Kelsey is a trial attorney who focuses on IP matters, with significant experience representing clients in life sciences industries.
Kelsey strives to understand the industry and business challenges her clients face so she can best advise them on how to leverage litigation to advance their interests. Kelsey’s strong science background not only enables her to understand the technologies at issue in my cases, but also to clearly communicate complex concepts.
- Trial counsel to a nationwide class of contact lens purchasers in In re Disposable Contact Lens Antitrust Litigation, which alleged antitrust conspiracies by five major contact lens manufacturers and distributors. The case settled on the eve of trial. Total settlements in the case exceed $118 million.
- Trial counsel to Collegium Pharmaceutical in Collegium Pharmaceutical Inc. v. Teva Pharmaceuticals USA, a Hatch-Waxman litigation matter involving 14 Orange Book-listed patents for the oxycodone product Xtampza ER. The case resulted in a settlement in which defendant Teva agreed to a consent judgment confirming that its proposed generic products infringe on Collegium’s asserted patents. Under the settlement, Collegium will grant Teva a license to market its generic version of Xtampza ER in the United States beginning on or after September 2, 2033.
- Trial counsel to Amneal Pharmaceuticals in Amgen v. Amneal, a four-day Hatch-Waxman patent infringement trial before Judge Goldberg, sitting specially for the Federal District Court in Delaware. Obtained a defense finding of non-infringement on Amneal’s unique non-infringement defense that its proposed formulation of the drug Sensipar does not infringe Markush limitations of the asserted patent. The trial order and memorandum were issued on July 27, 2018. Amgen Inc. v. Amneal Pharmaceuticals LLC, 16-0853-GMS (consolidated) (D. Del.).
- Represented Amneal Pharmaceuticals in Genentech, Inc. v. Amneal Pharmaceuticals LLC, 1-19-cv-190-RGA (D. Del.), a Hatch-Waxman patent litigation concerning Genentech’s Esbriet (pirfenidone).
- Represented Hikma Pharmaceuticals in Astellas US LLC v. Hikma Pharmaceuticals USA Inc., 1-21-cv-1785-CFC (D. Del.), a Hatch-Waxman patent litigation concerning Astellas’s Lexiscan (regadenoson).
- Represented Collegium Pharmaceutical, Inc. in a Hatch-Waxman patent litigation concerning a Section 505(b)(2) application for extended-release oxycodone. Purdue Pharma, L.P. v. Collegium Pharm., Inc., No. 15-13099-FDS (D. Mass.).
- Represented device manufacturer Ypsomed AG as a third-party in a Hatch-Waxman patent litigation. Sanofi-Aventis U.S. LLC v. Merck, Sharp & Dohme Corp., 16-0812-RGA (D. Del.).
- Trial counsel for Amneal Pharmaceuticals LLC in multiple Hatch-Waxman patent litigations concerning oxymorphone. Endo Pharms. Inc. v. Amneal Pharms. LLC, No. 15-2023 (Fed. Cir.); Endo Pharms. Inc. v. Amneal Pharms. LLC, No. 17-1094 (Fed. Cir.).
- Represented Amneal Pharmaceuticals in Genzyme Corp. et al. v. Amneal Pharms., 2-16-cv-3892-SRC (D.N.J.),a Hatch-Waxman patent litigation concerning Sanofi/Genzyme’s Clolar (clofarabine injection).
- Represented Amneal Pharmaceuticals in Alza Corp. v. Amneal Pharmaceuticals of New York, LLC, 16-0914-RGA (D. Del.), a Hatch-Waxman patent litigation concerning Alza’s Concerta (methylphenidate hydrochloride).
Articles & Presentations
- “A Year in Review and Coming Attractions,” Mitchell Hamline School of Law IP Institute, April 2018
- “Messing with Texas: How TC Heartland Changed Patent Venue,” Bench & Bar of Minnesota, February 5, 2018
Honors & Education
- University of Minnesota Law School, 2014, magnum cum laude
- College of Saint Benedict, B.A., 2011, magna cum laude
- Minnesota, 2014
- U.S. Court of Appeals, Federal Circuit
- U.S. District Court, Minnesota
- U.S. Patent and Trademark Office
- Best Lawyers: Ones to Watch®, Litigation – Intellectual Property, Litigation – Patent, 2023
- “North Star Lawyer” by the Minnesota State Bar Association for providing at least 50 hour of pro bono legal services, 2015-2016
- Public Service Award, Minnesota Justice Foundation, 2014
- Minnesota Justice Foundation Board Member, 2018 – present
- Fund for Mid-Minnesota Legal Aid Board Member, 2020-2022
- One Hour of Sharing Campaign – Mid-Minnesota Legal Aid, 2014 – 2022