Jason Leonard

Jason spends a substantial portion of his time representing innovator clients as plaintiffs in Hatch-Waxman Act litigation. His legal experience covers a wide array of pharmaceutical technologies, including small molecule drugs and peptides, cancer therapies, oral contraceptives, steroids, antifungal agents, anticholinergics, β3-agonists, pharmacologic stress agents, and sleep medications. He has successfully defended patents covering new chemical compounds, as well as complex inventions covering formulations, polymorphs, and methods of treatment. Clients often turn to him to address difficult infringement issues, particularly when design-around defenses have been asserted and extensive testing evidence will be required for trial. He has also represented clients in inter-partes review and interference proceedings in the US Patent and Trademark office.

Jason also advises clients on intellectual property due diligence and licensing matters, including strategic company and product acquisitions. As part of this process, he leverages his extensive litigation and industry experience to help guide clients through these transactions.

Before attending law school, Jason spent six years as a pharmaceutical chemist at an innovator pharmaceutical company where he specialized in analytical and solid-state chemistry. His scientific research resulted in more than a dozen patents and patent applications, including patents covering the cholesterol medication atorvastatin. His industry experience has become indispensable to clients as they often request his thorough analysis of the technology as part of their litigation and trial strategies.

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• Successfully represented Sanofi in Sanofi v. Fresenius in the appeal of our successful defense of its compound patent covering Jevtana^® (a taxane chemotherapy agent for docetaxel-resistant prostate cancer) in the district court*
• Successfully represented Sanofi relating to an IPR petition filed by Mylan concerning a compound patent covering Jevtana^® (a taxane chemotherapy agent for docetaxel-resistant prostate cancer). The PTAB did not institute the petition*
• Successfully represented Sanofi relating to a second IPR petition filed by Neptune Generics concerning a compound patent covering Jevtana^® (a taxane chemotherapy agent for docetaxel-resistant prostate cancer). This petition attempted to build on prior unsuccessful IPR and district court challenges. The PTAB did not institute this serial IPR petition*
• Successfully represented Sanofi in an interference with Fresenius at the USPTO concerning a polymorph of cabazitaxel, the active ingredient in Jevtana^® (a taxane chemotherapy agent for docetaxel-resistant prostate cancer). The interference was resolved in favor of Sanofi in less than six months*
• Successfully represented Merck & Co., Inc. in Merck v. Fresenius relating to compound and formulation patents covering Cancidas^® (a lyophilized formulation of a cyclohexapeptide for the treatment of life-threatening fungal infections). A favorable settlement was obtained for Merck after an extensive bench trial*
• Successfully represented Merck & Co., Inc. in Merck v. Xellia relating to infringement of a formulation patent covering Cancidas^® (a lyophilized formulation of a cyclohexapeptide for the treatment of life-threatening fungal infections). Merck prevailed at trial and injunction obtained*
• Successfully represented Warner Chilcott in Warner Chilcott v. Lupin relating to obviousness of a method of treatment patent covering Lo Loestrin Fe^® (an oral contraceptive regimen containing ethinyl estradiol and norethindrone acetate). Warner Chilcott prevailed at trial and injunction obtained*
• Successfully represented Merck & Co., Inc. in Merck v. Teva relating to compound and formulation patents covering Cancidas^® (a lyophilized formulation of a cyclohexapeptide for the treatment of life-threatening fungal infections). Merck prevailed on summary judgement of nonobviousness of the formulation patent; and Defendants dropped their challenge to the compound patent*

*Matter handled prior to joining the firm.

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