Mind + Muscle

technical minds + legal muscle

Bracket
Sterne Kessler Goldstein Fox
Krishan Thakker

Mind + Muscle

Krishan Thakker

Associate

 

Mr. Thakker is an associate in the firm’s Litigation Group. He focuses on general intellectual property enforcement and patent infringement/defense, with a special emphasis on risk mitigation strategies such as insurance coverage and indemnification. Mr. Thakker represents clients in matters before several federal district and state courts, in post-grant review proceedings at the Patent Trial and Appeal Board, as well as in domestic and international arbitrations and mediations. He is admitted to practice in state and federal courts in both the District of Columbia and New York, and has experience in both pre-action investigations and the major phases of litigation including case management and strategy, discovery, fact and expert witness preparation, Markman proceedings, taking and defending fact and expert depositions, dispositive motions briefing, and pre-trial and bench trial practice.  He also has experience with post-grant review proceedings (i.e. inter partes and covered business method) co-pending with district court actions. Mr. Thakker also has experience counseling clients in intellectual property strategy, including licensing over copyrights, trademarks and patents, as well as infringement, validity, and freedom to operate opinions.

Mr. Thakker is also a contributing author of Patent Office Litigation, Second Edition, published in 2017 by Thomson Reuters Westlaw. The book provides a fresh and comprehensive exploration of patent office litigation proceedings, including how the proceedings interact with other aspects of patent procurement and enforcement, while delivering practical analysis and advice.

Prior to joining Sterne Kessler, Mr. Thakker was an associate in the New York office of an international general practice firm, where his practice focused on first-party business interruption and property damage insurance recovery (stemming from losses arising out of Superstorm Sandy), complex commercial, civil and soft/hard IP litigation, international arbitration and cross-border disputes, while working on matters out of both the New York and London offices.  Mr. Thakker commenced his legal career at a boutique policyholder-side insurance coverage law firm in Washington D.C., where he represented blue-chip manufacturers recover insurer proceeds for liabilities and defense costs from multiple carriers under third-party CGL policies.

Mr. Thakker graduated as a Harlan Fiske Stone Scholar, and with both the Parker School Certificate for Achievement in International and Comparative Law, and a Half Laurels Award, from the Anglo-American Joint LL.B./J.D. Degree Program between King's College London and Columbia Law School, with a concentration in international and transatlantic dispute resolution. 

While attending law school, Mr. Thakker served as an Articles Editor for the Columbia Journal of European Law, where he also was published in the field of copyright and competition law. Additionally, Mr. Thakker was a judicial extern for the Honorable Elizabeth S. Strong at the U.S. Bankruptcy Court for the Eastern District of New York, as well as an intern in the Labor and Employment Division at the New York City Law Department, and the Digital Rights Management Department at Viacom/MTV Networks International.

Pro Bono

Mr. Thakker is part of the pro bono practice at Sterne Kessler. At the firm, Mr. Thakker counsels local Washington D.C. non-profit organizations on patent, copyright, trademark, and other IP issues, including licensing, and assists with revising their faculty member and vendor agreements to incorporate restrictions on the use of IP. He is also a frequent volunteer at the D.C. Bar's Pro Bono IP clinic for small businesses.

Prior to joining the firm, he represented an elderly landlord in eviction and breach of contract proceedings against a tenant in New York State Court. He has also previously acted on behalf of an individual in a civil rights action against a law enforcement agency, as well as a parent-petitioner in a cross-border child custody dispute.  Prior to commencing in private practice, Mr. Thakker served as an Advocate for POhWER, a non-profit pro bono advocacy organization in the UK. One of his matters here included successfully representing two deaf health service users in an indirect discrimination matter which resulted in a Parliamentary Ombudsman investigation regarding their equal protection rights. 

During law school, he assisted a victim of domestic violence secure a temporary restraining order, and subsequently a permanent injunction, in the King’s County Family Court in Brooklyn, while working with New York City’s Domestic Violence Project.

Publications

Prior

  • Defense of a foreign-based generic drug manufacturer in Paragraph IV ANDA litigation in the Eastern District of Virginia against a brand pharmaceutical company asserting infringement of a dosage/labeling patent covering tadalafil, a PD5E inhibitor.
  • Representation of a generic drug manufacturer in Paragraph IV ANDA litigation against brand pharmaceutical company asserting infringement of several patents covering polymorphic crystalline and amorphous forms of vilazodone hydrochloride compound.
  • Representation of one of the world's leading radiation therapy companies in four inter partes review proceedings over volumetric modulated arc therapy invention.
  • Representation of an international generic pharmaceutical manufacturer in PTAB inter partes review proceedings, and in the District of New Jersey, challenging a brand pharmaceutical company’s formulation patent over a prostate cancer treatment drug.
  • Representation of an automotive care and service patentee in PTAB inter partes review proceedings defending against a foreign competitor’s validity challenge to a patent covering an apparatus and method for servicing a coolant system.
  • Representation of an integrated technology and telecommunications company in PTAB covered business method review proceedings challenging patents covering a system for inmate management and call processing.
  • Representation of one of the world's largest privately-held patent-invention investment, portfolio management and licensing companies defend its patents (related to a CCSN/IG Internet system) in contested PTAB proceedings.
  • Representation of a multinational software corporation in both defending and prosecuting patent infringement actions in the Northern District of California, District of Delaware, and at the Federal Circuit, as well as in PTAB validity proceedings, pertaining to multiple patents related to world wide web application technology.
  • Representation of a specialized synthetic microorganism innovator in AAA arbitration held in Boston, MA against a developer of recombinant and native enzyme reagents, involving claims of breach of license, false advertising, and misappropriation of trade secrets relating to inventions and know-how over DNA fragment assembly kits.
  • Defense of a foreign-based generic drug manufacturer in Paragraph IV ANDA litigation in the District of New Jersey against a brand pharmaceutical company asserting infringement of product composition/formulation and method of treatment patents covering both orally disintegrating and non-orally disintegrating IR tablet forms of aripiprazole.
  • Defense of a foreign-based generic drug manufacturer in Paragraph IV ANDA litigation in the District of Delaware against a brand pharmaceutical company asserting infringement of product composition/formulation and method of treatment patents covering orally disintegrating tablet forms of vardenafil hydrochloride.
  • Representation in Delaware district court of a multi-national pharmaceutical company and active pharmaceutical ingredient ("API") supplier of bromfenac sodium sesquihydrate, against a brand developer of ophthalmologic products and NDA holder of a low dose bromfenac sodium drug solution, for declaratory judgment patent infringement over patents covering various polymorphic forms of crystalline bromfenac sodium compound.
  • Representation of a large and renowned developer of cloud and network back-up, replication and restoration software, in false advertising litigation in the Western District of Texas against a U.S. based I.T. technology analyst, marketing and buyer guide licensing firm.
  • Defense of a generic drug manufacturer in Paragraph IV ANDA litigation in the Southern District of New York and the District of Delaware against a brand pharmaceutical company asserting infringement of product composition, method of treatment and distribution method patents over oxymorphone hydrochloride.
  • Defense of a generic drug manufacturer in Paragraph IV ANDA litigation in the District of New Jersey, and representation in co-pending IPR proceedings, against a brand pharmaceutical company asserting infringement of product composition, method of treatment, drug/drug interaction and distribution method patents over sodium oxybate oral solution.
  • Representation of a nationally recognized non-profit organization as patent owner in patent infringement and patent licensing litigation in the Eastern District of Texas, over rights to a field of use of un-supplemented fibrin sealant patches.
  • Representation of both non-practicing patent-assertion entities and practicing patentee-assignees in U.S. district court enforcement actions related to facial animation, mobile phone and social networking technologies;
  • Representation of patentee-clients before the USPTO in Inter Partes Review investigations and before the U.S. Multi-District Litigation Panel in Section 1407 transfer/consolidation proceedings;
  • Representation of national chains of hotels, restaurants, commercial landlords and event planners in business interruption insurance recovery actions against multiple insurer carriers and a large utility service provider;
  • Representation and second chairing of a AAA arbitration dispute in Denver, Colorado between a renewable energy private equity fund, and a developer and provider of multiple photovoltaic solar power panels, involving the loss of a major U.S. Treasury Department grant scheme;
  • Representation of a transatlantic hedge fund, in a breach of prime brokerage agreement and fraud litigation with a global bank, pertaining to the forced liquidation of credit default swap positions in violation of margin call requirements;
  • Defense of a life insurance broker in a fraud and breach of contract action brought by private plaintiff engaged in "life settlement" investments;
  • Representing a Fortune 500 automotive parts manufacturer to recover millions of dollars in insurance coverage for asbestos-related liabilities;
  • Representing an elderly policyholder, alongside a class action, against a life insurance company accused of violating its contracts;
  • Negotiating with insolvent insurers to recover for breast-implant-related liabilities on behalf of a large corporate policyholder;
  • Representing a U.S. Customs Surety Bonds broker in arbitration against two insurance companies for the recovery of owed commissions and indemnity.
  • Representative Matters

      Prior

      • Defense of a foreign-based generic drug manufacturer in Paragraph IV ANDA litigation in the Eastern District of Virginia against a brand pharmaceutical company asserting infringement of a dosage/labeling patent covering tadalafil, a PD5E inhibitor.
      • Representation of a generic drug manufacturer in Paragraph IV ANDA litigation against brand pharmaceutical company asserting infringement of several patents covering polymorphic crystalline and amorphous forms of vilazodone hydrochloride compound.
      • Representation of one of the world's leading radiation therapy companies in four inter partes review proceedings over volumetric modulated arc therapy invention.
      • Representation of an international generic pharmaceutical manufacturer in PTAB inter partes review proceedings, and in the District of New Jersey, challenging a brand pharmaceutical company’s formulation patent over a prostate cancer treatment drug.
      • Representation of an automotive care and service patentee in PTAB inter partes review proceedings defending against a foreign competitor’s validity challenge to a patent covering an apparatus and method for servicing a coolant system.
      • Representation of an integrated technology and telecommunications company in PTAB covered business method review proceedings challenging patents covering a system for inmate management and call processing.
      • Representation of one of the world's largest privately-held patent-invention investment, portfolio management and licensing companies defend its patents (related to a CCSN/IG Internet system) in contested PTAB proceedings.
      • Representation of a multinational software corporation in both defending and prosecuting patent infringement actions in the Northern District of California, District of Delaware, and at the Federal Circuit, as well as in PTAB validity proceedings, pertaining to multiple patents related to world wide web application technology.
      • Representation of a specialized synthetic microorganism innovator in AAA arbitration held in Boston, MA against a developer of recombinant and native enzyme reagents, involving claims of breach of license, false advertising, and misappropriation of trade secrets relating to inventions and know-how over DNA fragment assembly kits.
      • Defense of a foreign-based generic drug manufacturer in Paragraph IV ANDA litigation in the District of New Jersey against a brand pharmaceutical company asserting infringement of product composition/formulation and method of treatment patents covering both orally disintegrating and non-orally disintegrating IR tablet forms of aripiprazole.
      • Defense of a foreign-based generic drug manufacturer in Paragraph IV ANDA litigation in the District of Delaware against a brand pharmaceutical company asserting infringement of product composition/formulation and method of treatment patents covering orally disintegrating tablet forms of vardenafil hydrochloride.
      • Representation in Delaware district court of a multi-national pharmaceutical company and active pharmaceutical ingredient ("API") supplier of bromfenac sodium sesquihydrate, against a brand developer of ophthalmologic products and NDA holder of a low dose bromfenac sodium drug solution, for declaratory judgment patent infringement over patents covering various polymorphic forms of crystalline bromfenac sodium compound.
      • Representation of a large and renowned developer of cloud and network back-up, replication and restoration software, in false advertising litigation in the Western District of Texas against a U.S. based I.T. technology analyst, marketing and buyer guide licensing firm.
      • Defense of a generic drug manufacturer in Paragraph IV ANDA litigation in the Southern District of New York and the District of Delaware against a brand pharmaceutical company asserting infringement of product composition, method of treatment and distribution method patents over oxymorphone hydrochloride.
      • Defense of a generic drug manufacturer in Paragraph IV ANDA litigation in the District of New Jersey, and representation in co-pending IPR proceedings, against a brand pharmaceutical company asserting infringement of product composition, method of treatment, drug/drug interaction and distribution method patents over sodium oxybate oral solution.
      • Representation of a nationally recognized non-profit organization as patent owner in patent infringement and patent licensing litigation in the Eastern District of Texas, over rights to a field of use of un-supplemented fibrin sealant patches.
      • Representation of both non-practicing patent-assertion entities and practicing patentee-assignees in U.S. district court enforcement actions related to facial animation, mobile phone and social networking technologies;
      • Representation of patentee-clients before the USPTO in Inter Partes Review investigations and before the U.S. Multi-District Litigation Panel in Section 1407 transfer/consolidation proceedings;
      • Representation of national chains of hotels, restaurants, commercial landlords and event planners in business interruption insurance recovery actions against multiple insurer carriers and a large utility service provider;
      • Representation and second chairing of a AAA arbitration dispute in Denver, Colorado between a renewable energy private equity fund, and a developer and provider of multiple photovoltaic solar power panels, involving the loss of a major U.S. Treasury Department grant scheme;
      • Representation of a transatlantic hedge fund, in a breach of prime brokerage agreement and fraud litigation with a global bank, pertaining to the forced liquidation of credit default swap positions in violation of margin call requirements;
      • Defense of a life insurance broker in a fraud and breach of contract action brought by private plaintiff engaged in "life settlement" investments;
      • Representing a Fortune 500 automotive parts manufacturer to recover millions of dollars in insurance coverage for asbestos-related liabilities;
      • Representing an elderly policyholder, alongside a class action, against a life insurance company accused of violating its contracts;
      • Negotiating with insolvent insurers to recover for breast-implant-related liabilities on behalf of a large corporate policyholder;
      • Representing a U.S. Customs Surety Bonds broker in arbitration against two insurance companies for the recovery of owed commissions and indemnity.
  • Admissions
      • District of Columbia

      • New York

      • United States Supreme Court

      • United States Court of Appeals for the Federal Circuit

      • District of Columbia Court of Appeals

      • Supreme Court of the State of New York, First Judicial Department of the Appellate Division 

      • United States District Court for the District of Columbia

      • United States District Court for the Eastern District of New York

      • United States District Court for the Southern District of New York

  • Education
      • J.D., Columbia University, Harlan Fiske Stone Scholar
      • LL.B (Hons), King's College London, School of Law
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