Howard W Levine
Partner Intellectual Property, Media, and Technology
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Overview
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Experience
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Credentials
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Insights and events
Howard W. Levine focuses his practice on complex intellectual property litigation in the pharmaceutical and biotechnology sectors. Howard has been lead counsel in district court litigations throughout the country and in appeals before the U.S. Court of Appeals for the Federal Circuit. Over the last 30 years, he has represented companies on their most valuable matters and has been at the forefront of legal developments in this space, including precedent concerning the written description requirement under 35 U.S.C. § 112. Howard is recognized across the market as a leader in the industry, consistently ranked by LMG Life Sciences.
Howard represents clients from both the pharmaceutical and biotechnology industries on an array of technologies. Notably, he was involved in successful litigation regarding the first biotechnology product to be marketed, human insulin, among Eli Lilly, Genentech and the Regents of the University of California. Howard also has extensive experience in cases arising from the filing of Abbreviated New Drug Applications (ANDAs). Some prominent products Howard provided litigation counsel on include, Humulin®, Humatrope®, Zantac®, Paxil®, Evista®, Xigris®, Cymbalta®, Gemzar®, Differin®, Savella®, Saphris®, Fetzima®, Bunavail® and Belbuca®.
Representative experience
Represented Allergan and Forest Laboratories in multiple Hatch-Waxman litigations against defendants seeking to prematurely launch generic versions of Saphris® and Savella®.
Represented BDSI in Hatch-Waxman litigation against Alvogen seeking to launch generic versions of Belbuca® for the treatment of chronic pain, both at trial and on appeal before the Federal Circuit.
Represented DuPont de Nemours, Inc. (“DuPont”) in multiple district court litigations and Federal Circuit appeals concerning flexographic printing technology.
Represented DuPont in post-trial proceedings and before the Federal Circuit concerning commercial enzyme technology and the application of the written description requirement of 35 U.S.C. § 112.
Represented Eli Lilly at trial and before the Federal Circuit, including representing Lilly in the landmark Ariad en banc rehearing concerning the written description requirement of 35 U.S.C. § 112.
Represented Eli Lilly against defendants seeking to prematurely launch generic versions Cymbalta®, Lilly’s blockbuster drug for the treatment of depression.
Represented Syngenta in multiple district court litigations and before the Federal Circuit concerning genetically engineered crops, including successfully obtaining summary judgment on their behalf.
Credentials
- Juris Doctor, Georgetown University Law Center, cum laude, 1993
- Bachelor of Arts, Duke University, cum laude, 1990
- District of Columbia
- U.S. District Court, District of Columbia
- New York
- U.S. Court of Appeals for the Federal Circuit
- U.S. Supreme Court
- U.S. Patent & Trademark Office