JOHN LIVINGSTONE is a Partner in Finnegan’s Atlanta office. John is a nationally recognized trial lawyer focusing on complex pharmaceutical, chemical, and biotechnology patent litigation in district courts and the ITC. John has won LMG Life Sciences General Patent Litigator of the Year South three of the last five years, been recognized as an “IP Star” by MIP since 2013, as a Litigation Star by Benchmark Litigation, by Best Lawyers as a Best Lawyers in America, and 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.
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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 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 of the U.S. Patent and Trademark Office. 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.
John has represented innovative pharmaceutical companies in 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. 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 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. John has been recognized by multiple industry organizations and award programs for his excellence in intellectual property law. His honors include consistent recognition as a top IP practitioner in Georgia, accolades for patent litigation and portfolio strategy, and distinction as a leading figure in Hatch-Waxman litigation and life sciences patent disputes. (273/300)
- Successfully lead district court litigation for Novartis against multiple generics related to KISQALI ®, a blockbuster, breakthrough CDK4/6-inhibitor for the treatment of breast cancer, ensuring patent exclusivity through Q1 2031.
- Successfully 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.
- Successfully represented AstraZeneca in Abbreviated New Drug Application litigation against Zydus on its blockbuster Farxiga® pharmaceutical drug product. After a bench trial, the court 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.
- Successfully led Wacker AG as a respondent in an ITC proceeding related to Yuviwel (navepegritide): A once-weekly subcutaneous CNP analog (formerly TransCon CNP) for the treatment of achondroplasia. The case settled allowing continued use of Yuviwel in the United States.
- Successfully represented AstraZeneca in Abbreviated New Drug Application litigation and inter partes review 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.
- Appellate
- Intellectual property
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- Government and public policy
- Healthcare
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- Insurance
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- Pharmaceutical and life sciences
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- JD, with honors, Order of the Coif, Emory University School of Law - 2001
- MS, Biology (Neuroscience), Florida State University - 1997
- BS, Biochemistry, Florida State University - 1994
- American Bar Foundation (Fellow, 2021-present) - 2021
- American Bar Association - 2001
- American Intellectual Property Law Association - 2001
- Federal Circuit Bar Association (Pro Bono Program) - 2010
- Georgia Lawyers for the Arts (Board Member) - 2021
- International Association for the Protection of Intellectual Property - 2006
- Order of the Coif - 2001
- State Bar of Georgia (Intellectual Property and Technology Law Sections) - 2001
- U.S. Patent and Trademark Office - 2006
- Georgia - 2001
- Supreme Court of the United States - 2020
- U.S. Court of Appeals, Federal Circuit - 2005
- U.S. District Court, ND. Georgia - 2001
- U.S. Court of Appeals, Eleventh Circuit - 2001