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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.
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
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
September 1, 2021
“Purple Book” Patent Listing Under Biological Product Patent Transparency Act: What Is Required, and What to Expect?
June 7, 2021
Update on the Proposed TRIPS Waiver at the WTO: Where is it Headed, and What to Expect?
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
September 1, 2021
“Purple Book” Patent Listing Under Biological Product Patent Transparency Act: What Is Required, and What to Expect?
June 7, 2021
Update on the Proposed TRIPS Waiver at the WTO: Where is it Headed, and What to Expect?
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