Danielle C. Gillen
Associate
Overview

“My engineering background gives me the tools I need to collaborate with clients.”

Danielle Gillen is a registered patent attorney who concentrates her practice on patent prosecution, opinions, licensing and counseling services. Drawing on her mechanical engineering background, Danielle focuses on medical devices, therapeutic devices, automotive transmissions and wiper blades, and other mechanical arts. Danielle also has extensive experience in patent litigation concerning a range of technologies, including pharmaceuticals, medical devices, athletic apparel, agricultural machinery, cargo restraint equipment and therapeutic devices.

Danielle uses her litigation experience to help clients look ahead strategically when identifying, acquiring and protecting patent assets.  She conducts prior art and patentability analyses and provides freedom to operate, non-infringement and invalidity opinions.  She also drafts and prosecutes patent applications in the United States, and partners with the firm’s foreign associates to evaluate protection and coverage options outside the United States. In addition, Danielle performs patent due diligence to help clients evaluate the strength of a target company’s patent portfolio.

Education
  • J.D.,
    Boston University School of Law, 2010
  • B.S.E., Mechanical Engineering, magna cum laude
    University of Michigan, 2007
Bar Admissions
  • Illinois
  • Supreme Court of the United States
  • U.S. Dist. Court, E.D. Michigan
  • U.S. Dist. Court, N.D. Illinois
  • U.S. Dist. Court, S.D. Indiana
  • U.S. Patent & Trademark Office
Area of Focus
Technical Background
  • Biopharma
Experience | Legal Experience
Brinks Gilson & Lione, Chicago, Illinois
Associate, May 2011 - Present
Summer Associate, 2009
Experience | Clerkships and Internships
U.S. District Court for the Eastern District of Michigan, Intern to Chief Judge Bernard A. Friedman, 2005
Experience | Overview
  • Managed a portfolio of more than 50 U.S. and foreign patents and applications for a therapeutic device company and coordinated with the firm’s foreign associates to provide strategic prosecution of U.S. and foreign patents and applications.
  • Advised a therapeutic device company regarding a potential acquisition of a target company’s patent portfolio.
  • Negotiated licensing and settlement agreements between brand and generic pharmaceutical companies, arising from cases under the Hatch-Waxman Act.
Experience | Overview
  • Defended global generic pharmaceutical companies against allegations of patent infringement arising under the Hatch-Waxman Act. Was involved in all aspects of pretrial discovery, claim construction, summary judgment, and trial preparation.
  • Defended a global athletic apparel company against allegations of patent infringement involving protective and flexible padding used in athletic apparel products. Was involved in all aspects of pretrial discovery, witness preparation and motion practice until case settled on the eve of trial.
Presentations
  • "Looking Back at 2016 and Ahead in 2017," Brinks 2017 IP Developments Webinar, January 25, 2017
Representative Matters
  • Noven Pharmaceuticals, Inc. v. Watson Laboratories, Inc. et al. (D.N.J. 2011-2014). Represented generic client in Hatch-Waxman patent litigation in a first to file (FTF) opportunity related to a methylphenidate transdermal patch sold by Noven as Daytrana®. Obtained partial summary judgment rulings of non-infringement and invalidity due to inadequate written description. The parties’ settlement permits a 2015 launch notwithstanding the 2018 expiration of the patents-in-suit.
  • Roche Palo Alto LLC and Genentech, Inc. v. Watson Laboratories, Inc.-Florida (D. Del. 2013). Representing client in Hatch-Waxman patent litigation related to valganciclovir hydrochloride sold by Genentech as Valcyte®.
  • Avanir Pharmaceuticals, Inc. et al. v. Watson Pharmaceuticals, Inc. et al. (D. Del. 2011-2013). Represented clients in Hatch-Waxman patent infringement related to dextromethorphan hydrobromide/quinidine sulfate capsules sold by Avanir as Nuedexta®.
  • McDavid, Inc. and Stirling Mouldings Limited v. Nike USA, Inc. (N.D. Ill. 2013). Represented client in patent infringement action.
  • Sage Products v. Primo, Inc. (N.D. Ill. 2012). Represented client in trade dress action involving a heel ulcer prevention and cushioning boot for non-ambulatory patients.  The parties settled. 
  • In the Matter of [Asylum Applicant] (U.S. Dept. of Homeland Security, U.S. Citizenship and Immigration Services, 2011). Represented on a pro bono basis a refugee from Togo seeking asylum on the basis of political beliefs. Applicant obtained asylum.
  • In the Matter of Certain Electric Fireplaces, Components Thereof, Manuals for Same, Certain Processes for Manufacturing or Relating to Same and Certain Products Containing Same (International Trade Commission, 2011). Represented clients in action asserting copyright infringement, trade secret misappropriation, and breach of contract.
  • McDavid, Inc. and Stirling Mouldings Limited v. Nike USA, Inc. (N.D. Ill. 2008). Represented client in patent infringement action.
Press Releases & Events
February 09, 2017

CHICAGO—Twenty attorneys at intellectual property law firm Brinks Gilson & Lione have been named to the 2017 ...

January 25, 2017

On January 25 at 12:00pm CT, join Brinks Gilson & Lione attorneys as they kick off the firm's centennial year by discussing the issues that...

January 18, 2017

CHICAGO—Brinks Gilson & Lione kicks off its centennial year with a look at recent developments in ...

January 12, 2016

CHICAGO—Twenty-two attorneys at intellectual property law firm Brinks Gilson & Lione have been named to the 2016 ...

October 22, 2015

CHICAGO—Danielle Gillen, an attorney at intellectual property law firm Brinks Gilson & Lione, and a team ...

Honors
  • Illinois Super Lawyers, Rising Stars, 2016-2017
  • Concentration in Intellectual Property Law, with honors, Boston University School of Law
  • American Journal of Law and Medicine, Note Editor
Affiliations
  • American Intellectual Property Law Association
  • Intellectual Property Law Association of Chicago
  • Richard Linn American Inn of Court