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Krishan Thakker

is an associate at Sterne, Kessler, Goldstein & Fox P.L.L.C. in the firm’s Litigation Group and focuses his practice on general intellectual property enforcement and patent infringement, with a special emphasis on pharmaceutical patent litigation under the Hatch-Waxman Act. Mr. Thakker represents clients in matters before several federal district and state courts, 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.

Recent Articles by Krishan Thakker

Is it Time To Amend 101?

Rather than the drastic measure of abolishing § 101, such as that proposed by previous USPTO Director Kappos, we think that a simple change to § 101 that removes the confusing notion of “inventiveness” from statutory interpretation would do the trick. Our proposal strikes a middle ground, in that, while removing “inventiveness” concepts from § 101 analysis, it retains the historical exceptions rooted in pre-emption that were reiterated in the Triad.