John Bennett
Partner
Boston
John Bennett
Partner
Boston
Contact Details
John is a partner in the Intellectual Property practice in the Boston Office who focuses on representing innovators in the life science industry. He has nearly 20 years of first-chair trial experience in high-stakes intellectual property and technology disputes. John’s experience includes numerous trial representations in cases brought under the Hatch-Waxman Act and the Biologics Price Competition and Innovation Act as well as trade secret, licensing and contract disputes. Clients praise John for his “unique understanding of the interplay between IP, regulatory, and business issues in the pharmaceutical sector” and regularly turn to him for advice regarding patents, exclusivities and litigation risk concerning commercial and late-stage clinical assets.
John’s engagements have included trial representation before various federal courts and the Patent Trial and Appeal Board, appellate representation before the Federal Circuit and other courts of appeal. His experience includes work on numerous patent and trade secret cases involving a variety of technologies including pharmaceuticals, biotechnology, medical devices, telecommunications and internet content delivery systems. John also is frequently asked to conduct diligence, render opinions and perform freedom to operate analyses.
John actively engages in pro bono work, including appearing as lead counsel in federal litigation against the U.S. Government, which led to the release of Francisco Rodriguez-Guardado, a longtime Massachusetts Institute of Technology custodian and father of three U.S. citizen children, who was suddenly incarcerated and threatened with deportation in 2017-2018.
Qualifications
Professional
Admitted to the Bar of the State of Massachusetts, 2001
U.S. Court of Appeals for the Federal Circuit
U.S. Court of Appeals for the First Circuit
U.S. Court of Appeals for the Fifth Circuit
U.S. Court of Appeals for the Tenth Circuit
U.S. District Court for the District of Massachusetts
Academic
JD, Boston College Law School, 2000
B.A., Dartmouth College, cum laude with high honors, B.A., 1996
Experience highlights
Fresenius Kabi in several patent litigations concerning its branded anesthetic portfolio (Diprivan® and Naropin®)
Read more Experience highlightsTeva Pharmaceuticals as plaintiff in several patent litigations concerning its blockbuster innovative treatment for multiple sclerosis, Copaxone®
Read more Experience highlightsTeva Pharmaceuticals in several patent litigations concerning its branded treatment for Parkinson’s disease, Azilect®
Read more Experience highlightsFresenius Kabi in several patent litigations concerning its branded anesthetic portfolio (Diprivan® and Naropin®)
Fresenius Kabi lead trial counsel for in several patent litigations concerning its branded anesthetic portfolio (Diprivan® and Naropin®), including a successful assertion of patents concerning Naropin® in a recent matter before the U.S. District Court, Western District of Texas. *Previous firm experience
Teva Pharmaceuticals as plaintiff in several patent litigations concerning its blockbuster innovative treatment for multiple sclerosis, Copaxone®
Teva Pharmaceuticals trial and appellate counsel as plaintiff in several patent litigations concerning its blockbuster innovative treatment for multiple sclerosis, Copaxone®, including Teva's trial victory in the U.S. District Court, Southern District of New York. That case was appealed to the U.S. Supreme Court, resulting in a landmark victory for Teva on the standard of review in claim construction in Teva v. Sandoz. *Previous firm experience
Teva Pharmaceuticals in several patent litigations concerning its branded treatment for Parkinson’s disease, Azilect®
Teva Pharmaceuticals trial and appellate counsel as plaintiff in several patent litigations concerning its branded treatment for Parkinson’s disease, Azilect®. After a consolidated bench trial, the U.S. District Court, District of New Jersey found Teva’s patent valid and infringed. *Previous firm experience
Related articles
Blog Post: 23 May 2023
PTAB decision invalidating claims as obvious based on analogous art reversed by Federal Circuit
Procedural History Sanofi-Aventis Deutschland GMBH v. Mylan Pharmaceuticals Inc. is an appeal from a final written decision in an inter partes proceeding (“IPR”) of the Patent Trial and Appeal Board…
Blog Post: 22 May 2023
United States Supreme Court affirms invalidating claims for lack of enablement
Qualifications
Professional
Admitted to the Bar of the State of Massachusetts, 2001
U.S. Court of Appeals for the Federal Circuit
U.S. Court of Appeals for the First Circuit
U.S. Court of Appeals for the Fifth Circuit
U.S. Court of Appeals for the Tenth Circuit
U.S. District Court for the District of Massachusetts
Academic
JD, Boston College Law School, 2000
B.A., Dartmouth College, cum laude with high honors, B.A., 1996
Recognition
provided exceptional results… [he has] extensive experience in all aspects of pre-trial and trial and have a unique understanding of the interplay between IP, regulatory, and business issues in the pharmaceutical sector.
Legal 500
