Janet Linn_Website

Janet B. Linn

Counsel

P 212.216.8067
1350 Broadway
New York, NY 10018

 

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, Phi Beta Kappa
  • University of Wisconsin, MA in English Literature
  • State University of New York at Buffalo School of Law, JD, Senior Editor of the Buffalo Law Review, Judicial Intern, Hon. John T. Curtin U.S. District Judge, W.D.N.Y.
  • New York University School of Law, LLM in Trade Regulation
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
  • Patents Committee of the Association of the Bar of the City of New York, Member
  • Women in Licensing, Member
  • Vice Chair, Food Drug & Cosmetic Section of the New York State Bar Association
  • Council on IP, Association of the Bar of the City of New York - Member at Large, Chair of the Amicus Committee
Speaking Engagements
  • Presenter, “Recent Patent Decisions and Lessons for Life Science Companies”, Annual Meeting of the Food Drug & Cosmetic Section of the New York State Bar Association, January 30, 2020
  • Presenter, “Patent Litigation Fundamentals”, Judicial Law Clerks Seminarat the Southern District of New York, October 11, 2019
  • Presenter, “Helsinm Healthcare S.A. v. Teva Pharmaceuticals USA Inc.: Secret Prior Art and the AIA, Annual Meeting of the Food Drug & Cosmetic Section of the New York State Bar Association, January 17, 2019
  • Moderator, Patent Office Post Grant Proceedings- Inter Partes Review (IPR), Patents Committee of the Association of the Bar of the City of New York, October 18, 2018
  • 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

Events

  • Suing a Sovereign for Infringement

    Although a seemingly infrequent issue, the ability to sue domestic and foreign sovereign entities in intellectual property disputes has been the subject of recent seminal U.S. Supreme Court and Appellate Court decisions. In these decisions, the Courts addressed statutes that seek to abrogate sovereign immunity to allow suits by private individuals against foreign and domestic states in intellectual property actions. While the Supreme Court has now made it clear that a state cannot be sued for copyright (or patent) infringement, the Second Circuit held that a foreign entity may be sued in U.S. courts under certain circumstances.

  • What Can Instagram Do With Your Publicly Posted Photographs?

    When you upload content on Instagram, you can choose to make your post "public" or "private." According to Instagram, not only is the public content accessible and searchable by Instagram's users, the content is also subject to use by them on their websites via Instagram's application programming interface or "API."

  • The Expanded Disaster Relief Program Under The CARES Act: Expedited Disaster Loans and Grants from the SBA

    Among the economic relief provisions for businesses in the Coronavirus Aid, Relief and Economic Security Act (CARES Act) is an expansion of the existing Economic Injury Disaster Loan program (EIDL) with expanded eligibility and more favorable loan terms, i.e., lower interest rates and longer terms. Even if the loan is ultimately denied, the applicant may obtain an emergency EIDL grant of $10,000 within a matter of days. The business does not have to accept the loan and can still keep the grant. The grant does not have to be repaid.

  • 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.

Education
  • State University of New York at Buffalo, BA, Phi Beta Kappa
  • University of Wisconsin, MA in English Literature
  • State University of New York at Buffalo School of Law, JD, Senior Editor of the Buffalo Law Review, Judicial Intern, Hon. John T. Curtin U.S. District Judge, W.D.N.Y.
  • New York University School of Law, LLM in Trade Regulation
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
  • Patents Committee of the Association of the Bar of the City of New York, Member
  • Women in Licensing, Member
  • Vice Chair, Food Drug & Cosmetic Section of the New York State Bar Association
  • Council on IP, Association of the Bar of the City of New York - Member at Large, Chair of the Amicus Committee
Speaking Engagements
  • Presenter, “Recent Patent Decisions and Lessons for Life Science Companies”, Annual Meeting of the Food Drug & Cosmetic Section of the New York State Bar Association, January 30, 2020
  • Presenter, “Patent Litigation Fundamentals”, Judicial Law Clerks Seminarat the Southern District of New York, October 11, 2019
  • Presenter, “Helsinm Healthcare S.A. v. Teva Pharmaceuticals USA Inc.: Secret Prior Art and the AIA, Annual Meeting of the Food Drug & Cosmetic Section of the New York State Bar Association, January 17, 2019
  • Moderator, Patent Office Post Grant Proceedings- Inter Partes Review (IPR), Patents Committee of the Association of the Bar of the City of New York, October 18, 2018
  • 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

Janet Linn

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