John Stokes

Specialty / Focus Areas. John Stokes is an appellate litigator whose patent work centers on pharmaceutical/Hatch-Waxman disputes — specifically ANDA litigation involving written-description and validity challenges under 35 U.S.C. § 112. His tracked patent matter, Novartis Pharmaceuticals Corp. v. HEC Pharm Co., concerned a method-of-treatment patent for fingolimod (Gilenya) in relapsing-remitting multiple sclerosis. His broader practice at Stris & Maher spans complex commercial disputes and appeals (crypto/insolvency, ERISA, copyright), with Chambers USA noting his appearances before the Second, Ninth, and Tenth Circuits; he does not appear to handle standard-essential/Wi-Fi or software-centric patent work.

Side Preference. His single tracked appearance is on the defendant side (1 defendant, 0 plaintiff), representing generic drugmaker HEC Pharm against innovator Novartis. This reflects a defense-oriented posture in patent litigation — defending an operating company/generic challenger against an asserted brand patent — rather than NPE/PAE monetization work. He has co-led both sides in commercial litigation generally, but his patent exposure is exclusively defense-side.

Firm Context. Stokes is a partner at Stris & Maher LLP (Los Angeles/Cerritos), a Chambers Band 1 appellate boutique, having joined the firm in 2017 directly after federal clerkships (Judge Paul Gardephe, S.D.N.Y.; Judge Raymond Fisher, Ninth Circuit). He has no prior law firm patent-litigation tenure. His role on Novartis v. HEC was as appellate counsel at the Federal Circuit and cert-stage briefing at the Supreme Court.

Notable Case / Outcome. In Novartis v. HEC Pharm, Stokes helped secure the Federal Circuit's 2–1 rehearing decision (June 21, 2022) invalidating U.S. Patent No. 9,187,405 for lack of written description of the "no loading dose" negative limitation — reversing the court's own prior affirmance. The Supreme Court denied Novartis's stay application (Oct. 2022) and its certiorari petition (Apr. 17, 2023), clearing the way for HEC to become the first generic entrant in the fingolimod market. Stokes appeared on the respondents' cert-stage brief in opposition (No. 22-671), alongside Peter Stris and Elizabeth Brannen. He also served as second chair in the firm's 9–0 Supreme Court copyright win in Fourth Estate v. Wall-Street.com (not a patent case).

PTAB / IPR Experience. No evidence of appearances before the PTAB in IPR/PGR proceedings; his patent involvement is district court/Federal Circuit appellate litigation, not post-grant administrative practice.

Bar / Education. Active California Bar member (No. 310847, admitted 2016); J.D., Yale Law School (2014); A.B., Harvard University.