Janet Linn | Tarter Krinsky & Drogin

Practices

Intellectual Property | Pharmaceutical and Biologics

Janet Linn is a counsel in the Intellectual Property Group.

Janet is an intellectual property litigator with more than 25 years of experience trying and litigating patent, trademark, unfair competition and trade secret cases in a broad range of technologies, including pharmaceuticals, medical devices, consumer products and mechanical devices.

Janet has extensive experience in pharmaceutical (Hatch-Waxman) patent litigation, and has acted as trial counsel in patent, trade secret and antitrust actions involving pharmaceuticals with annual billion dollar sales. She is also experienced in trademark prosecution, inter partes proceedings, false advertising and copyright litigation.

Janet is currently the Vice Chair of the Food, Drug and Cosmetic Section of the New York State Bar Association. From 2010 to 2013, she was the chair of the Patents Committee of the Association of the Bar of the City of New York. On behalf of the Patents Committee, she authored an amicus brief to the Federal Circuit in its en banc consideration of claim construction in Lighting Ballast Control LLC v. Philips Electronics North America Corporation, which was favorably quoted by the four justices in dissent.

Janet’s accomplishments include:

Successfully defended company against charge of patent fraud, leading to withdrawal of claim for inequitable conduct and favorable settlement on the eve of trial.
Successful assertion of patents on anti-depressant and ulcer medications with annual multi-billion dollar sales on behalf of pharmaceutical client in Hatch Waxman bench trials, including obtaining preliminary injunction to halt generic competition.
Coordination of worldwide intellectual property protection with respect to pharmaceutical and consumer product patents.
Settled trademark infringement claim allowing luxury restaurant to use third party’s incontestable mark without payment.

Representative Litigation Matters

Patent Litigation

Successful defense of fraud claim led to withdrawal by defendants of inequitable conduct counterclaim and favorable settlement Trinity Industries v. Spig Industry and Selco (E.D.Va.)
Lead patent counsel for sheet pile manufacturer asserting patents on sheet steel pile connectors against Arcelor Mittal and its subsidiary Skyline Steel. PilePro LLC v. Skyline Steel LLC and Arcelor Mittal (E.D. Texas)
Trial counsel for branded company in Hatch-Waxman litigation against generic drug company regarding anti-depressant. Obtained preliminary injunction against generic company after trial. Glaxo Wellcome v. Eon Labs Mfg. Inc. (S.D.N.Y.)
Trial counsel for Glaxo in Hatch-Waxman litigation against generic drug company regarding anti-ulcer medication resulting in judgment for patentee that patent was valid and infringed. Glaxo Inc. v. Novopharm Ltd. (E.D.N.Y.)
Trial counsel for branded company in Hatch-Waxman litigation against generic pharmaceutical company regarding antibiotic. Glaxo Wellcome Inc. v. Ranbaxy Labs, Inc. (D.N.J.)
Represented branded company in Hatch-Waxman litigation against ANDA filer regarding anti-depressant through appeal and remand. Glaxo Wellcome Inc. v. Andrx Pharm, Inc. (S.D. Fla.)
Represented branded pharmaceutical company in Hatch-Waxman litigation regarding anti-depressant. Glaxo Wellcome Inc. v. Watson Labs. Inc. (S.D. Ohio).
Represented Ethicon in section 146 action involving sutures on appeal from patent office. American Cyanamid v. Ethicon Inc. (D.N.J.)

Trademark and Lanham Act Litigation

Defense of trademark infringement action against local nightclub seeking to stop United States franchise of top global nightclub brand, preliminary injunction motion withdrawn. Club Space Mgt. Inc. v. Eden Ballroom and Space IBZ Planet SL (S.D.N.Y.)
Represented individual plaintiff enforcing trademark in infringement action against financial services company. Watson v. American Express Travel Related Services (S.D.N.Y.)
Defended consumer product company against claim by competitor of false advertising under the Lanham Act. Church & Dwight v. Airwick Industries (S.D.N.Y.)

Trade Secret Litigation

Defeated attempted misappropriation of PilePro’s trade secrets relating to pricing and purchasing sheet pile retaining wall systems software PilePro v. SP Network LLC (Eighth Judicial District, Clark County, Nevada)
Represented former franchisee in unfair competition litigation. Defeated summary judgment on promissory note and obtained favorable settlement. Lavazza Premium Coffees v. Oro Co. and EPC Holdings (Supreme Court, New York County).
Represented branded pharmaceutical company in action against generic company for theft of trade secrets. Glaxo Wellcome v. Chelsea Labs. (S.D. Ohio)
Defense of gas turbine company against claims of misappropriation of trade secrets. GE Co. v. Schenectady Turbine Service (N.D.N.Y.)

Copyright Litigation

Represented Fisher Price in bench trial defeating claim of copyright infringement. Ed Kaplan Assoc. v. Fisher Price (S.D.N.Y.)

Education

State University of New York at Buffalo, BA 1972, Phi Beta Kappa

University of Wisconsin, MA in English Literature 1974
New York University School of Law, LLM in Trade Regulation 1983
State University of New York at Buffalo School of Law, JD 1977, Senior Editor of the Buffalo Law Review, Judicial Intern, Hon. John T. Curtin U.S. District Judge, W.D.N.Y.

Admissions

New York
U.S. Court of Appeals for the Federal Circuit
U.S. Court of Appeals for the Second Circuit
U.S. District Court for the Southern District of New York
U.S. District Court for the Eastern District of New York

Awards and Honors

New York Super Lawyers, 2006, 2007, 2008 and 2010

Memberships

Chair of the Patents Committee of the Association of the Bar of the City of New York (2010-2013)
Vice Chair of the Food, Drug and Cosmetic Section of the New York State Bar Association (Jan. 2017-present); Co-Chair of the Committees on Drugs, and member of the Committee on biologics (2016-present)

Speaking Engagements

Presenter, "Evolving FDA Requirements for NCE Exclusivity,” Developments in Drug Law, Annual Meeting of the Food, Drug and Cosmetic Section of the New York State Bar Association, New York, NY, January 26, 2017
Presenter, "Patent Litigation Fundamentals”, Judicial Law Clerks Seminar, Eastern District of Pennsylvania, Philadelphia, PA, January 17, 2017
Moderator, Roundtable, "Are Software Patents Unconstitutional? Should These Patents Be Saved?,” Association of the Bar of the City of New York, October 19, 2016
Presenter, "Patent Litigation," Patents 101, Association of the Bar of the City of New York, New York, NY, April 14, 2016
Presenter, “Software Patents: How to Navigate the Tremendous Uncertainty”, and "Intellectual Property Protection for Smart Phone Applications”, Ben-Ami & Associates, Rehovot, Israel, February 18, 2016
Presenter, “Patent Litigation Fundamentals”, Judicial Law Clerks Seminar, Eastern District of New York, Brooklyn, NY, February 3, 2016
Moderator, "Legal Developments During 2015: Expanding Antitrust Enforcement, Shrinking Patent Protection, and FDA Regulation of Off Label Marketing,” Annual Meeting of the Food, Drug and Cosmetic Section of the New York State Bar Association, New York, NY, January 28, 2016

Favorite Book
Bleak House by Charles Dickens

What I do when not practicing law
Read, go to the theatre and the movies and travel with my husband and daughter

News

Tarter Krinsky & Drogin Bolsters Intellectual Property Group with Arrival of Janet B. Linn as Counsel
Tarter Krinsky & Drogin, a leading mid-size, full-service law firm, announced today that Janet B. Linn has joined the firm as a counsel in its Intellectual Property practice. Her arrival bolsters the firm’s core strengths in IP and Hatch-Waxman patent litigation.

Events

Janet Linn to Speak at the New York State Bar Association’s Food, Drug & Cosmetic Law Section Annual Meeting
On January 30, Intellectual Property counsel Janet Linn will serve as a panelist at the 2020 New York State Bar Association’s Food, Drug & Cosmetic Law Section Meeting.
Janet Linn to Present CLE Program on Patent Litigation Fundamentals to Judicial Law Clerks of Southern District of New York
On October 11, Intellectual Property counsel Janet Linn will present a CLE program to the judicial law clerks of the Southern District of New York. Janet, along with two other attorneys in the New York Bar Association’s Patents Committee, will provide an overview on patent litigation fundamentals. Janet will discuss the patent right, substantive patent law, types of patents, parts of a patent and patent claims, and provide in-depth case studies.
Amy Goldsmith and Janet Linn to Speak at the New York State Bar Association’s Food, Drug & Cosmetic Law Section Annual Meeting
On January 17, Intellectual Property co-chair Amy Goldsmith and counsel Janet Linn will be featured panelists at the New York State Bar Association’s Food, Drug & Cosmetic Law Section Annual Meeting. Amy will discuss GDPR and how these new privacy regulations impact U.S. businesses. She will also provide an overview on how the regulations affect what businesses are permitted to do with individuals’ personal data. During a separate panel, Janet will speak on Helsinn v. Teva, the pending U.S. Supreme Court case concerning when secret sales and offers for sale will be considered prior art, and how that affects the drafting and publicizing of agreements between pharmaceutical companies and third parties.
Janet Linn to Speak at New York City Bar Association’s Panel on Patent Office Post Grant Proceedings Panel – Inter Partes Review
On October 18, Intellectual Property counsel Janet Linn will be a featured panelist at the New York City Bar Association’s event, “Patent Office Post Grant Proceedings – Inter Partes Review.”

Key 2019 Decisions Impacting Patent Law
In 2019, both the Supreme Court and the Court of Appeals for the Federal Circuit issued decisions that will significantly affect patent law practice.
Janet Linn’s Article on Hatch-Waxman Pre-Suit Considerations for Generic Drug Companies Published in Law360
Intellectual Property counsel Janet Linn’s recent LexisNexis Lexis Practice Advisor article is published in Law360 titled, “Hatch-Waxman Pre-Suit Considerations For Generics: Part 1.” In the first of the two-part article, Janet addresses how counsel for a generic drug company should prepare for patent litigation under the Drug Price Competition and Patent Term Restoration Act of 1984, better known as the Hatch-Waxman Act.
Janet Linn Authors LexisNexis Article on Hatch-Waxman Pre-Suit Considerations for Generic Drug Companies
Intellectual Property counsel Janet Linn authored an article featured in LexisNexis’s Lexis Practice Advisor titled, “Hatch-Waxman Pre-suit Considerations from the Generic Perspective.” In the article, Janet discusses how counsel for generic drug companies should prepare for patent litigation under the Drug Price Competition and Patent Term Restoration Act of 1984, better known as the Hatch-Waxman Act.
U.S. Supreme Court Broadens the Territorial Scope of Patent Damages
In a 7-2 decision, its first to address the extraterritorial scope of patent damages since passage of the modern patent act, the U.S. Supreme Court in WesternGeco LLC v. Ion Geophysical Corp., No. 16-1011 (June 22, 2018), held a patentee can recover its foreign lost profits as damages.

Janet B. Linn

Counsel

Janet B. Linn

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