Sheila Swaroop

Nearly 25 years into her tenure at Knobbe Martens, Sheila Swaroop serves as chair of the firm's litigation group.

One of her recent notable representations includes Fisher & Paykel Healthcare, a New Zealand-based medical invention company, whose inventions, Swaroop said, has resulted in significantly enhanced patient care and outcomes.

In the recent multi-patent case in a California federal court, she defended the company's respiratory care products against infringement claims and achieved a global resolution. Fisher & Paykel Healthcare Limited v. Flexicare Inc., Flexicare Medical Ltd., and Flexicare (Group) Ltd., 8:19- CV-00835 (C.D. Cal., filed May 3, 2019).

"This case involved breathing circuits used with ventilators and nasal cannulas used for high-flow oxygen therapy, she said. "We defended the company's innovations from infringement and secured a global resolution."

In another significant case for The Institute for Cancer Research at Fox Chase Cancer Center, Swaroop successfully arbitrated an inventorship dispute concerning patents related to genetically modified natural killer cells used in cancer treatments.

"The arbitrators ruled in our favor and determined that a professor at Fox Chase Cancer Center should be added to a series of patents," she said.

Furthermore, for Masimo, Swaroop secured an exclusion order against the Apple Watch at the International Trade Commission, upholding Masimo's patents on technology that measures oxygen saturation, which Apple was found to have infringed upon.

"Several of these cases took place when many COVID restrictions were in effect, so we had to manage virtual depositions and hearings and explain complex technology to judges and arbitrators without being in the same room with them," she said.

Highlighting recent trends, Swaroop said there is a rise in trade secret cases and a growing interest by the courts in having litigants disclose sources of financial interest.

She added: "There has been a rise in 'Schedule A' cases, which allow for expedited enforcement proceedings against infringers. The Northern District of Illinois has become a popular forum for these cases."