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
Janet is currently the Vice Chair of the Food, Drug
Janet’s accomplishments include:
Representative Litigation Matters
Trademark and Lanham Act Litigation
Trade Secret Litigation
New York Super Lawyers, 2006, 2007, 2008 and 2010
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
On August 20, 2021, Intellectual Property attorney Janet Linn was quoted in the Bloomberg Law article, “Amarin Finds New Target in Skinny Label Patent Cases: Insurers.”
Intellectual Property Counsel Janet Linn was quoted in the Bloomberg Law article, “Virus Delays Stir Deadline Concerns in Generic Drug Patent Cases.”
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.
On March 16, 2021, Intellectual Property counsel Janet Linn will co-present the CLE, “Sublicenses and Unintended Sublicenses in Social Media” for the Strafford Live Webinar Series.
On January 25, 2021, Intellectual Property Counsel Janet Linn will moderate the CLE panel, “IP in a COVID World” at the New York State Bar Association’s (NYSBA's) Virtual Annual Meeting of the Food Drug & Cosmetic Section, of which Janet serves as Vice Chair. The panel will explore the patents and trademarks relating to COVID-19 and how they are being licensed and enforced amid the pandemic.
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.
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.
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.
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.”
Since the Supreme Court approved the Federal Circuit’s formulation in 2011, the words necessary to effectuate an assignment of intellectual property from an employee to an employer has been clear.
Mylan Inc. & Subsidiaries v. Commissioner of Internal Revenue (U.S. Tax Court April 27, 2021)
Tucked within the 5,593-page Consolidated Appropriations Act, 2021 (ACT) are several important intellectual property bills that Congress had been unable to pass separately for years. Below is a summary of the more significant provisions, including information from the United States Patent and Trademark Office (USPTO) about implementing some new trademark procedures.
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.
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."
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.
In 2019, both the Supreme Court and the Court of Appeals for the Federal Circuit issued decisions that will significantly affect patent law practice.
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.
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.
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.
New York Super Lawyers, 2006, 2007, 2008 and 2010