About Brian Sodikoff

Brian Sodikoff is the national co-chair of Katten's Patent Litigation practice. He helps pharmaceutical companies and other clients use patent law to promote the growth of their businesses. He devotes a significant part of his practice to Hatch-Waxman litigation and other complex patent disputes. Beyond pharmaceuticals and medical devices, his matters have involved technologies such as thermoplastic air bag covers, automated truck transmissions, DVD technology and hard disk drives.

Hatch-Waxman litigation and beyond

Brian has particular experience with the interplay between patent, FDA and competition law, and how it impacts a company's ability to enter the market. He has represented numerous leading pharmaceutical companies in Hatch-Waxman patent litigation, with significant pre-trial, trial and appellate success. With his knowledge of the pharmaceutical industry, Brian also is routinely tapped for guidance on activities from internal product selection to crafting settlement agreements to diligence on acquisitions of select drugs or companies.

A registered patent attorney, Brian prosecutes and secures patents, partnering with clients to design strategies to create patent protection that transforms ideas into durable business advantages. He particularly enjoys working with entrepreneurial companies and start-ups, and has worked with several local incubators and universities on IP issues for young companies.

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Practice Focus

  • Patent litigation
  • Intellectual property litigation
  • Antitrust and competition law

Representative Experience

  • Represented Apotex in patent litigation surrounding a proposed generic version of Provigil® (modafinil). At trial, proved the relevant patent unenforceable in one of the first cases applying the Federal Circuit’s heightened Therasense standard. Also proved the patent invalid on multiple grounds, and not infringed. Defended the district court judgments at the Federal Circuit, which affirmed per curiam. Currently representing Apotex in antitrust claims for being improperly held out of the market for several years.
  • Represented MedTorque in patent litigation surrounding a medical device. Secured dismissal of one of three asserted patents in a motion to dismiss. Convinced plaintiff to voluntarily drop a second patent. Secured recommendation of summary judgment of non-infringement from magistrate before settling entire matter on favorable terms.
  • Represented Apotex in patent litigation surrounding a generic version of Floxin Otic® (ofloxacin). Handled trial and appeal for client, and successfully invalidated all asserted claims on appeal. In addition, was able to recover several million dollars from a posted bond for an improvidently issued injunction. Daiichi v. Apotex, Inc., 501 F.3d 1254 (Fed. Cir. 2007).
  • Represented Apotex in patent litigation surrounding a proposed generic version of Norvasc® (amlodipine besylate). Invalidated the patent in a widely cited Federal Circuit opinion.
  • Represented Apotex in patent litigation surrounding a generic version of Prilosec® (omeprazole). Retained after a finding of validity and infringement to handle damages portion of the case. Successfully dismissed claims for willful infringement, enhanced damages and anything other than a reasonable royalty.
  • Represented Apotex in patent litigation surrounding a proposed generic version of Azilect® (rasagiline mesylate). Favorable confidential settlement reached just before trial.
  • Represented Apotex in patent litigation surrounding a proposed generic version of Zyvox® (linezolid). Favorable confidential settlement reached after summary judgment motions were filed.
  • Represented Apotex in patent litigation surrounding a generic version of Alphagan® (brimonidine tartrate). Represented Apotex at trial and on appeal, invalidating a number of patent claims.
  • Represented Apotex in patent litigation surrounding a generic version of Patanol® (olopatadine). At trial and on appeal, invalidated most of the asserted claims as obvious.
  • Represent Sagent Pharmaceuticals, a leading provider of affordable pharmaceuticals to hospital market, in its $40 million acquisition of a portfolio of five ANDAs in the United States from Teva Pharmaceutical Industries and Actavis (Allergan Generics) as a result of the largest merger of generic pharmaceutical companies in history.
  • Represent Sawai in patent litigation over a proposed generic version of Myrbetriq® (mirabegron). Currently litigating.
  • Represented Strides in patent litigation surrounding proposed generic versions of Zometa® and Reclast® (zoledronic acid). Representation ended after Strides was purchased by Mylan.
  • Represented Qilu in patent litigation surrounding a proposed generic version of Aloxi® (palonosetron). Favorable confidential settlement reached.
  • Represented Sun in patent litigation surrounding a generic version of Protonix® (pantoprazole). Retained by Sun after an earlier launch at-risk. Negotiated settlement during jury trial on damages.
  • Represent Apotex in patent litigation surrounding a proposed generic version of Aricept® (donepezil). Favorable confidential settlement reached.