Jeffrey B. Elikan

Jeffrey B. Elikan is a partner in Covington’s Intellectual Property Litigation Group and is based out of the firm’s Washington, DC office.

As a litigator, Mr. Elikan has represented clients in the pharmaceutical, chemical, and other industries on patent matters involving pharmaceutical products, medical devices, and software.

For the past 15 years, his practice has focused on pharmaceutical patent litigation for clients that include Fougera, Janssen and other Johnson & Johnson companies, Wyeth, Shire Laboratories, and GlaxoSmithKline.

Mr. Elikan has substantial patent trial experience, including a leading role in the successful trial of a pharmaceutical patent infringement case that lasted for more than two months.

His background also includes extensive experience in complex civil litigation, including antitrust and breach of contract; appellate work relating to patent litigation; and criminal defense work.

He serves as Chair of the firm’s Technology Steering Committee.

Representative Matters

• Representation of Shire Laboratories in the Southern District of New York in ANDA cases brought against Barr, Mylan, and Lupin concerning Shire’s Fosrenol® product.  Our client has reached favorable settlements with Barr and Mylan, and the case against Lupin is pending.
• Representation of Shire Laboratories in the Southern District of New York in a patent infringement and breach of contract action against Watson.  This case, which concerns Shire’s ADDERALL XR® product for the treatment of ADHD, is pending.
• Representation of Fougera Pharmaceuticals in the District of New Jersey in an ANDA case brought against Tolmar concerning Fougera’s Solaraze® product, which is indicated for the treatment of actinic keratosis.
• Representation of Fougera Pharmaceuticals in the District of New Jersey in a declaratory judgment action brought against GlycoBioSciences This case involves Fougera’s Solaraze® product.
• Representation of Ortho-McNeil in the Northern District of West Virginia and the Court of Appeals for the Federal Circuit in an ANDA case brought against Mylan concerning Ortho’s LEVAQUIN® antibacterial product. Ortho-McNeil prevailed in the district court, (Ortho-McNeil Pharmaceuticals, Inc. v. Mylan Laboratories, Inc., 348 F. Supp. 2d 713 (N.D. W. Va. 2004)), and the Federal Circuit affirmed the district court decision in a per curiam decision.
• Representation of Ortho-McNeil in the District of New Jersey in an ANDA case brought against Lupin Limited and Lupin Pharmaceutical concerning Ortho’s LEVAQUIN® antibacterial product.  The district court granted summary judgment in favor of Ortho, and the Federal Circuit affirmed.
• Representation of Shire Laboratories in the District of New Jersey and the Southern District of Florida in an ANDA case brought against Andrx and Watson concerning Shire’s ADDERALL XR® product.  The case concluded with a settlement favorable to our client.
• Representation of GlaxoSmithKline in the District of Maryland, the Federal Circuit, and the Supreme Court in patent litigation brought by Classen Immunotherapies involving immunization methods and schedules.
• Representation of Janssen in the District of New Jersey in ANDA cases brought against Watson, Mylan, Famy Care, and Sun relating to a patent covering ORTHO TRI-CYCLEN® LO, an oral contraceptive.  These cases are pending.
• Representation of Ortho-McNeil in the District of New Jersey in an ANDA case brought against Barr relating to a patent covering ORTHO TRI-CYCLEN® LO.  After we obtained a preliminary injunction against Barr, the case concluded with a settlement favorable to our client.
• Representation of Validus in the District of Delaware in an ANDA case brought against Actavis concerning Validus’s EQUETRO® product for the treatment of bipolar disorder.
• Representation of Manheim Auctions Inc. in the Northern District of Georgia in a patent infringement case brought by Auction Management Solutions, Inc. relating to a patent covering integration of live and remote bidders at an auction site.  The district court granted summary judgment to Manheim on numerous grounds, including invalidity based on prior public use and non-infringement, and the Federal Circuit affirmed.

Pro Bono

• Representation of defendants on charges of murder and attempted murder in the Circuit Courts of Montgomery and Prince George’s County, Maryland.
• Successful representation of asylum applicants from various countries, including Ukraine and Cote D’Ivoire.
• Representation of Russian immigrants in citizenship proceedings.
• Representation of plaintiff in a case alleging police misconduct.

Publications and Speeches

• "An Unofficial Legislative History of the Biologics Price Competition and Innovation Act of 2009," Food and Drug Law Journal (With permission from FDLI) (12/6/2010), Co-Author
• "Health Care Reform: Biosimilars Licensing and Reimbursement," Covington E-Alert (4/12/2010), Co-Author
• "Seagate Technology: The Federal Circuit Establishes a New Standard for Willful Infringement and Limits the Scope of Waiver of Attorney-Client Privilege and Work Product Doctrine," Covington E-Alert (8/22/2007), Co-Author