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Evan Diamond is a partner on our Intellectual Property, Patent, Trademark and Copyright Litigation team. Evan focuses his practice on patent litigation matters, with an emphasis on the pharmaceutical and biotechnology industries. In federal court trials, inter partes reviews before the Patent Trial and Appeal Board, and appeals before the Federal Circuit, he has substantial experience representing pharmaceutical and life sciences technology companies through trial victory or to favorable business resolutions for products with hundreds of millions or billions of dollars in annual sales.
Evan has been acknowledged by IAM Patent 1000 as one of the "World's Leading Patent Professionals," and has been recognized for the past five years as a “Top Ranked Intellectual Property Litigation Attorney” and a “Rising Star" by Super Lawyers. Evan speaks and writes extensively on new developments impacting life sciences patents and business concerns for the industry.
Evan brings to his practice a technical background in chemistry and biochemistry, having received an M.S. from the University of Pennsylvania prior to entering the legal field.
Credentials
J.D., Harvard Law School, cum laude
B.A., University of Pennsylvania, summa cum laude, Phi Beta Kappa
M.S. in Biochemistry, University of Pennsylvania
New York
U.S. Court of Appeals for the Federal Circuit
Federal Circuit Bar Association
Member of the New York Intellectual Property Law Association, New Jersey Intellectual Property Law
PTAB Bar Association
Close
Recognition
Super Lawyers Rising Stars
2015-2017
News
In the News · Source: Law360
January 6, 2021
Evan Diamond comments on President Trump signing into law a bill that updates U.S. Food and Drug Administration regulations on patents for drugs
In the News · Source: Law360
October 7, 2020
Evan Diamond discusses the Federal Circuit’s decision to revive a $235M induced infringement verdict against Teva
Recognition
June 17, 2020
King & Spalding IP Practices and Individuals Recognized in the IAM Patent 1000 Guide
Matters
In the first three Final Written Decisions for inter partes reviews in the Hatch-Waxman context, obtained rulings from the PTAB for client Galderma upholding all challenged claims on patents covering Oracea, a multi-million dollar drug for the treatment of rosacea
Obtained preliminary injunction and then permanent injunction against launch of a generic version of Oracea, which was upheld by the Federal Circuit on appeal
Obtained favorable claim construction in second-filer Hatch-Waxman litigation regarding Oracea, resulting in withdrawal of Paragraph IV challenge before trial
See more
Close
Matters
In the first three Final Written Decisions for inter partes reviews in the Hatch-Waxman context, obtained rulings from the PTAB for client Galderma upholding all challenged claims on patents covering Oracea, a multi-million dollar drug for the treatment of rosacea
Obtained preliminary injunction and then permanent injunction against launch of a generic version of Oracea, which was upheld by the Federal Circuit on appeal
Obtained favorable claim construction in second-filer Hatch-Waxman litigation regarding Oracea, resulting in withdrawal of Paragraph IV challenge before trial
Obtained decision upholding validity of key patent in bench trial in District of New Jersey regarding Hatch-Waxman dispute for Merck's drug Emend for Injection, for nausea and vomiting due to highly emetogenic chemotherapy
Member of trial teams litigating toward favorable settlements preserving market exclusivity in cases regarding Lexapro (Forest Labs and Lundbeck), Namenda (Forest Labs and Merz), Targretin (Eisai and Valeant), and Amitiza (Sucampo)
Insights
Client Alert
Client Alert
February 12, 2021
GSK v. Teva and Induced Infringement by AB-Rated Generics: Where are we now?
Article · Source: Law360
February 3, 2021
Challenging Therapeutics IP After Fed. Circ. Drink Can Ruling
News
In the News · Source: Law360
January 6, 2021
Evan Diamond comments on President Trump signing into law a bill that updates U.S. Food and Drug Administration regulations on patents for drugs
In the News · Source: Law360
October 7, 2020
Evan Diamond discusses the Federal Circuit’s decision to revive a $235M induced infringement verdict against Teva
Recognition
June 17, 2020
King & Spalding IP Practices and Individuals Recognized in the IAM Patent 1000 Guide
Matters
In the first three Final Written Decisions for inter partes reviews in the Hatch-Waxman context, obtained rulings from the PTAB for client Galderma upholding all challenged claims on patents covering Oracea, a multi-million dollar drug for the treatment of rosacea
Obtained preliminary injunction and then permanent injunction against launch of a generic version of Oracea, which was upheld by the Federal Circuit on appeal
Obtained favorable claim construction in second-filer Hatch-Waxman litigation regarding Oracea, resulting in withdrawal of Paragraph IV challenge before trial
See more
Close
Matters
In the first three Final Written Decisions for inter partes reviews in the Hatch-Waxman context, obtained rulings from the PTAB for client Galderma upholding all challenged claims on patents covering Oracea, a multi-million dollar drug for the treatment of rosacea
Obtained preliminary injunction and then permanent injunction against launch of a generic version of Oracea, which was upheld by the Federal Circuit on appeal
Obtained favorable claim construction in second-filer Hatch-Waxman litigation regarding Oracea, resulting in withdrawal of Paragraph IV challenge before trial
Obtained decision upholding validity of key patent in bench trial in District of New Jersey regarding Hatch-Waxman dispute for Merck's drug Emend for Injection, for nausea and vomiting due to highly emetogenic chemotherapy
Member of trial teams litigating toward favorable settlements preserving market exclusivity in cases regarding Lexapro (Forest Labs and Lundbeck), Namenda (Forest Labs and Merz), Targretin (Eisai and Valeant), and Amitiza (Sucampo)
Insights
Client Alert
Client Alert
February 12, 2021
GSK v. Teva and Induced Infringement by AB-Rated Generics: Where are we now?
Article · Source: Law360
February 3, 2021
Challenging Therapeutics IP After Fed. Circ. Drink Can Ruling
News
In the News · Source: Law360
January 6, 2021
Evan Diamond comments on President Trump signing into law a bill that updates U.S. Food and Drug Administration regulations on patents for drugs
In the News · Source: Law360
October 7, 2020
Evan Diamond discusses the Federal Circuit’s decision to revive a $235M induced infringement verdict against Teva
Recognition
June 17, 2020
King & Spalding IP Practices and Individuals Recognized in the IAM Patent 1000 Guide
Credentials
J.D., Harvard Law School, cum laude
B.A., University of Pennsylvania, summa cum laude, Phi Beta Kappa
M.S. in Biochemistry, University of Pennsylvania
New York
U.S. Court of Appeals for the Federal Circuit
Federal Circuit Bar Association
Member of the New York Intellectual Property Law Association, New Jersey Intellectual Property Law
PTAB Bar Association
Close
Recognition
Super Lawyers Rising Stars
2015-2017