Erin J.D. Austin

Erin J.D. Austin is a patent litigator specializing in pharmaceutical intellectual property, particularly Hatch-Waxman Act litigation. Her practice focuses on chemical and pharmaceutical arts, including small-molecule pharmaceuticals, formulations, polymorphs, and chemical processes. She primarily represents plaintiff-side, brand-name pharmaceutical companies in enforcing their patent rights.

Ms. Austin is a Partner at Venable LLP, having been promoted to counsel in 2019 and then to partner in 2020. Prior to her legal career, she was a chemist in the pharmaceutical industry, providing a strong technical foundation for her practice. Her representative experience includes numerous cases for Astellas Pharma Inc., such as Astellas Pharma Inc. et al. v. Hikma Pharmaceuticals USA Inc., Astellas Pharma Inc. et al. v. Haimen Pharma Inc. et al., and Astellas Pharma Inc. v. Ascent Pharmaceuticals, Inc., all involving patents covering the prostate cancer drug Xtandi®. These cases generally resulted in dismissals with prejudice, consistent with confidential settlements. She also played a role in obtaining a trial victory for Melinta Therapeutics in a patent dispute involving the antibacterial drug Minocin®.

Ms. Austin is experienced in contested proceedings before the United States Patent and Trademark Office (USPTO), including inter partes reviews (IPRs) and interferences, and assists clients with coordinating parallel ex-U.S. patent litigation. She is admitted to practice in New York and New Jersey, and before the U.S. Patent and Trademark Office. She earned her J.D. summa cum laude from Benjamin N. Cardozo School of Law, an M.S. in Chemistry from California Institute of Technology, and a B.S. in Chemistry from Massachusetts Institute of Technology.