Winston & Strawn
Firm overview:
Winston & Strawn has a widely renowned Patent Litigation Practice that is active in complex patent matters across the US. With a deep bench of first-chair attorneys, the team has handled hundreds of proceedings before the Patent Trial and Appeal Board (PTAB), International Trade Commission (ITC) and Federal Circuit. The firm has particular expertise in biotech patent litigation, as well as representing generic pharmaceutical companies in Abbreviated New Drug Application (ANDA) cases.
Notable past victories include securing a $1 billion jury verdict for Monsanto in a patent battle with DuPont and a defence verdict on behalf of client Belkin in a bet-the-industry case against Fujitsu.
Team overview:
Chairman Steve D’Amore said that the firm was looking forward to benefitting from the leadership experience of former US Patent and Trademark Office (USPTO) director Kathi Vidal, who rejoined the firm in December 2024 in the litigation department. A ChIPs Hall of Fame recipient, Vidal is a member of Winston & Strawn’s executive committee and divides her time between the Washington, DC and Silicon Valley offices.
Key matters:
- Merck Sharp & Dohme v Aurobindo Pharma USA (23-2254).
This Hatch-Waxman patent infringement litigation was originally filed against 16 generic drug maker defendant groups. The case raised the issue of calculating patent term extension and final judgment was entered in favour of Merck in June 2023; the case is currently on appeal to the Federal Circuit.
Winston & Strawn’s Charles Klein and Jovial Wong of DC represent Sun Pharmaceutical Industries in the matter.
- Amarin v Hikma.
Partner Charles Klein represents Hikma Pharmaceuticals in its dispute with Amarin Pharmaceuticals over Hikma’s generic version of blockbuster heart drug Vascepa. In June 2024, Amarin convinced a US appeals court to revive its lawsuit, with judges concluding that it was at least plausible that Hikma’s skinny label and marketing materials induced infringement of Amarin’s patents.
- Allergan v MSN.
Klein was part of the team arguing for Sun Pharmaceuticals in this dispute in which the Federal Circuit addressed obviousness-type double patenting. Allergan accused Sun of patent infringement over Sun’s proposed generic version of bowel treatment drug Viberzi. The Federal Circuit reversed the district court’s decision to invalidate the patents, concluding that a first-filed, first-issued, later-expiring claim could not be invalidated by a later-filed, later-issued, earlier-expiring reference claim having a common priority date.
Clients:
Hikma Pharmaceuticals, Sun Pharmaceutical Industries.
