Luke Toft

Luke Toft is a patent litigation partner at Fox Rothschild LLP, known for his practice in intellectual property disputes and post-grant proceedings. His litigation experience spans federal district courts, the Court of Appeals for the Federal Circuit, and the International Trade Commission. He currently serves as Co-Head of the firm's Post-Grant Proceeding practice. Toft rejoined Fox Rothschild in November 2023 after serving as Director of Intellectual Property at Sleep Number Corporation, having previously been a partner at the firm since 2021.

Toft's practice encompasses a diverse array of technologies, with a particular emphasis on biopharmaceuticals and medical devices, alongside other mechanical and electrical inventions such as 3D printing, adjustable air beds, and software. While his tracked appearances in district court patent infringement cases, such as CONJUPRO BIOTHERAPEUTICS, INC. v. Ascletis Pharma China Co Ltd and CSPC Pharmaceutical Group Limited et al. v. Ipsen Biopharm Ltd., are on the plaintiff side, his overall practice demonstrates versatility in representing both patent holders and challengers.

A significant portion of Toft's work involves inter partes review (IPR) and ex parte reexamination proceedings before the U.S. Patent and Trademark Office (USPTO), where he has served as counsel in numerous IPRs. Notably, he was part of the Fox Rothschild team that successfully instituted IPR trials on behalf of CSPC Pharmaceutical Group Limited against patents related to treating metastatic pancreatic cancer and antibody-drug conjugates. He also successfully defended two biotechnology gene therapy patents for San Rocco Therapeutics, LLC, against IPR petitions from bluebird bio Inc., with the PTAB upholding the validity of all challenged claims. Additionally, he has successfully defended clients against patent infringement and trade secret claims concerning various medical devices and has defended the validity of patents in multiple IPR petitions related to consumer products.

Luke Toft is a registered patent attorney. He earned his J.D., cum laude, from the University of St. Thomas School of Law in 2013 and his B.A. from Concordia College in 2006.