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Jeffrey Elikan
Jeffrey B. Elikan
Partner
Washington +1 202 662 5597 jelikan@cov.com Download V-card

Jeff Elikan is a seasoned patent litigator with substantive trial experience, achieving successful outcomes for clients in a broad range of cases. In particular, Mr. Elikan is sought after for the depth of his experience in handling Hatch-Waxman cases. These representations have involved more than 20 different product franchises in therapeutic areas ranging from antibiotics and oral contraceptives to gastrointestinal and psychiatric medications. He has achieved positive resolutions of pharmaceutical patent litigation for clients such as UCB, Allergan, Shire, Johnson & Johnson, and Fougera, among others.

  • Secured a victory for Shire LLC against Abhai, LLC, a generic drug company, in a bench trial in the District of Massachusetts involving Shire’s Adderall XR® product for the treatment of ADHD. The victory, which included an award of sanctions against Abhai, is the only Adderall XR® patent case that proceeded to final judgment.
  • Secured a victory on behalf of UCB at trial against generic drug companies in the District of Delaware. More than a dozen companies contended that the patent covering UCB’s anti-epileptic drug, Vimpat®, was invalid. The court ruled in UCB’s favor in a 95-page opinion.
  • Secured a bench trial victory for Indivior in a bet-the-company patent litigation dispute in the District of Delaware relating to the company’s billion dollar Suboxone® Film product. Continues to represent Indivior in related litigation against numerous generic drug companies in various district courts throughout the country.
  • After a week-long trial in the District of New Jersey, obtained a judgment upholding the validity of the patent covering Lo Loestrin®, an oral contraceptive, on behalf of Warner Chilcott. The judgment was subsequently upheld in a unanimous decision by the Federal Circuit.
  • Represented Warner Chilcott in a trial in the District of New Jersey challenging the validity of the patent covering the Generess® chewable oral contraceptive product.
  • Represented Warner Chilcott in a trial in the District of New Jersey challenging the validity of the patent covering Atelvia®, a treatment for osteoporosis.
  • Successfully represented Janssen in:
    • a week-long trial in the District of New Jersey in an ANDA case relating to a patent covering Ortho Tri-Cyclen® Lo, an oral contraceptive; and
    • in the District of New Jersey in ANDA cases brought against Watson, Sandoz, Mylan, Famy Care, Glenmark, and Haupt relating to a patent covering Ortho Tri-Cyclen® Lo.
  • Obtained a preliminary injunction on behalf 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.
  • Successful representation of GlaxoSmithKline in the District of Maryland and the Federal Circuit in patent litigation brought by Classen Immunotherapies involving immunization methods and schedules.
  • Representation of Shire Laboratories in:
    • the District of New Jersey in patent infringement litigation against Amerigen, Par, and CorePharma involving Shire’s Adderall XR®. Our client reached a favorable settlement against Amerigen in the middle of trial, and against Par and CorePharma earlier in the litigation;
    • the Southern District of New York in ANDA cases brought against Barr, Mylan, and Lupin concerning Shire’s Fosrenol® product. Our client reached favorable settlements with Barr, Mylan, and Lupin;
    • the Southern District of New York in a patent infringement and breach of contract action against Watson. The case concerned Shire’s Adderall XR® product for the treatment of ADHD; and
    • 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 AstraZeneca in Hatch-Waxman patent litigation in the District of Delaware against Barr and Mylan concerning Entocort® EC, used for the treatment of Crohn’s disease.
  • 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; and
    • the District of New Jersey in a declaratory judgment action brought against GlycoBioSciences. This case involves Fougera’s Solaraze® product.
  • Representation of Merck in Inv. No. 337-768, In re Certain Vaginal Ring Birth Control Devices, as well as parallel district court litigation. Complainant/Plaintiff dismissed its complaint in the ITC, as well as in the Eastern District of Virginia.
  • 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;
    • 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;
    • in the District of New Jersey in an ANDA case brought against Barr relating to a patent covering the Ortho Tri-Cyclen® oral contraceptive. The case concluded with a settlement favorable to our client; and
    • in the District of New Jersey in an ANDA case brought by Barr relating to a patent covering the Ortho-Novum 7/7/7® oral contraceptive. The case concluded with a settlement favorable to our client.
  • Representation of Wyeth in the District of Delaware in an ANDA case brought against Watson concerning Wyeth’s Lybrel® oral contraceptive product.
  • Representation of Johnson & Johnson subsidiary Janssen-Ortho in Ontario, Canada Federal Court supervising patent litigation brought by Novopharm relating to Levaquin®. After a full trial on the merits, the trial court awarded Janssen-Ortho with damages and injunctive relief. The Federal Court of Appeal subsequently affirmed.
  • 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.
  • Representation of Interstar Materials, Inc. in the Northern District of Illinois in a patent infringement case relating to a patent covering methods for dyeing concrete. The case concluded with a settlement favorable to our client. The case concluded with a settlement favorable to our client.
  • Representation of PACCAR Inc in the District of Maryland in a patent infringement case relating to a patent covering technology for reducing aerodynamic drag on tractor-trailers.

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, Russia, and Cote D’Ivoire.
  • LMG Life Sciences, “Life Science Star”
  • One of 30 patent litigators named to BTI’s “Client Service All-Stars 2016” list by General Counsels and In-House Lawyers.”
  • Washington DC Super Lawyers, Intellectual Property Litigation (2013-2018)
  • Legal 500 US, Intellectual Property - Patent Litigation (2012)