John D. Livingstone

Partner

John Livingstone practices U.S. district court patent litigation involving the pharmaceutical, chemical, and biotechnology arts. Mr. Livingstone has a broad range of litigation experience, representing patent owners as well as accused infringers in all types of litigation, including patent, trade secret misappropriation, trademark, and copyright litigation.

Mr. Livingstone also provides strategic portfolio management and litigation counseling to both foreign and domestic clients and evaluates corporate patent portfolios in connection with mergers and acquisitions and in-licensing opportunities. He provides opinions on patent infringement, validity, and enforceability, often as a prelude to infringement litigation. In addition, Mr. Livingstone advises clients on developing effective patent portfolios, addressing specific prosecution problems, and creating targeted claim strategies with an eye toward future litigation.

Mr. Livingstone has written numerous legal and scientific articles and presents to national and international audiences including presentations at the AIPPI 2007 meeting in Singapore and at a Lexis/Nexis conference in Shenzhen, China. He also participated in a Managing Intellectual Property-sponsored roundtable discussion on IP issues in Japan in 2007. He also lectures and teaches patent law.

Highlights

• Represents AstraZeneca Pharmaceuticals LP, et al. in Abbreviated New Drug Application (ANDA) litigation related to Crestor^®.
• Represented sanofi-aventis in litigation relating to Lovenox^®.
• Represented TIMCAL S.A. in litigation relating to expanded graphite and methods of making the same.
• Represented innovator pharmaceutical companies in due diligence resulting in license and co-development agreements.
• Represented innovator biotech company in litigation resulting in favorable acquisition and buyout.
• Represented GlaxoSmithKline in litigation related to Augmentin^®.
• Represented Hewlett-Packard Co. in trade secret misappropriation litigation related to VLIW (complier) technology.
• Represented Fuente Cigar Ltd. in trademark infringement/unfair competition litigation.
• Represented famous celebrity in copyright litigation.
• Member and participant in the Federal Circuit Bar Association Veteran's Pro Bono Program.
• Member of the Emory Law Journal, 1999.
• Researched reproductive neuroendocrinology, focusing on the effects of ovarian steroids on intracellular messenger systems.  

Professional Recognition

• Recognized for pro bono service contributions by the Federal Circuit Bar Association Charitable and Educational Fund, 2010.
• Order of the Coif.

Professional Activities

• American Intellectual Property Law Association
• Federal Circuit Bar Association
• American Bar Association
• Georgia Bar Association (Intellectual Property and Technology Law Sections)
• International Association for the Protection of Intellectual Property

Select Publications

• Coauthor. “Time for Orange Book Audit: Declaratory Judgment Decision Will Boost Generic Drug Challenges,” Legal Times, Sept. 2007.
• “Alleviating the Pain of Electronic Discovery: Prospective Consideration of the Zubulake Factors,” Georgia Bar Journal, Feb. 2004.
• “Uniformity of Patent Law Following Florida Prepaid: Should the Eleventh Amendment Put Patent Owners Back in the Middle Again?” Emory Law Journal, 2001.
• Coauthor. “Ovarian Steroids Modulate Responsiveness to Dopamine and Expression of G-proteins in Lactotropes,” Neuroendocrinology, 1998.