With 30+ years of experience, Daniel A. Ladow focuses on patent litigation and litigation-related strategic patent counseling. He has acted as lead counsel in court and USPTO proceedings involving a broad range of technologies, including Hatch-Waxman ANDA pharmaceutical patent infringement cases.
Dan has extensive experience as lead counsel to both plaintiffs and defendants in complex patent litigation matters in federal courts throughout the United States and in patent cases on appeal before the Court of Appeals for the Federal Circuit, as well as in inter partes review (IPR) proceedings before the USPTO’s Patent Trial and Appeal Board (PTAB).
Early and ongoing strategic evaluation with a focus at all times on how to best achieve the client’s business objectives characterizes his practice. Dan has litigated patents involving a wide range of fields and technologies, including pharmaceuticals, biotechnology, LEDs, semiconductors, scientific instruments, computer-related technologies and business method patents.
Dan draws on this broad patent litigation experience to provide litigation-related strategic and evaluative advice both in regard to individual patents and patent portfolios and in connection with due diligence analyses. He also has significant experience in district courts with appealing PTAB interference decisions (Section 146 actions) and with Section 337 proceedings at the International Trade Commission (ITC).
Dan has addressed both in-house audiences and industry conferences on patent litigation topics, including IPR proceedings under the America Invents Act, the implications of developing law on willful infringement, and the evolving law on patent claim construction in Markman proceedings.
Representative Matters :
- Represented plaintiff Indivior in securing a favorable patent infringement ruling after trial against generic manufacturers in Hatch-Waxman ANDA litigations relating to Indivior’s leading opioid dependence treatment pharmaceutical product, and represented Indivior in several other pharmaceutical patent litigations and IPR proceedings.
- Represented a plaintiff inventor in patent infringement litigation against leading LED manufacturers, which resulted in settlements and included prevailing in a related IPR proceeding both before the PTAB and the Court of Appeals for the Federal Circuit.
- Represented Life Technologies in a Section 146 district court action appealing PTAB interference proceedings with respect to patents and patent applications related to single-molecule DNA sequencing.
- Represented Merck Inc. in a Section 146 appeal to the district court from PTAB interference proceedings relating to Cox-2 inhibitor technology.
- Represented Glaxo Wellcome in a patent infringement action, patent interference proceeding and Section 146 appeal to the district court relating to the then-leading anti-AIDS drug in North America, as well as in litigation relating to a technology license.
Professional and Community Involvement :
- Member, American Intellectual Property Law Association
- Member, New York Intellectual Property Law Association
- Member, Federal Circuit Bar Association
- University of Michigan Law School, J.D., cum laude, 1985
- Brown University, A.B., magna cum laude, 1982
BAR ADMISSIONS : New York
COURT ADMISSIONS :
- U.S. Court of Appeals for the Federal Circuit
- U.S. District Court for the Southern District of New York
- U.S. District Court for the Eastern District of New York
Rate : $$$