Patent litigation attorney

John D. Livingstone

4 tracked appearances 2 plaintiff · 2 defendant.

Specialty & background

John D. Livingstone is a highly experienced patent litigation attorney at Finnegan, Henderson, Farabow, Garrett & Dunner LLP, where he is a partner and serves on the firm's Management and VISION Committees, having previously been the managing partner of the Atlanta office and resident in the Tokyo office. He specializes in complex patent litigation across the pharmaceutical, chemical, and biotechnology sectors, with a significant focus on life sciences, including gene therapies and Hatch-Waxman matters.

Livingstone demonstrates a balanced practice, representing both patent owners and accused infringers. His experience includes successfully defending Novartis Gene Therapies against patent infringement actions and parallel inter partes review (IPR) proceedings initiated by Genzyme Corporation, related to recombinant adeno-associated virus (AAV) vector technology used in the Zolgensma® gene therapy. This defense concluded in a settlement after multiple patents were found not infringed or were invalidated. He also represented Sarepta Therapeutics defensively against Genzyme regarding its Elevidys® gene therapy, and in offensive IPRs.

Among his notable achievements, Livingstone was part of the Finnegan team that secured a $115 million jury verdict for Sarepta Therapeutics in a gene therapy patent trial, where Sarepta's patent was upheld as valid, and an adversary's patent was found invalid. He also led litigation teams in cases recognized as "Impact Cases of the Year" by LMG Life Sciences, including an appellate victory in Kaken Pharmaceutical Co., Ltd.; Bausch Health Care v. Andrei Iancu and a district court win in AstraZeneca AB v. Aurobindo Ltd et al.. He is recognized as a nationally recognized first-chair trial lawyer and frequently acts as lead counsel in post-grant proceedings before the Patent Trial and Appeal Board (PTAB).

Livingstone earned his J.D. from Emory University School of Law in 1999 and is admitted to practice in Georgia. He also shares his expertise as an adjunct professor at Emory University School of Law, where he teaches a course on patent litigation.

Firms

Roles

  • lead counsel2
  • Counsel1
  • Lead Counsel1

Cases (4)