Kevin M. Flannery

Kevin M. Flannery is a nationally recognized trial lawyer who represents clients in complex patent and trade secret cases across a wide spectrum of technology areas. He has extensive experience acting as lead trial counsel in patent cases involving medical devices, pharmaceuticals, electronics, software and consumer products. Most recently, Mr. Flannery was co-counsel in a case before the U.S. Supreme Court on behalf of SCA Hygiene Products, where in a 7-1 decision, the Supreme Court overturned 100 years of precedent, concluding that laches cannot bar the award of legal damages in patent cases. Other successes include winning a US$22 million jury award in a patent case (settled favorably prior to appeal), a favorable pre-verdict settlement after a two-week jury trial in a trade secret case, and a US$4.6 million jury verdict in a patent infringement case, which was affirmed on appeal. 

Mr. Flannery also represents branded clients in litigation under the Hatch-Waxman Act. On behalf of Endo Pharmaceuticals, he was part of the trial team that prevailed in a five-week bench patent trial against seven manufacturers of generic drugs, winning injunctions against all seven and protecting Endo’s sales of its OPANA® ER tablets, which at its peak was the company’s second highest-selling product with US$300 million in annual sales. He has also represented GlaxoSmithKline entities in ANDA matters, such as GlaxoSmithKline LLC, et al. v. Sandoz Inc. (Veramyst®) (D. Del.). Mr. Flannery also has particular expertise in representing medical device companies, including Boston Scientific and Synthes. 

Mr. Flannery is consistently recognized by Chambers USA for Intellectual Property in Pennsylvania and as an "IP Star" for patent by Managing Intellectual Property, including most recent in 2023. Mr. Flannery is routinely named a World’s Leading Patent Practitioner in Pennsylvania by IAM Patent 1000, who in 2023, noted him as “a clear and convincing advocate who is well versed as lead trial counsel and brings experience across an extensive range of technology areas.” In 2022, IAM described him as an "eminent trial lawyer", and in 2021, wrote that he "is a firm favourite of pharmaceutical and medical devices companies" and is "outstanding in terms of both advocacy skill and customer care". He has previously been recognized by Best Lawyers in America and Who’s Who Legal for intellectual property.