Hendrickson & Long

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Hendrickson & Long, PLLC — Patent Litigation Practice Summary

Firm overview. Hendrickson & Long, PLLC is a Charleston, West Virginia litigation firm founded in 1994, headquartered at 214 Capitol Street, with a second office opened in Morgantown, WV in March 2025 to serve northern West Virginia and western Pennsylvania (firm announcement). Public directory counts vary: U.S. News lists 13 lawyers in one office; BCG Search lists 16 attorneys; Martindale lists an office size of 10. By any measure this is a regional litigation shop, not BigLaw and not an IP boutique — it is far below the AmLaw 200 revenue threshold, so no AmLaw ranking applies. Chambers USA does maintain a firm profile under Litigation: General Commercial (West Virginia), describing it as "a very good firm" and naming David Hendrickson and Scott Long as notable practitioners in toxic tort, class action and product liability work (Chambers profile).

IP litigation specialty. The firm's own IP page describes an IP-holder defense practice — copyright, trademark, trade secret and NDA/non-compete enforcement, counterfeiting, and "challenging others' patents" through USPTO proceedings — rather than a patent trial practice (firm IP page). Its substantive depth sits in toxic tort/asbestos, product liability, insurance coverage, mass torts and class actions, commercial and construction litigation, energy/mining, and white-collar defense. The only tracked patent matter is in pharma/biologics: the aflibercept (Eylea) BPCIA litigation. There is no public evidence of Wi-Fi/standards, semiconductor, mechanical or software patent litigation work.

Side preference. Effectively defense-only, and in an ancillary capacity. The tracked record shows 1 appearance, 0 plaintiff-side and 1 defendant-side, in the role of intervenor counsel. That is consistent with the firm's self-described posture as national and regional defense counsel to large corporate clients in consolidated litigation. There is no evidence of NPE/PAE-side assertion work, and nothing suggesting plaintiff-side patent monetization.

Notable cases and outcomes. The single tracked matter is the Regeneron v. Amgen strand of In re Aflibercept Patent Litigation, 1:24-md-03103 (N.D. W. Va., Chief Judge Thomas S. Kleeh), plus the predecessor case Regeneron Pharmaceuticals, Inc. v. Mylan Pharmaceuticals Inc., 1:22-cv-00061 (N.D. W. Va.). Hendrickson & Long partner John H. Tinney, Jr. (and John K. Cecil) filed Amgen's Rule 24 motion to intervene for the limited purpose of asserting the public's First Amendment and common-law right of access to judicial records in the sealed Eylea biosimilar case — an unusual, non-merits intervention that produced a joint notice and the unsealing or redaction of numerous filings (motion, Dkt. 485/486). The firm also appears for Amgen in the preliminary-injunction proceedings in 1:24-cv-00039 and in Federal Circuit filings in that litigation (appeal No. 2024-2351). The broader case results are notable: the district court denied Regeneron's '865 patent preliminary injunction on September 24, 2024; the Federal Circuit denied an injunction pending appeal in October 2024 and affirmed on March 14, 2025, holding Amgen's self-buffering ABP 938 formulation did not infringe; Amgen launched Pavblu immediately. Amgen's lead counsel was Goodwin Procter, so H&L's contribution was West Virginia local and intervenor counsel rather than merits leadership. The firm's most prominent non-patent result is McGee v. Cole (S.D. W. Va. 2014), where it helped overturn West Virginia's same-sex marriage ban.

PTAB/IPR practice and key personnel. No public record shows any Hendrickson & Long IPR, PGR or PTAB filing or defense. The IPRs challenging the '865 patent were filed in late 2024/early 2025 by Samsung Bioepis, Formycon and Celltrion — not by Amgen — and not by this firm. On personnel: the firm's site and directories do not profile any attorney as a patent prosecutor or registered patent attorney, and none is listed in patent-specific practice areas. The attorneys with the closest connection to the tracked patent work are John H. "Jack" Tinney, Jr. (Best Lawyers since 2001; commercial litigation, product liability defense, white-collar defense — the firm's sole tracked patent-case appearance) and John K. Cecil (co-counsel on the Amgen filings, now leading the Morgantown office). Firm leadership includes founding members David K. Hendrickson and R. Scott Long, and Raj A. Shah (mass tort and class action defense).

Caveat on scope. This profile is grounded in a single tracked engagement. Describing Hendrickson & Long as having a "patent litigation practice" overstates the public record; the accurate characterization is a regional commercial litigation firm that has served as West Virginia local and intervenor counsel to Amgen in one high-profile biologics patent MDL.