Patent litigation attorney

Kevin M. Flowers

2 tracked appearances 1 plaintiff · 1 defendant.

Specialty & background

Kevin M. Flowers is a seasoned patent litigator at Marshall, Gerstein & Borun LLP, where he leads the Biotech/Pharma Litigation team. His practice primarily focuses on high-stakes intellectual property disputes within the biotechnology, pharmaceutical, and life sciences sectors, including biosimilar litigation and cases involving mRNA vaccine technologies and DNA sequencing systems. Holding a Ph.D. in Cellular and Molecular Physiology, Dr. Flowers brings a deep scientific and technical understanding to complex patent matters.

Dr. Flowers demonstrates a balanced practice, representing both plaintiffs and defendants. While the tracked cases show an even split with one plaintiff-side (Amgen Inc. v. Sandoz Inc. as Lead Counsel) and one defendant-side appearance (Regeneron Pharmaceuticals, Inc. v. Amgen Inc. as counsel), his broader case history includes extensive work for major operating companies like Amgen, CureVac, Eli Lilly, Northwestern University, and Illumina, asserting and defending patent rights.

His notable representations include securing a $740 million settlement for CureVac in a patent infringement dispute concerning mRNA vaccine technologies just before trial in March 2025. Dr. Flowers was also instrumental in achieving a $70 million jury verdict for Amgen Inc. in the first Biologics Price Competition and Innovation Act (BPCIA) patent infringement case tried to a jury, which was later affirmed by the Federal Circuit. In Regeneron Pharmaceuticals, Inc. v. Amgen Inc., his team successfully defeated Regeneron's motion for a preliminary injunction, allowing Amgen to launch a biosimilar, a decision affirmed by the Federal Circuit in March 2025. He further has experience in post-grant patent proceedings, including high-stakes interference and appeal proceedings before the U.S. Patent and Trademark Office.

Dr. Flowers is admitted to practice in Illinois, before the U.S. Court of Appeals for the Federal Circuit, and the U.S. Patent and Trademark Office. He earned his J.D. from The Ohio State University Moritz College of Law, a Ph.D. from Pennsylvania State University, and B.S. and M.A. degrees from The Ohio State University.

Firms

Roles

  • counsel1
  • Lead Counsel1

Cases (2)