Navigating Reform, Strategy, and Risk Amid USPTO Change

• Salix v. Norwich: After a bench trial, obtained judgment of invalidity on asserted claims in two patent families relating to the blockbuster drug Xifaxan®. This led to a halt in trading of the plaintiff’s parent company’s stock, which dropped more than 50% after the judge’s decision was announced.
• Philips v. Thales: Following a one-week ITC bench trial, prevailed in establishing that all twenty asserted claims from four patents relating to cellular communication technology were unenforceable and not infringed.
• Cosmo v. Alvogen: Obtained a judgment of non-infringement on behalf of Alvogen after the first day of a scheduled one-week bench trial and obtained summary affirmance of our trial victory from the Federal Circuit, as well as an award of attorneys’ fees from the district court.
• Synthes (subsidiary of Johnson & Johnson) v. Globus: Obtained a jury verdict that three of Synthes’ patents were infringed and valid, and an award of $16 million in damages.

• Synthes v. Bonutti: Filed five IPR petitions on behalf of Synthes; within five months of filing, Axinn leveraged those petitions to obtain a favorable settlement of a patent infringement litigation
• Par Pharmaceutical v. Horizon: On behalf of Par, Axinn obtained an IPR Final Written Decision invalidating Horizon’s patent on methods of treating urea cycle disorders.

• Powerweb v. Hubbell: Defended Hubbell against a $2 billion trade secret misappropriation claim brought by Powerweb. Axinn obtained summary judgment that eliminated more than 99.5% of Powerweb’s damages claims.
• CHT-P+W Software v. Evolution1: On behalf of Evolution1 (now known as WEX Health), Axinn successfully compelled CHT to arbitrate its trade secret misappropriation claim, rather than litigating in a California state court. Forcing the dispute into arbitration provided WEX Health with a strategic advantage by removing CHT’s leverage due to litigation costs and unpredictability. 

• Watson Laboratories v. FDA: In a case involving a generic version of the multi-billion dollar product Actos®, obtained a court order that has been described as the first time ever that a district court has ordered FDA to approve a drug product.
• Mylan and Watson v. FDA: In the Fourth Circuit Court of Appeals, Axinn successfully challenged FDA’s decision to grant 180-day marketing exclusivity to another generic company for the blockbuster drug Celebrex®.

 The World’s Leading Patent Professionals

• Practice ranking: California and New York Litigation
• Individual rankings: Matthew Becker, Aziz Burgy, Brian Johnson, and Matthew Murphy

• Recommended Firm for Hatch-Waxman Patent Litigation
• “Life Sciences Stars” individual rankings: Matthew Becker, Aziz Burgy

• Recommended Firm in Connecticut for intellectual property
• Individual rankings:  Matt Becker, Aziz Burgy, Ted Mathias, Denise Plunkett, Craig Reiser, and Thomas Rohback 

• 500 Leading Global IP Lawyers” list for 2025