This website uses cookies. For more information please contact us or consult our privacy policy.

Your binder contains too many pages, the maximum is 40.

We are unable to add this page to your binder, please try again later.

This page has been added to your binder.

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

Jeffrey Elikan is a seasoned patent litigator with experience handling the full spectrum of his clients’ intellectual property needs.  His successful representations include positive resolutions of pharmaceutical patent litigation, including on behalf of clients such as Warner Chilcott, Johnson & Johnson, Fougera, and Shire.  He has substantial trial experience— averaging a trial per year for the last four years, including experience as a first chair and has won favorable judgments, preliminary injunctions, and negotiated dozens of favorable settlements throughout his career.

  • Secured a major bench trial victory for Indivior in a bet-the-company patent litigation dispute relating to the company’s billion dollar Suboxone® Film product.
  • 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 our client 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.
  • 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.  We obtained a judgment upholding the validity of the patent-in-suit in favor of our client; 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.
  • 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.  The case is currently pending in the District of Maryland.
  • 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 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 Ortho Tri-Cyclen®, an 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 Ortho-Novum 7/7/7®, an 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 and Cote D’Ivoire.
  • Representation of Russian immigrants in citizenship proceedings.
  • Representation of plaintiff in a case alleging police misconduct.
  • 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 (2013-2016)
  • LMG Life Sciences, “Life Science Star” (2012-2013)
  • Legal 500 US, Intellectual Property - Patent Litigation (2012)