Laura A. Lydigsen
Shareholder
Overview

“My goal is always to exceed my clients’ expectations.”

Laura is the chair of the firm’s appellate practice group. Her practice includes intellectual property litigation at both the district court and appellate level, with a focus on pharmaceuticals, biotechnology, and medical devices.

Laura has extensive experience in representing generic pharmaceutical companies in Hatch-Waxman pharmaceutical litigation. She has appeared in litigations and/or Patent Trial Appeal Board proceedings involving over a dozen different drug products and assisted clients with regulatory and pre-litigation strategy for many other drug products. She recognizes that a winning strategy in pharmaceutical litigation must be paired with good regulatory and business strategies and assists her clients in achieving all three.

Laura has been involved in all stages of appeals before the Federal Circuit across a wide range of technologies, including appeals involving pharmaceuticals, biotechnology, medical devices, automotive technology, and insurance. She has written briefs in dozens of Federal Circuit appeals, including complex multi-patent appeals stemming from decisions of the Patent Trial and Appeal Board (“PTAB”) in post-grant proceedings established under the America Invents Act. Laura also has experience representing pro bono a U.S. Veteran and a widow of a U.S. Veteran in appeals from adverse benefits decisions of the U.S. Court of Appeals for Veterans Claims.

Prior to joining Brinks, Laura worked as a law clerk to the Honorable Alvin A. Schall at the United States Court of Appeals for the Federal Circuit and the Honorable Ruben Castillo at the United States District Court for the Northern District of Illinois.

Education
  • J.D.,
    Washington University School of Law, 2005
  • B.A., Biological Sciences, cum laude
    Wellesley College, 2002
Bar Admissions
  • Illinois
  • Supreme Court of the United States
  • U.S. Court of Appeals, Fed. Cir.
  • U.S. Court of Appeals, Vet. Claims
  • U.S. Dist. Court, N.D. Illinois
  • U.S. Dist. Court, S.D. Indiana
Technical Background
  • Biopharma
Experience | Clerkships & Internships

U.S. District Court for the Northern District of Illinois, Chicago, IL, Law Clerk to the Honorable Ruben Castillo, September 2006-December 2006

U.S. Court of Appeals for the Federal Circuit, Washington, DC, Law Clerk to the Honorable Alvin A. Schall, September 2005-August 2006

Experience | Teaching

Coach, Loyola University School of Law, Saul Lefkowitz Moot Court Team (2014-2016)

Coach, Loyola University School of Law, Giles Rich Moot Court Team (2013-2014)

Presentations
  • "PTAB Pharmaceutical Patent Invalidity Round-Up: Update on Wins, Losses and Appeals," ACI Paragraph IV Disputes Conference, New York, NY, April 14-25, 2017
  • Co-Chair, “Linn Inn 11th Annual Advocacy Challenge,” Chicago, IL, April 13, 2017
  • Moderator, “Nuts and Bolts of the Federal Circuit Practice,” FCBA Rules Committee Webcast Featuring Question and Answer Session with the Federal Circuit Clerk’s Office, Washington, DC, December 13, 2016
  • Moderator, "Claim Construction in the PTAB and District Courts," Federal Circuit Bar Association, John Marshall School of Law, April 28, 2016
  • "FDA's Proposed Hatch-Waxman Updates – Implications for Generics and Beyond," Northwestern Journal of Technology and Intellectual Property Symposium, Northwestern School of Law, Chicago, IL, March 11, 2016
  • “PTO Proceedings Retrospect: Exploring the Growing Use of IPR, PGR and CBM Review in Hatch-Waxman Litigation,” ACI Paragraph IV Disputes Conference, New York, April 27-28, 2015
  • "Understanding the Importance of Abiding by Local Rules: A Magistrate Judge's Perspective," ACI Paragraph IV Disputes Master Symposium, September 30, 2014
  • "Of Customs and Courts: The Importance of Mastering the Requirements of Local Patent Rules in Paragraph IV Disputes," ACI's Paragraph IV Disputes Master Symposium, Chicago, IL, October 3, 2013
  • Co-Chair, “Linn Inn of Court’s IP Jeopardy!,” Chicago, IL, September 19, 2013
  • Moderator, “Nuts and Bolts of the Federal Circuit’s Electronic Case Filing (ECF) System," FCBA Rules Committee Webcast Featuring Question and Answer Session with the Federal Circuit Clerk's Office, Washington, DC, April 15, 2013
  • “Trends at the United States Court of Appeals for the Federal Circuit,” Pharma IPR India Conference, Mumbai, India, April 2013
  • "The Question of Inequitable Conduct: Therasense, Inc. v. Becton, Dickinson & Co.," Federal Circuit Roundtable, Loyola University Chicago School of Law, April 7, 2011
  • "The New Law Under In re Bilski: Are Your Process Patents Now Invalid?," Utah Technology Council (UTC) Industry Luncheon, Salt Lake City, Utah, December 3, 2008
Representative Matters
  • Eli Lilly & Co. v. Sandoz Inc., IPR2016-00318 (PTAB 2015-present).  Counsel for client in challenge to an Orange Book-listed patent for pemetrexed, which is marketed by Eli Lilly & Co. as Alimta®.

  • Mitsubishi Tanabe Pharma Corp. et al. v. Sandoz Inc. et al., No. 3:17-cv-5319 (D.N.J. 2017-present).  Representing claim in Hatch-Waxman litigation related to canagliflozin, which is sold by Janssen as Invokana® and Invokamet®.

  • Horizon Pharma Ireland Limited et al. v. Actavis Laboratories UT, Inc., No. 14-7992 (D.N.J. 2014-2017). Represented client in Hatch-Waxman litigation related to diclofenac sodium topical solution 2% w/w, which is sold by Horizon as Pennsaid 2% w/w.

  • Sanofi-Aventis U.S. LLC et al. v. Sandoz Inc., No. 3:16-cv-5678 (D.N.J. 2016-present).  Representing client in Hatch-Waxman patent litigation relating to cabazitaxel, which is sold under the brand name Jevtana®.

  • In re LifeWatch Technologies Ltd., No. 2017-1652 (Fed. Cir. 2017-present).  Representing client in appeal from ex parte reexamination decision at the Patent Trial and Appeal Board.

  • Gramm v. Deere & Co., Nos. 2017-1252, -1253 (Fed. Cir. 2017-present).  Representing client in defending decisions of the Patent Trial and Appeal Board invalidating a patent.

  • Leak Surveys, Inc. v. FLIR Systems, Inc., No. 2016-1299 (Fed. Cir. 2015-2017). Represented client in successfully defending the Patent Trial and Appeal Board’s judgment of invalidity for two patents relating to infrared (IR) camera systems that can be used in the detection and identification of chemicals, gas, and petroleum products.  The Federal Circuit issued an affirmance in favor of the client under Fed. Cir. R. 36 on January 10, 2017.

  • Wasica Finance GmbH et al. v. Continental Automotive Systems, Inc. et al., 853 F.3d (Fed. Cir. 2017). Represented patent challenger in appeal from Patent Trial and Appeal Board involving a system for detecting tire pressure.  The Federal Circuit affirmed the PTAB’s decision invalidating claims 1-5, 10-19 and 21, and reversed-in-part in invalidating an additional claim (claim 9) that the PTAB had found not invalid.

  • AstraZeneca Pharmaceuticals LP v. Burwell, No. 1:16-cv-1336 (D.D.C. 2016).  Representing intervenor in defending against a motion for a temporary restraining order in which AstraZeneca sought to enjoin approval of the client’s ANDA for rosuvastatin calcium, which AstraZeneca markets as Crestor®, based on issues related to labeling carve outs related to orphan drug exclusivity and pediatric indications.

  • Sequenom, Inc. v. Ariosa Diagnostics, Inc., No. 15-1182 (S. Ct. 2016).  Submitted amicus brief to the Supreme Court on behalf of client in support of Sequenom, Inc.’s petition for certiorari.

  • AstraZeneca LP et al v. Hisun Pharmaceutical (Hangzhou) Co., Ltd. et al., No. 1:15-cv-1042 (D. Del. 2015-2016).  Represented client in Hatch-Waxman patent litigation relating to ticagrelor, which is sold under the brand name Brilinta®.

  • Boehringer Ingelheim Pharma GmbH et al. v. Sandoz Inc. et al., No. 1:15-cv-7461 (D.N.J. 2015-2016).  Represented client in Hatch-Waxman patent litigation relating to extended release dipyridamole/acetylsalicylic acid (aspirin) capsules, which are sold by Boehringer Ingelheim under the brand name Aggrenox®.

  • Indivior Inc. et al. v. Sandoz Inc., No. 1:15-cv-1051 (D. Del. 2015-2016).  Represented client in Hatch-Waxman patent litigation relating to buprenorphine HCl/naloxone HCl sublingual film, which is sold by Indivior under the brand name Suboxone® film.

  • AstraZeneca AB v. Actavis Laboratories FL, Inc. et al., No. 14-664 (D. Del. 2014-2017).  Represented client in multi-defendant Hatch-Waxman patent litigation involving the diabetes drug saxagliptin, sold by AstraZeneca as Onglyza® and Kombiglyze®.

  • Ateliers De La Haute-Garonne v. Broetje Automation, USA Inc., et al., No. 1:09-cv-598 (D. Del. 2014-2016).  Counsel for client in suit involving trademark and patent issues pertaining to riveting systems.

  • Eli Lilly & Co. v. Sandoz Inc., No. 14-2008 (S.D. Ind. 2014-present).  Counsel for client in Hatch-Waxman litigation involving pemetrexed, which is marketed by Eli Lilly & Co. as Alimta®.

  • Lawson v. Gibson, No. 14-7059 (Fed. Cir. 2014-2016). Lead counsel for a veteran appealing a benefits decision of the United States Court of Appeals for Veterans Claims.

  • Liberty Mutual Insurance Co. v. Progressive Casualty Insurance Co., Nos. 2014-1538, -1549 (Fed. Cir. 2014-2015).  Represented client in appeals from Patent Trial and Appeal Board involving online servicing technology, which stem from some of the first covered business method patent review (“CBMPR”) proceedings instituted under the America Invents Act.

  • Liberty Mutual Insurance Co. v. Progressive Casualty Insurance Co., Nos. 2014-1446, -1586, -1636, -1637, -1639, -1656 (Fed. Cir. 2014-2015).  Represented client in appeals from Patent Trial and Appeal Board involving usage based insurance, which stem from some of the first covered business method patent review (“CBMPR”) proceedings instituted under the America Invents Act.

  • Roche Palo Alto LLC et al. v. Actavis Laboratories FL, Inc., No. 1:13-cv-1533 (D. Del. 2013-2015). Represented client in Hatch-Waxman patent litigation related to valganciclovir hydrochloride sold by Genentech as Valcyte®.

  • Salberg v. Gibson, No. 14-7049 (Fed. Cir. 2014-2015). Successfully obtained a remand for a veteran’s widow appealing a denial of benefits from the United States Court of Appeals for Veterans Claims.  

  • Trading Technologies International Inc. v. Stellar Trading Systems, Ltd. et al., No. 2012-1583 (2013-2014).  Lead counsel for one defendant group in an appeal involving patents pertaining to electronic trading.  The client settled during pendency of the appeal.

  • Apple Inc. v. Samsung Elecs. Co., No. 14-1335 (Fed. Cir. 2014), No. 15-777 (S. Ct. 2015).  Filed amicus briefs on behalf of client in support of Samsung at the Federal Circuit and Supreme Court.

  • Northgate Techs., Inc. v. Stryker Corp., et al., No. 12-7032 (N.D. Ill.) (2012-2014). Counsel for client in litigation involving a patent for an improved laparoscopic insufflator.  The case settled prior to trial scheduled before Judge Richard Posner.

  • Noven Pharmaceuticals, Inc. v. Watson Laboratories, Inc. et al., No. 11-cv-5997 (D.N.J. 2011-2014). Represented generic client in Hatch-Waxman patent litigation related to a methylphenidate transdermal patch sold by Noven as Daytrana®.  Obtained partial summary judgment rulings of non-infringement and invalidity due to inadequate written description.  The parties’ settlement permits a 2015 launch notwithstanding the 2018 expiration of the patents-in-suit.

  • Avanir Pharmaceuticals, Inc. et al. v. Watson Pharmaceuticals, Inc. et al., 11-cv-704, 12-cv-258 (D. Del. 2011-2013). Represented clients in patent litigation under the Hatch Waxman Act related to dextromethorphan hydrobromide quinidine sulfate sold by Avanir as Nuedexta®.

  • McDavid, Inc., et al. v. Nike USA, Inc. et al., Nos. 1:08-cv-6584, 13-cv-1137 (N.D. Ill.) (2013-2014). Counsel for client in patent litigation involving reissue patents pertaining to athletic apparel.

  • Abbott Laboratories, et al. v. Watson Laboratories, Inc.-Florida, et al., No. 2:10-cv-2139 (D.N.J. 2010-2012). Represented generic client in Hatch-Waxman patent litigation related to choline fenofibric acid sold by Abbott as Trilipix®.  The case settled prior to trial.

  • Transocean Offshore Deepwater Drilling, Inc. v. Maersk Contractors USA, Inc., No. 2011-1555 (Fed. Cir. 2011), No. 13-43 (S. Ct.). Represented appellee in appeal from grant of judgment as a matter of law of non-infringement and invalidity, involving patents for deepwater drilling technology. In response to appellee’s petition for certiorari, the Supreme Court called for the views of the Solicitor General (CVSG).  The case settled prior to the release of the SG’s brief.

  • In re Parker, No. 2011-1421 (Fed. Cir. 2011). Represented appellant in appeal from United States Patent Board of Patent Appeals and Interferences decision of unpatentability of patent application for a catheter sheath.

  • Abraxis Bioscience Inc. v. Navinta LLC, 625 F.3d 1359 (Fed. Cir. 2010). Successfully represented appellant in an appeal from a judgment of infringement of three patents. The Federal Circuit held that Abraxis did not have standing to bring suit and remanded with instructions to dismiss.

  • Boss v. Cabilly, No. 2009-1264 (Fed. Cir. 2010) (Interference No. 105,531). Successfully represented client in an appeal of the decision by the U.S. Patent and Trademark Office Board of Patent Appeals and Interferences that Genentech’s “Cabilly” patent application (No. 08/422,187) has priority over UCB Pharma’s “Boss” patent application (No. 08/450,727) covering recombinant DNA techniques for manufacturing antibodies. The technology is now a foundation for many top-selling cancer-treatment drugs such as Avastin®, Herceptin® and Rituxan®.

  • Lexion Medical, LLC v. Northgate Techs., Inc., No. 2009-1494 (Fed. Cir. 2009). Represented appellant in seeking review of grant of summary judgment of infringement.

  • Transocean Offshore Deepwater Drilling, Inc. v. Maersk Contractors USA, Inc., 610 F.3d 1296 (Fed. Cir. 2010). Assisted appellee in seeking rehearing en banc based on the panel’s decision holding that the location of a contemplated sale controls whether an allegedly infringing act occurs within the United States under 35 U.S.C. § 271.

  • Pfizer v. Sandoz Inc., No. 09-cv-2052 (D.N.J. 2009-2011). Litigated patents under the Hatch Waxman Act related to pregabalin sold by Pfizer as Lyrica®.

  • Eli Lilly & Co. v. Sandoz, Inc., No. 1:08-cv-1548 (S.D. Ind. 2008-2011).  Represented generic pharmaceutical client in Hatch-Waxman litigation involving duloxetine sold by Eli Lilly as Cymbalta®

  • Aventis Pharma S.A. v. Sandoz Inc., Nos. 2008-1560, -1563, -1591 (Fed. Cir. 2008). Represented appellee in an appeal from the grant of summary judgment of unenforceability based on inequitable conduct.

  • Abbott Labs. v. Sandoz Inc., 566 F.3d 1282 (Fed. Cir. 2009) (en banc in part), cert. denied, No. 09-335 (2010). Counsel in an appeal involving patents related to the antibiotic Omnicef® and generic cefdinir.

  • Janssen, L.P., et al. v. Sandoz, Inc., No. 08-2892 (D.N.J. 2008-2009).  Represented generic client in obtaining favorable claim construction decision.  Following claim construction, the parties stipulated to dismissal. 

  • Lexion Med., LLC v. Northgate Techs., Inc., 292 Fed. Appx. 42 (Fed. Cir. 2008). Represented appellant in an appeal of a district court decision on claim construction and alleged infringement of a patent concerning medical devices related to endoscopic surgery.

  • Seirus Innovative Accessories v. Do-Gree Fashions Ltd., No. 2:05-cv-355 (D. Utah 2007-2008). Represented client in multiple-patent case relating to skiwear, which settled shortly after the client received a favorable claim interpretation ruling, but before the pending motions for summary judgment of non-infringement were decided.

  • Herman Miller, Inc. v. Teknion Corp. and Okamura Corp., No. 05-cv-2761 (N.D. Ill. 2007-2008). Represented client in a patent infringement action against Teknion and Okamura relating to Herman Miller's iconic Aeron® chair. Herman Miller obtained summary judgment that the accused chair literally infringed. The case settled shortly thereafter.

  • Pequignot v. Solo Cup Co., No. 1:07-cv-897 (E.D. Va. 2007-2008). Represented client against a false patent marking claim during discovery and preparation of a summary judgment motion. The claims eventually were dismissed on summary judgment.

  • Abbott Labs. v. Sandoz Inc., 486 F. Supp. 2d 767 (N.D. Ill. 2007). Successfully defended client against request for temporary restraining order and preliminary injunction by Abbott and Astellas before Judge Wayne R. Andersen over patents relating to a polymorph of crystalline cefdinir, an antibiotic also sold as Omnicef®.

Press Releases & Events
November 13, 2017

CHICAGO—Brinks Gilson & Lione shareholders and intellectual property litigators Cynthia A. Homan and Laura A. Lydigsen have updated their industry standard reference guide, Patents and the Federal Circuit...

November 08, 2017

CHICAGO—Brinks Gilson & Lione shareholder and patent litigator Laura A. Lydigsen has been recognized as one of 40 Illinois Attorneys Under Forty to Watch on Chicago Daily Law Bulletin’s 18th annual list...

April 25, 2017
On April 25, 2017, at the ACI Paragraph IV Conference, Ralph Gabric will moderate the panel, PTAB Live: Thoughts on Practice, Procedure, IPRs and More in the World of Pharmaceutical Patent Validity Challenges, which will discuss: The ...
April 21, 2017

CHICAGO—Ralph J. Gabric and Laura A. Lydigsen, shareholders and patent litigators at intellectual property law firm Brinks Gilson & Lione, will be featured presenters at the 11th Annual ACI Paragraph IV Disputes Conference on April 25, 2017, at the Conrad New York...

September 19, 2016

On September 19, Bernie Brown will participate on a panel and Jennifer Fox will serve as a ...

April 28, 2016

Chicago - Brinks Gilson & Lione intellectual property litigators Laura A. Lydigsen ...

January 12, 2016

CHICAGO—Twenty-two attorneys at intellectual property law firm Brinks Gilson & Lione have been named to the 2016 ...

January 20, 2015
CHICAGO—Twenty-four attorneys at Brinks Gilson & Lione, one of the nation's largest intellectual property law firms, are named to the 2015 Illinois Super Lawyers list by Super Lawyers, a rating service that lists lawyers from more than ...
January 14, 2014
CHICAGO -- Brinks Gilson & Lione, one of the nation’s largest intellectual property law firms, has announced the 2014 chairpersons of its legal and industry practice groups and geographic task forces. The firm added a new practice group ...
January 02, 2014
CHICAGO—Brinks Gilson & Lione, one of the nation’s largest intellectual property law firms, announced that attorneys Laura A. Lydigsen and Douglas A. Oguss have been elected as shareholders, effective January 2014. Ms. Lydigsen ...
January 15, 2013
CHICAGO – Brinks Gilson & Lione has added four new attorneys as chairs of its firm-wide practice groups and formed two new task forces to focus on intellectual property legal services to clients in Germany and Brazil. Appointees include ...
Honors
  • 40 Illinois Attorneys Under 40 to Watch, Honoree, Law Bulletin Media, 2017
  • Illinois Super Lawyers, Intellectual Property Law, Rising Stars, 2010-2017
  • Alumni Association Prize for the highest overall G.P.A. in graduating class, Washington University School of Law
  • Order of the Coif, Washington University School of Law
  • Associate Editor, Washington University Law Quarterly (re-titled Washington University Law Review in 2006)
  • Giles Rich Moot Court Team, Midwest Regional Winner 2004
  • Samuel M. Breckinridge Practice Court Prize for excellence in moot court
  • Breckinridge Book Award for outstanding performance in Legal Research and Writing
  • CALI Excellence Awards: Legal Research and Writing, Patent Law, Patent Drafting, Bankruptcy, Constitutional Law, Civil Procedure, and Torts
Affiliations
  • Federal Circuit Bar Association, Vice-Chair Rules Committee (2011-2014), Co-Chair Rules Committee (2014-2017)
  • Linn Inn of Court, Secretary (2011-2013)
  • Intellectual Property Law Association of Chicago