Charles B. Klein

Charles B. Klein is a highly experienced patent litigator at Winston & Strawn, where he serves as the litigation office head in Washington, D.C., and previously co-chaired the firm's Intellectual Property Practice. His practice primarily focuses on complex patent, antitrust, and commercial disputes, with a particular emphasis on the life sciences sector, including biotechnology, pharmaceuticals, and medical devices. He is consistently recognized as a leading attorney in intellectual property, described as a "talisman for major pharmaceutical and biotechnology businesses" and "no stranger to billion-dollar cases."

Klein predominantly represents defendants and challengers in patent litigation. While the provided data lists an appearance for Abbott Laboratories on the plaintiff side, his broader case history strongly indicates a defense-oriented practice, often representing generic pharmaceutical companies and large medical device manufacturers. He has defended clients like Hikma Pharmaceuticals, Sun Pharmaceutical Industries, and BioNTech SE against allegations of patent infringement.

His notable representations include successfully arguing for Hikma Pharmaceuticals at the U.S. Supreme Court in a significant case concerning induced patent infringement related to its generic version of the heart drug Vascepa. Klein was also part of the team that secured a patent invalidation for generic drugmakers challenging Janssen Biotech Inc.'s oncology medication Zytiga. In the medical device space, he has been involved in litigation for Abbott Laboratories concerning heart assist devices, including an Inter Partes Review (IPR) where Abbott challenged a Miracor Medical SA patent. His work also extends to Hatch-Waxman litigation for generic drugs, as seen in his representation of Sun Pharmaceutical Industries.

Klein possesses significant experience with post-grant proceedings, having been involved in IPRs, and his firm is noted for handling hundreds of proceedings before the Patent Trial and Appeal Board (PTAB). This depth of experience underscores his capability in both district court litigation and administrative patent challenges.