John R. Labbe

John R. Labbe is a highly accomplished patent litigation attorney and trial lawyer at Marshall, Gerstein & Borun LLP, focusing extensively on high-stakes intellectual property disputes within the life sciences sector. His practice particularly emphasizes cases arising under the Biologics Price Competition and Innovation Act (BPCIA) and the Hatch-Waxman Act, as well as matters involving biotechnology, pharmaceuticals, and biologics, including DNA sequencing technologies. While his primary focus is on life sciences, his experience also encompasses patent litigation concerning cable television and data services, e-commerce, and mechanical technologies.

Labbe consistently represents operating companies, primarily on the defense side, but also in enforcing patent rights. His tracked appearance in Regeneron Pharmaceuticals, Inc. v. Amgen Inc. shows him serving as counsel for the defendant. He notably secured an $80-million judgment as first-chair trial counsel on behalf of Amgen in Amgen v. Hospira, which was the first patent-infringement jury trial concerning a biosimilar under the BPCIA, a judgment later affirmed by the U.S. Court of Appeals for the Federal Circuit. He also represented Onyx Therapeutics in a Hatch-Waxman patent infringement case related to its Kyprolis® medicine, where the District of Delaware ruled in Onyx's favor on all asserted patents, a decision summarily affirmed by the Federal Circuit.

As a partner at Marshall, Gerstein & Borun LLP, Labbe is recognized for his trial advocacy and experience across all litigation phases, from pre-suit investigations to appeals. His expertise extends to post-grant patent proceedings, with his firm profile listing "Post-Grant Patent Proceedings" as a practice area, and his contributions to the firm's PTABWatch blog address developments concerning the Patent Trial and Appeal Board (PTAB), including Inter Partes Review (IPR) proceedings, particularly within the pharmaceutical industry.

Labbe earned his J.D., cum laude, from Northwestern University School of Law, where he served as the executive editor of the Northwestern University Law Review. He holds a B.A. in Biological Sciences from Northwestern University. He is admitted to practice in Illinois, before the U.S. Supreme Court, the U.S. Court of Appeals for the Federal Circuit and Seventh Circuit, and various U.S. District Courts.