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Recognized as one of the “World’s Leading Patent Professionals” and a “Top Ranked Intellectual Property Attorney,” Evan Diamond is a highly-regarded trial attorney and strategic advisor with deep experience in high-stakes intellectual property and contractual disputes, in the US and globally.  With an advanced degree and graduate research experience in chemistry and biochemistry, Evan represents companies and academic institutions across the pharmaceutical, biotechnology, medical device, chemical, and cannabis fields — with a no-loss record protecting products with hundreds of millions or billions of dollars in revenue, and defending clients from hundreds of millions of dollars in alleged damages.

Evan has substantial experience representing life sciences and chemical industry clients in patent disputes in US federal district court, the Patent Trial and Appeal Board, and appeals before the Federal Circuit, as well as overseeing complex contractual and licensing disputes with multi-national forum litigation and international arbitration components.  Evan also provides strategic counseling and early dispute services to efficiently realize his clients’ business goals — including pre-litigation preparation and strategy, and negotiating favorable licensing deals.  Evan’s practice further includes representing life sciences companies at the intersection of the US Food & Drug Administration (FDA) and US patent rights, including representing innovators through trial and appeal in Hatch-Waxman and BPCIA disputes, and providing strategic advice on a broad range of related FDA matters.

Evan also speaks and writes extensively on new developments impacting the life sciences industry and intellectual property law in the US and globally, and is regularly sought by leading legal and industry publications for his views on breaking news and trends.

Evan is an active supporter of diversity, equity and inclusion initiatives, including serving as the partner liaison and co-lead of the Mental Heath and Disabilities affinity group at King & Spalding.

Full Bio

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

Super Lawyers Rising Stars


2015-2017

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Recognition

Super Lawyers Rising Stars


2015-2017

Matters

Successfully defended Alexion AstraZeneca Rare Disease against biosimilar challenger – litigating and favorably resolving three inter partes review (IPR) proceedings relating to SOLIRIS®, Alexion’s blockbuster treatment for rare blood and neuromotor diseases ($4 billion/year)

Secured federal district court win for Jazz Pharmaceuticals and GW Pharma (W.D. Tex., Judge Albright), defeating claims that GW’s manufacture and importation of EPIDIOLEX® (cannabidiol oral solution), a blockbuster treatment for rare childhood-onset epilepsy conditions, allegedly infringed a patented process for extracting CBD and THC from cannabis plant material

Protected Galderma’s ORACEA® for 13 years in federal district court (D. Del.) and the Federal Circuit against repeated patent challenges from multiple ANDA and 505(b)(2) competitors, including by obtaining permanent injunctions following three district court trials; obtaining preliminary injunction against a generic not subject to 30-month stay; winning rare “doctrine of equivalence” infringement judgments at trial against competitors with purported “design-around” formulations; and securing Federal Circuit affirmance of all appealed trial wins

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Matters

Successfully defended Alexion AstraZeneca Rare Disease against biosimilar challenger – litigating and favorably resolving three inter partes review (IPR) proceedings relating to SOLIRIS®, Alexion’s blockbuster treatment for rare blood and neuromotor diseases ($4 billion/year)

Secured federal district court win for Jazz Pharmaceuticals and GW Pharma (W.D. Tex., Judge Albright), defeating claims that GW’s manufacture and importation of EPIDIOLEX® (cannabidiol oral solution), a blockbuster treatment for rare childhood-onset epilepsy conditions, allegedly infringed a patented process for extracting CBD and THC from cannabis plant material

Protected Galderma’s ORACEA® for 13 years in federal district court (D. Del.) and the Federal Circuit against repeated patent challenges from multiple ANDA and 505(b)(2) competitors, including by obtaining permanent injunctions following three district court trials; obtaining preliminary injunction against a generic not subject to 30-month stay; winning rare “doctrine of equivalence” infringement judgments at trial against competitors with purported “design-around” formulations; and securing Federal Circuit affirmance of all appealed trial wins

Obtained victory for clients Galderma and Supernus in the first three IPR Final Written Decisions for Orange Book patents, upholding all challenged claims on patents covering ORACEA®, Galderma’s flagship rosacea treatment (>$3 billion since launch)

Protected US pharmaceutical company against potential patent infringement liability in advance of its first US product launch, negotiating a royalty-free license to competitor’s Orange Book listed patent portfolio, and securing assumption of license by competitor’s acquirer in bankruptcy proceedings

Successfully defended Jacobus Pharmaceutical Co. in federal district court (D.N.J.) against patent infringement allegations concerning Jacobus’s rare disease treatment RUZURGI®

Represented Jazz Pharmaceuticals and GW Pharma against former research collaboration partner in a complex, global multi-forum contractual and patent royalty dispute relating to Jazz’s blockbuster product EPIDIOLEX®, including in international arbitration, the UK Patents Court (credited as an expert in New York and US patent law), and New York Supreme Court

Won federal district court trial (D.N.J.) for Merck, upholding validity of key patent regarding Merck’s EMEND® for Injection (treatment for nausea and vomiting caused by chemotherapy) against generic competitor’s obviousness allegations regarding “prodrug” technology

Protected market exclusivity for other drug products with millions or billions in annual US sales, including successfully litigating and obtaining favorable settlements in cases regarding LEXAPRO® (Forest Labs and Lundbeck), NAMENDA® (Forest Labs and Merz), TARGRETIN® (Eisai and Bausch Health), and AMITIZA® (Sucampo)

Matters

Successfully defended Alexion AstraZeneca Rare Disease against biosimilar challenger – litigating and favorably resolving three inter partes review (IPR) proceedings relating to SOLIRIS®, Alexion’s blockbuster treatment for rare blood and neuromotor diseases ($4 billion/year)

Secured federal district court win for Jazz Pharmaceuticals and GW Pharma (W.D. Tex., Judge Albright), defeating claims that GW’s manufacture and importation of EPIDIOLEX® (cannabidiol oral solution), a blockbuster treatment for rare childhood-onset epilepsy conditions, allegedly infringed a patented process for extracting CBD and THC from cannabis plant material

Protected Galderma’s ORACEA® for 13 years in federal district court (D. Del.) and the Federal Circuit against repeated patent challenges from multiple ANDA and 505(b)(2) competitors, including by obtaining permanent injunctions following three district court trials; obtaining preliminary injunction against a generic not subject to 30-month stay; winning rare “doctrine of equivalence” infringement judgments at trial against competitors with purported “design-around” formulations; and securing Federal Circuit affirmance of all appealed trial wins

See more
Icon close

Close

Matters

Successfully defended Alexion AstraZeneca Rare Disease against biosimilar challenger – litigating and favorably resolving three inter partes review (IPR) proceedings relating to SOLIRIS®, Alexion’s blockbuster treatment for rare blood and neuromotor diseases ($4 billion/year)

Secured federal district court win for Jazz Pharmaceuticals and GW Pharma (W.D. Tex., Judge Albright), defeating claims that GW’s manufacture and importation of EPIDIOLEX® (cannabidiol oral solution), a blockbuster treatment for rare childhood-onset epilepsy conditions, allegedly infringed a patented process for extracting CBD and THC from cannabis plant material

Protected Galderma’s ORACEA® for 13 years in federal district court (D. Del.) and the Federal Circuit against repeated patent challenges from multiple ANDA and 505(b)(2) competitors, including by obtaining permanent injunctions following three district court trials; obtaining preliminary injunction against a generic not subject to 30-month stay; winning rare “doctrine of equivalence” infringement judgments at trial against competitors with purported “design-around” formulations; and securing Federal Circuit affirmance of all appealed trial wins

Obtained victory for clients Galderma and Supernus in the first three IPR Final Written Decisions for Orange Book patents, upholding all challenged claims on patents covering ORACEA®, Galderma’s flagship rosacea treatment (>$3 billion since launch)

Protected US pharmaceutical company against potential patent infringement liability in advance of its first US product launch, negotiating a royalty-free license to competitor’s Orange Book listed patent portfolio, and securing assumption of license by competitor’s acquirer in bankruptcy proceedings

Successfully defended Jacobus Pharmaceutical Co. in federal district court (D.N.J.) against patent infringement allegations concerning Jacobus’s rare disease treatment RUZURGI®

Represented Jazz Pharmaceuticals and GW Pharma against former research collaboration partner in a complex, global multi-forum contractual and patent royalty dispute relating to Jazz’s blockbuster product EPIDIOLEX®, including in international arbitration, the UK Patents Court (credited as an expert in New York and US patent law), and New York Supreme Court

Won federal district court trial (D.N.J.) for Merck, upholding validity of key patent regarding Merck’s EMEND® for Injection (treatment for nausea and vomiting caused by chemotherapy) against generic competitor’s obviousness allegations regarding “prodrug” technology

Protected market exclusivity for other drug products with millions or billions in annual US sales, including successfully litigating and obtaining favorable settlements in cases regarding LEXAPRO® (Forest Labs and Lundbeck), NAMENDA® (Forest Labs and Merz), TARGRETIN® (Eisai and Bausch Health), and AMITIZA® (Sucampo)

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

Super Lawyers Rising Stars


2015-2017

Icon close

Close

Recognition

Super Lawyers Rising Stars


2015-2017