is an associate in the Intellectual Property group in Axinn’s New York office. Jonathan was a Summer Associate with Axinn in 2017. His practice focuses on litigation, especially patent litigation. Jonathan also assists clients with regulatory issues.
For more information or to contact Jonathan, please visit his Firm Profile Page.
In most respects, the widely reported patent complaint recently filed against Gilead is perfectly ordinary. It was filed in the U.S. District Court for the District of Delaware, the most common venue for patent infringement lawsuits, and alleged that a pharmaceutical company’s drug sales infringed the plaintiff’s patents on uses of the sold drug. The defendant’s response has so far been similarly unexceptional: Gilead has filed petitions for Inter Partes Review (IPR) of each asserted patent (see links below), arguing that those patents are invalid over the prior art, either as obvious or as entirely anticipated. What is remarkable about this lawsuit, however, is that the plaintiff is the government of the United States.