Keith D. Parr

Keith Parr focuses his practice principally in the biotechnology, pharmaceutical, life sciences, agribusiness and energy areas. Keith counsels clients in the areas of regulatory compliance, intellectual property and antitrust and utilizes his substantial trial experience to provide his clients with solutions for their business needs. He advances his client's interests not only before regulatory agencies and the courts but also works to provide effective legislative solutions at both the state and federal level. Keith is Co-Chair of the Firm's IP Pharmaceutical and Biotechnology Practice Group.

Keith has over 35 years of trial experience. He was lead trial counsel in SmithKline Beecham v. TorPharm, Inc., one of the largest Paragraph IV Hatch-Waxman Act patent infringement cases tried, and guided TorPharm to one of the most successful at-risk generic drug product launches in the United States. He has represented companies involved in a broad range of commercial disputes in state and federal court proceedings and before Tribunals, such as the American Arbitration Association and the International Chamber of Commerce, International Court of Arbitration in Paris, France.

Seed and Biotechnology

Keith represents companies in the seed and agricultural biotechnology industries in connection with regulatory, intellectual property, liability and transactional matters. Keith has counseled clients on issues relating to the international sale of seed, global regulatory approvals of transgenic products and product stewardship. Among the types of clients Keith has represented are biotechnology trait providers, seed producers, seed dealers, seed distributors, seed certification agencies, plant variety protection certificate holders, patent holders, seedsmen's errors and omissions insurers.

Pharmaceutical and Life Science

Keith represents companies in the pharmaceutical industry in connection with regulatory and intellectual property matters. Keith has substantial experience in filing Citizens Petitions with the FDA, representing generic companies seeking to enter the United States market in Hatch-Waxman Act Paragraph IV cases and pursuing antitrust counterclaims. He has represented both patent holders and accused infringers in patent litigation involving prescription pharmaceutical products.

Agribusiness

Keith represents agribusiness companies in connection with regulatory, liability, intellectual property and transactional matters. Keith has represented clients in connection with matters involving a number of different federal regulatory agencies, including FSIS, FDA, APHIS, PACA, FSA and the FCIC. Among the types of general agricultural and agribusiness clients Keith has represented are packing plants, growers, producers and federally reinsured crop insurers.

Energy

Keith has had an interest in the energy sector since his days in the Office of General Counsel of El Paso Natural Gas Co., El Paso, Texas. Keith represented two Illinois-based startup ethanol plants, Adkins Energy LLC and Illinois River Energy LLC, in their project development, project finance and startup phases. Adkins Energy was the first corn-to-ethanol plant built in the State of Illinois that included farmer-owned agricultural cooperatives.

Patent, Plant Variety Protection Act, Trademark, Trade Dress, Copyright and Trade Secret Litigation

Keith has significant lead counsel trial experience and has headed up a number of trial teams on major patent, trademark, trade dress and copyright litigation matters. Keith has represented clients in industries as diverse as the cellular telephone, consumer electronics, retail consumer products, pharmaceutical, seed and architectural design industries.

Business Litigation and Arbitration

Keith has represented companies involved in a broad range of commercial disputes in state and federal court proceedings and before Tribunals, such as the American Arbitration Association and the International Chamber of Commerce, International Court of Arbitration in Paris, France.

Intellectual Property

Keith represented the first insurance carrier to offer Patent Enforcement Litigation Expense (PELE) insurance policies in the United States. Keith has represented clients in connection with requests for defense and indemnity for intellectual property infringement claims under Advertisement Injury endorsements of Comprehensive General Liability (CGL) policies. Keith also has represented insurers offering specialized forms of insurance products, which provide a defense and indemnity for patent, trademark and copyright infringement claims.

Examples of clients Keith has represented include:

• Generic pharmaceutical companies in Hatch-Waxman Act Paragraph IV lawsuits seeking patent clearance and market entry for launch of generic versions of ranitidine hydrochloride; fluoxetine hydrochloride; divalproex sodium; gabapentin; paroxetine hydrochloride; atomoxetine; tizanidine; gatifloxacin; sibutramine; valganciclovir; sertraline; venlafaxine ER; alfuzosin; amphetamine XR; clarithromycin XL; tigecycline; pitavastatin; mesalamine testosterone transdermal solution; desoximetasone topical spray; eslicarbazepine acetate and pirfenidone
• Generic pharmaceutical companies in antitrust litigation arising out of Paragraph IV Hatch-Waxman litigation related to paroxetine, tizanidine and gatifloxacin
• Plant Variety Protection Certificate holders in infringement actions against agricultural cooperatives and brown baggers in Mississippi and West Texas
• Seedsmen's errors and omissions insurers, seed certification agencies and crop improvement association errors and omissions insurers, seed producers, seed dealers and seed distributors in connection with suits involving single and multiple claims for lost profits and economic loss throughout North America
• Seedsmen's errors and omissions insurers in coverage dispute to enforce a criminal and fraudulent acts policy exclusion in view of varietal mislabeling
• Seed companies and seed producers in joint ventures, germplasm pooling and exchange agreements, cooperative research and development agreements, asset sales, mergers and acquisitions
• Biotechnology trait providers in connection with international ring tests involving PCR testing methods, methods validation and laboratory accreditation agreements, seed testing services agreements, material transfer agreements, methods transfer agreements, licensing and confidentiality agreements
• Seed producers, seed companies, seed dealers, seed distributors and biotechnology trait providers in connection with various legislative and regulatory proposals
• Seed companies, seed dealers and seed distributors in connection with the development of corporate regulatory compliance procedures, risk assessment and risk management programs
• Federally reinsured crop insurers in connection with General Accounting Office audits, Office of Inspector General subpoenas and investigations and related administrative hearings
• Federally reinsured crop insurers in defending suits brought by policyholder farmers, ranchers and growers
• The principal of a Chicago-area meat packing plant in connection with an FSIS investigation and subsequent criminal proceeding
• Ethanol plant owner and developer in connection with project financing and construction of corn feedstock ethanol plant
• Cellular telephone manufacturer and distributor in patent infringement litigation
• Accused infringer in patent infringement litigation involving nitrox breathing devices for scuba diving
• Exclusive patent licensee in declaratory judgment action to invalidate licensed patents to allow full freedom to operate following expiration of the license term
• Architectural design firm and commercial real estate developer in copyright infringement litigation against competitors
• Patent Enforcement Litigation Expense insurer in connection with bad faith insurance coverage declaratory judgment action arising out of the denial of a claim
• Patent Infringement Liability insurers in connection with policy wording and related matters