Partner
John regularly leads litigation teams in district court and ITC proceedings involving complex patent litigation, trade secret misappropriation, and claims related thereto. In addition to his litigation practice, John represents clients in post-grant proceedings before the PTAB and advises clients on a variety of patent matters, including strategic portfolio management and due diligence assessments in connection with mergers and acquisitions and in-licensing opportunities.
John routinely lectures about patent law, including as an adjunct professor at Emory University School of Law teaching a course on patent litigation. He has written numerous legal and scientific articles and presents to national and international audiences, including the International Association for the Protection of Intellectual Property (AIPPI) in Singapore and Seoul; LexisNexis in Shenzhen; Japan Licensing Executive Society (JLES) in Tokyo; Japan Patent Attorneys Association (JPAA) in Tokyo, Osaka, and Shikoku; American Intellectual Property Law Association's (AIPLA) Chemical Prosecution Bootcamp in Minneapolis and Houston, and Chemical Practice Group meeting in Houston; and Managing Intellectual Property 's roundtable in Tokyo.
John has been recognized as an IP Star in Georgia by Managing Intellectual Property since 2013 and as a litigation star by Benchmark Litigation. He has ranked among the top U.S. patent lawyers in Legal Media Group's Guide to the World's Leading Patent Law Practitioners since 2016. John is recognized by LMG Life Sciences as General Patent Litigator of the Year South, as an Intellectual Property: Life Sciences Star, and for his contributions to "Hatch-Waxman Patent Litigation". He also led the litigation teams responsible for the firm's appellate victory in Kaken Pharmaceutical Co., Ltd.; Bausch Health Care v. Andrei Iancu and district court win in AstraZeneca AB v. Aurobindo Ltd et al., both of which were selected as Impact Cases of the Year at the LMG Life Sciences Awards.
Successfully represented Nissei ASB in a patent infringement, breach of contract, tortious interference with business relations, and trade secret misappropriation litigation related to blow mold machines used to manufacture containers for consumer product packaging.
4:19-cv-00042, W.D. Mo., Judge Kays
Successfully represented Ajinomoto in an ITC investigation and IPR proceedings involving patents related to genetically modified organisms and the use thereof to make commercial quantities of tryptophan. The ITC’s final determination found the Ajinomoto patents not invalid and infringed, and the ITC issued limited exclusion and cease-and-desist orders barring CJ and other respondents from importing infringing products for sale in the United States. The PTAB denied institution of CJ’s petitions on both challenged patents.
337-TA-1005, ITC, Judges Bullock, Essex
IPR2017-01551, -01698, PTAB, Judges Franklin, Mitchell, Moore, Sawert, Yang
1:14-cv-00664, D. Del., Judge Sleet
IPR2015-01340, PTAB, Judges Elluru, Paulraj, Tierney
1:08-md-01949, D. Del., Judges Farnan, Stark
10-1460, -1461, -1462, -1463, -1464, -1465, -1466, -1467, -1468, -1469, -1470, -1471, -1472, -1473, Fed. Cir., Judges Mayer, Newman, Plager
Successfully represented Kissei and Allergan in district court Hatch-Waxman litigation related to Rapaflo® (silodosin) for benign prostatic hyperplasia.
1:17-cv-01161, D. Del., Judge Stark
3:15-cv-00668, D.N.J., Judges Goodman, Sheridan
3:12-cv-07907, D.N.J., Judges Goodman, Hillman, Williams, Wolfson
Successfully led Kaken and Bausch Health Care in inter partes review (IPR) proceedings, district court litigation, and Federal Circuit appeal related to patent covering Kaken and Bausch Health Care’s Jublia® (efinaconazole) product for the treatment of onychomycosis.
3:18-cv-13635, D.N.J., Judges Martinotti, Goodman
18-2232, Fed. Cir., Judges Newman, O'Malley, Taranto
IPR2017-00190, PTAB, Judges Mitchell, Franklin, Pollock
IPR2017-01429, PTAB, Judges Mitchell, Franklin, Pollock
1:18-cv-00664, D. Del., Judge Andrews
1:16-cv-03498, S.D.N.Y., Judges Gorenstein, Vyskocil
337-TA-1005, ITC, Judges Bullock, Essex
18-1590, -1629, Fed. Cir., Judges Dyk, Moore, Taranto
IPR2017-01551, -01698, PTAB, Judges Franklin, Mitchell, Moore, Sawert, Yang
1:10-cv-00915, D. Del., Judge Stark
5:03-cv-00887, C.D. Cal., Judges Pfaelzer, Timlin, Abrams, Larson
1:03-cv-04904, N.D. Ill., Judge Gottschall
1:04-mc-00038, N.D. Ohio, Judge Polster
C.A. No. 20069, Del. Ch., Judge Lamb
Novartis Pharmaceuticals Corporation et al. v. Fresenius Kabi USA, LLC et al.
Leads district court litigation for Novartis against multiple generics related to KISQALI ®, a blockbuster, breakthrough CDK4/6-inhibitor for the treatment of breast cancer.
1:21-cv-00870, D. Del., Judge Hall
Genzyme Corporation et al. v. Novartis Gene Therapies, Inc. et al.
Led Novartis against Genzyme’s multiple patent infringement actions and inter partes review (IPR) proceedings related to recombinant adeno-associated virus vector technology used in Novartis’ blockbuster, breakthrough gene therapy Zolgensma®. The case settled after four patents were invalidated during claim construction, five patents found not literally infringed, and institution of multiple IPRs.
1:21-cv-01736, 1:23-cv-00554, D. Del., Judge Andrews
AstraZeneca AB v. Zydus Pharmaceuticals (USA) Inc.
Represented AstraZeneca in Abbreviated New Drug Application (ANDA) litigation against Zydus on its blockbuster Farxiga® pharmaceutical drug product. After a bench trial, Judge Andrews ruled that the defendant failed to prove that any of the patent claims at issue were invalid due to obviousness, resulting in a complete win for our client. That decision was not ultimately appealed.
1:18-cv-00664, D. Del., Judge Andrews
Ajinomoto Co., Inc. et al. v. CJ Cheiljedang Corp. et al.
Lead counsel for Ajinomoto in the Southern District of New York in litigation involving patents related to genetically modified organisms and the use thereof to make commercial quantities of tryptophan. The case settled following successful representation of Ajinomoto in related inter partes review (IPR) proceedings, an ITC investigation, and a subsequent Federal Circuit appeal.
1:16-cv-03498, S.D.N.Y., Judges Gorenstein, Vyskocil
337-TA-1005, ITC, Judges Bullock, Essex
18-1590, -1629, Fed. Cir., Judges Dyk, Moore, Taranto
IPR2017-01551, -01698, PTAB, Judges Franklin, Mitchell, Moore, Sawert, Yang
AstraZeneca AB v. Aurobindo Pharma, Ltd.
Successfully represented AstraZeneca in Abbreviated New Drug Application (ANDA) litigation and inter partes review (IPR) proceedings against multiple generic challengers on its Onglyza® and Kombiglyze® XR pharmaceutical drug products. Patent validity upheld in both the district court and parallel IPR proceeding.
1:14-cv-00664, D. Del., Judge Sleet
IPR2015-01340, PTAB, Judges Elluru, Paulraj, Tierney
Kaken Pharmaceutical Co., Ltd.; Bausch Health Care v. Zydus Pharmaceuticals (USA) Inc. et al.
Successfully led Kaken and Bausch Health Care in inter partes review (IPR) proceedings, district court litigation, and Federal Circuit appeal related to patent covering Kaken and Bausch Health Care’s Jublia® (efinaconazole) product for the treatment of onychomycosis.
3:18-cv-13635, D.N.J., Judges Martinotti, Goodman
18-2232, Fed. Cir., Judges Newman, O'Malley, Taranto
IPR2017-00190, PTAB, Judges Mitchell, Franklin, Pollock
IPR2017-01429, PTAB, Judges Mitchell, Franklin, Pollock
Event
Basel: Life Sciences IP Seminar: Multijurisdictional Considerations for Protecting Your Most Valuable Assets Basel: Life Sciences IP Seminar: Multijurisdictional Considerations for Protecting Your Most Valuable Assets
May 16, 2024
Basel
Event
Copenhagen: Life Sciences IP Seminar: Multijurisdictional Considerations for Protecting Your Most Valuable Assets Copenhagen: Life Sciences IP Seminar: Multijurisdictional Considerations for Protecting Your Most Valuable Assets
May 14, 2024
Copenhagen
Event
Discovery in U.S. Patent Litigation & Managing its Potential Impact in Related Foreign Cases Discovery in U.S. Patent Litigation & Managing its Potential Impact in Related Foreign Cases
January 18, 2023
Webinar
Event
Patent Infringement After Duncan Parking Technologies Patent Infringement After Duncan Parking Technologies
September 29, 2022
Webinar
Event
19th Advanced Summit on Life Sciences Patents 19th Advanced Summit on Life Sciences Patents
July 21-22, 2021
Virtual
Podcasts
Patent Strategy in the Life Sciences Industry Patent Strategy in the Life Sciences Industry
November 10, 2020
Legal Media Group"John Livingstone brings an international outlook and inspires confidence in his clients as a skilled litigator, prudent counsellor and post-grant proceedings ace."
Intellectual Asset Management Patent 1000
“The top name on the fight card locally is John Livingstone, who is also one of the firm’s best Hatch-Waxman Act litigators.”
Intellectual Asset Management Patent 1000
“…comfortable in any forum, John Livingstone takes on the toughest life sciences and chemical cases with zeal. Having worked for several years in Finnegan’s Tokyo office, he has cultivated a strong following of Japanese innovators…”
Intellectual Asset Management Patent 1000
“… John Livingstone [is] singled out by peers for [his] IP capabilities. Livingstone, former leader of the firm's biotechnology practice in Japan, runs a U.S. district court patent litigation practice that specializes in pharmaceuticals, chemicals, and biotechnology.”
Managing Intellectual Property IP Stars
“Atlanta's John Livingstone 'always has the best interest of his client in mind.’”
Legal 500 United States
“One client lauded the work of John Livingstone, describing him as ‘a very smart and reliable attorney who shows a deep understanding of internal business documents.’”
Managing Intellectual Property IP Stars
“Livingstone’s practice primarily emphasizes U.S. district court litigation related to pharmaceutical, chemical, and biotechnology. Clients rave about the partner…”
Managing Intellectual Property IP Stars
“Litigator John Livingstone ‘always thinks what is best for his client,’ says a biotech contact.”
Managing Intellectual Property’s IP Stars
“John Livingstone and David Weingarten are other compelling advocates, particularly in the context of major pharmaceutical and biotechnology cases.”
Intellectual Asset Management Patent 1000
"John Livingstone brings an international outlook and inspires confidence in his clients as a skilled litigator, prudent counsellor and post-grant proceedings ace."
Intellectual Asset Management Patent 1000
“The top name on the fight card locally is John Livingstone, who is also one of the firm’s best Hatch-Waxman Act litigators.”
Intellectual Asset Management Patent 1000
“…comfortable in any forum, John Livingstone takes on the toughest life sciences and chemical cases with zeal. Having worked for several years in Finnegan’s Tokyo office, he has cultivated a strong following of Japanese innovators…”
Intellectual Asset Management Patent 1000
“… John Livingstone [is] singled out by peers for [his] IP capabilities. Livingstone, former leader of the firm's biotechnology practice in Japan, runs a U.S. district court patent litigation practice that specializes in pharmaceuticals, chemicals, and biotechnology.”
Managing Intellectual Property IP Stars
“Atlanta's John Livingstone 'always has the best interest of his client in mind.’”
Legal 500 United States
“One client lauded the work of John Livingstone, describing him as ‘a very smart and reliable attorney who shows a deep understanding of internal business documents.’”
Managing Intellectual Property IP Stars
“Livingstone’s practice primarily emphasizes U.S. district court litigation related to pharmaceutical, chemical, and biotechnology. Clients rave about the partner…”
Managing Intellectual Property IP Stars
“Litigator John Livingstone ‘always thinks what is best for his client,’ says a biotech contact.”
Managing Intellectual Property’s IP Stars
“John Livingstone and David Weingarten are other compelling advocates, particularly in the context of major pharmaceutical and biotechnology cases.”
Intellectual Asset Management Patent 1000
Award/Ranking
Finnegan Receives Tier 1 Benchmark Litigation Rankings; Nine Attorneys Named Litigation Stars Finnegan Receives Tier 1 Benchmark Litigation Rankings; Nine Attorneys Named Litigation Stars
October 5, 2023
Benchmark LitigationAward/Ranking
Finnegan Upholds Tier 1 Marks in 2023 LMG Life Sciences Rankings Finnegan Upholds Tier 1 Marks in 2023 LMG Life Sciences Rankings
September 21, 2023
LMG Life SciencesPress Release
32 Finnegan Attorneys Recognized by Best Lawyers 32 Finnegan Attorneys Recognized by Best Lawyers
August 17, 2023
Best LawyersAward/Ranking
Finnegan Shortlisted in 10 Categories in the LMG Life Sciences Awards 2023 Finnegan Shortlisted in 10 Categories in the LMG Life Sciences Awards 2023
July 25, 2023
LMG Life SciencesPress Release
Managing Intellectual Property IP Stars: Finnegan Scores Top Patent Rankings Across the Board Managing Intellectual Property IP Stars: Finnegan Scores Top Patent Rankings Across the Board
July 13, 2023
Managing Intellectual PropertyPress Release
Finnegan Receives Top Rankings from Intellectual Asset Management; 46 Attorneys Ranked Finnegan Receives Top Rankings from Intellectual Asset Management; 46 Attorneys Ranked
June 30, 2023
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