John Livingstone is a 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) 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 spent five years managing the firm’s Atlanta office and is currently a member of the Firm’s Management Committee and its Diversity, Equity, and Inclusion committee.
John has been recognized as an IP Star in Georgia by Managing Intellectual Property since 2013. He has ranked among the top U.S. patent lawyers in Legal Media Groups 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.
John has represented innovator pharmaceutical companies on litigation, PTAB, and Federal Circuit matters involving blockbuster drugs such as Zolgensma® (rAAV gene therapy), Kisqali®, Jublia®, Crestor®, Doribax®, Onglyza®, Kombiglyze® XR, Farxiga®, and district court and ITC litigation, PTAB proceedings, and Federal Circuit appeals related to genetically modified microorganisms.
Representative Experience:
- Represent Novartis in district court litigation against generic companies related to KISQALI®, a breakthrough CDK4/6-inhibitor for the treatment of breast cancer.
- Defending Novartis against Genzyme’s patent infringement allegations related to recombinant adeno-associated virus vector technology used in Novartis’ breakthrough gene therapy Zolgensma®.
- Represented AstraZeneca in Abbreviated New Drug Application (ANDA) litigation against Zydus on its 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.
Updated Sep 2023
