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 Committee and Diversity, Equity & Inclusion (DEI) Committee.
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.
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.
Representative Experience:
- Representing Novartis in Hatch-Waxman Act patent litigation against multiple generics related to KISQALI®, a blockbuster, breakthrough medicine to treat certain types of early and metastatic breast cancer.
- Represented Novartis against Genzyme in two separate district court patent litigations and related IPRs concerning Zolgensma®, involving recombinant adeno-associated virus vector (AAV) technology. Achieved favorable settlement for Novartis after obtaining rulings that four patents were invalid and five were not literally infringed, and after institution of multiple IPRs.
- 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.
Updated Sep 2024
