John D. Livingstone
Partner
John Livingstone is a nationally recognized first-chair trial lawyer focusing on complex pharmaceutical, chemical, and biotechnology patent litigation before U.S. district courts, the U.S. International Trade Commission (ITC), and the U.S. Court of Appeals for the Federal Circuit. He also serves as lead counsel in post-grant proceedings before the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (USPTO). John was resident in Finnegan’s Tokyo office, the managing partner of the firm’s Atlanta office, and currently sits on the firm’s Management and VISION Committees.
Experience
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
Insights
Articles
Implications of California's AB 824 Patent Settlement Regulation
May 21, 2025
Life Science LeaderSeminar
May 16, 2024
Basel
Seminar
May 14, 2024
Copenhagen
Webinar
Discovery in U.S. Patent Litigation & Managing its Potential Impact in Related Foreign Cases
January 18, 2023
Webinar
Professional Recognition
"John Livingstone brings an international outlook and inspires confidence in his clients as a skilled litigator, prudent counsellor and post-grant proceedings ace."
“The top name on the fight card locally is John Livingstone, who is also one of the firm’s best Hatch-Waxman Act litigators.”
“…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…”
“… 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.”
“Atlanta's John Livingstone 'always has the best interest of his client in mind.’”
“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.’”
“Livingstone’s practice primarily emphasizes U.S. district court litigation related to pharmaceutical, chemical, and biotechnology. Clients rave about the partner…”
“Litigator John Livingstone ‘always thinks what is best for his client,’ says a biotech contact.”
“John Livingstone and David Weingarten are other compelling advocates, particularly in the context of major pharmaceutical and biotechnology cases.”
News
Award/Ranking
Finnegan Earns Top Rankings in 2026 IAM Patent 1000 Guide; Nearly 60 Attorneys Ranked
May 28, 2026
Intellectual Asset Management (IAM)Award/Ranking
Finnegan Named a Tier 1 Firm in the 2026 Benchmark Litigation Rankings
October 28, 2025
Benchmark LitigationPress Release
Finnegan Recognized as a Leading Firm in the 2025 LMG Life Sciences Americas Rankings
October 1, 2025
LMG Life SciencesAward/Ranking
September 5, 2025
LMG Life SciencesAward/Ranking
August 21, 2025
Best LawyersAward/Ranking
Finnegan Shortlisted for Seven 2025 LMG Life Sciences Americas Awards
July 2, 2025
LMG Life SciencesProfessional Activities
- American Bar Foundation
(Fellow, 2021-present) - American Bar Association
- American Intellectual Property Law Association
- Federal Circuit Bar Association (Pro Bono Program)
- Georgia Lawyers for the Arts
(Board Member) - International Association for the Protection of Intellectual Property
- Order of the Coif
- State Bar of Georgia (Intellectual Property and Technology Law Sections)
Admissions
- U.S. Patent and Trademark Office
- Georgia
- Supreme Court of the United States
- U.S. Court of Appeals, Federal Circuit
- U.S. District Court, N.D. Georgia
- U.S. Court of Appeals, Eleventh Circuit
Education
- Emory University School of Law
- J.D., with honors, 2001
- Florida State University
- M.S., Biology, 1997
- Florida State University
- B.S., Biochemistry, 1994
John's Practices
- Appeals, Issues, and Legal Strategy
- Appeals from the PTAB
- Federal Circuit and Supreme Court Appeals
- Diligence, Licensing, and Opinions
- Due Diligence
- Opinions and Counseling
- Global IP Enforcement, Litigation, and Trials
- Branded Hatch-Waxman (ANDA) Litigation and Trials
- Federal Circuit and Supreme Court Appeals
- ITC Section 337 Investigations and Trials
- Patent Litigation and Trials
- Pretrial Strategies
- Trade Secrets
- Patent Office Invalidation Proceedings
- PTAB Invalidation Proceedings: IPR and PGR
- Prosecution and Portfolio Management
- IP Portfolio Management
- Patent Drafting and Prosecution
- Patent Reissues
- Trade Secrets
John's Industries
- Chemicals, Industrials, and Materials
- Chemical
- Manufacturing
- Life Sciences
- Biologics
- Biotechnology
- Medical Device and Diagnostics
- Pharmaceutical