Jeffrey B Elikan

Jeffrey Elikan represents clients in the successful resolution of pharmaceutical patent litigation. He has substantial trial experience—averaging a trial per year for the last four years— with leading roles in multiple Hatch-Waxman patent trials. For clients that include Johnson & Johnson, Fougera, and Shire, he has won favorable judgments, preliminary injunctions, and negotiated dozens of favorable settlements. Mr. Elikan has been involved in scores of Hatch-Waxman cases involving more than ten different product franchises in therapeutic areas ranging from antibiotics and oral contraceptives to gastrointestinal and psychiatric medications. Mr. Elikan also performs patent portfolio reviews for client, for pre-litigation as well as for other purposes. Mr. Elikan has also represented clients on legislation concerning follow-on biological products. Mr. Elikan background also includes extensive experience in complex civil litigation, including antitrust and breach of contract; appellate work relating to patent litigation; and pro bono criminal defense work. Mr. Elikan serves as chair of the firm’s Technology Steering Committee. REPRESENTATIVE MATTERS After a week-long trial, obtained a judgment upholding the validity of the patent-in-suit in favor of our client, Janssen, in the District of New Jersey in an ANDA case relating to a patent covering Ortho Tri-Cyclen® Lo, an oral contraceptive. Successfully represented Janssen in the District of New Jersey in ANDA cases brought against Watson, Sandoz, Mylan, Famy Care, Glenmark, and Haupt relating to a patent covering Ortho Tri-Cyclen® Lo. Reached a favorable settlement on behalf of Ortho-McNeil in the District of New Jersey in an ANDA case brought against Barr relating to a patent covering Ortho Tri-Cyclen® Lo. Representation of GlaxoSmithKline in the District of Maryland, the Federal Circuit, and the Supreme Court in patent litigation brought by Classen Immunotherapies involving immunization methods and schedules. The case is currently pending in the District of Maryland. Representation of Shire Laboratories in the Southern District of New York in ANDA cases brought against Barr, Mylan, and Lupin concerning Shire’s Fosrenol® product. Our client has reached favorable settlements with Barr and Mylan, and the case against Lupin is pending. Representation of Shire Laboratories in the Southern District of New York in a patent infringement and breach of contract action against Watson. This case, which concerns Shire’s ADDERALL XR® product for the treatment of ADHD, is pending. Representation of Shire Laboratories in the District of New Jersey and the Southern District of Florida in an ANDA case brought against Andrx and Watson concerning Shire’s ADDERALL XR® product. The case concluded with a settlement favorable to our client. Representation of Fougera Pharmaceuticals in the District of New Jersey in an ANDA case brought against Tolmar concerning Fougera’s Solaraze® product, which is indicated for the treatment of actinic keratosis. Representation of Fougera Pharmaceuticals in the District of New Jersey in a declaratory judgment action brought against GlycoBioSciences. This case involves Fougera’s Solaraze® product. Representation of Merck in Inv. No. 337-768, In re Certain Vaginal Ring Birth Control Devices, as well as parallel district court litigation. Complainant/Plaintiff dismissed its complaint in the ITC, as well as in the Eastern District of Virginia. More Representative Matters HONORS AND RANKINGS Washington DC Super Lawyers, Intellectual Property Litigation (2013) LMG Life Sciences, “Life Science Star” (2012) Legal 500 US, Intellectual Property - Patent Litigation (2012) PRO BONO Representation of defendants on charges of murder and attempted murder in the Circuit Courts of Montgomery and Prince George’s County, Maryland. Successful representation of asylum applicants from various countries, including Ukraine and Cote D’Ivoire. Representation of Russian immigrants in citizenship proceedings. Representation of plaintiff in a case alleging police misconduct. PUBLICATIONS AND SPEECHES "Supreme Court Delivers Important Decision on Patent Eligibility," Covington E-Alert (3/23/2012), Co-Author "An Unofficial Legislative History of the Biologics Price Competition and Innovation Act of 2009," Food and Drug Law Journal (With permission from FDLI) (12/6/2010), Co-Author "Health Care Reform: Biosimilars Licensing and Reimbursement," Covington E-Alert (4/12/2010), Co-Author