Overview
Jason Leonard advises clients on complex life sciences patent litigation. During his 14 years of practice, he has counseled numerous pharmaceutical companies in developing effective patent litigation strategies for a wide array of pharmaceutical products. He leads and directs patent litigations involving small molecule drugs and peptides, including cancer therapies, oral contraceptives, steroids, antifungal agents, anticholinergics, β3-agonists and pharmacologic stress agents. Jason has successfully defended patents covering new chemical compounds, as well as complex inventions covering formulations, polymorphs, and methods of treatment. Clients frequently rely on him to address difficult infringement issues, particularly when design-around defenses have been asserted and extensive infringement proofs must be presented at trial.
Jason’s legal experience spans all stages of patent litigation, including pre-suit investigations, multiple-defendant litigations and appeals to the Federal Circuit. In developing trial strategies, Jason uses his passion for science and mastery of pharmaceutical chemistry to simplify the intricacies of drug discovery and development into concise and compelling narratives for trial.
Prior to attending law school, Jason spent six years as a pharmaceutical chemist at an innovator pharmaceutical company where he specialized in analytical and solid-state chemistry. As part of his work, Jason’s research resulted in more than a dozen patents and patent applications, including patents covering the cholesterol medication atorvastatin. His industry experience has become indispensable to clients as they frequently request his thorough analysis of the technology as part of the trial strategy.
While his practice focuses on leading and advising on patent litigation, Jason has also been involved in due diligence and licensing matters, including arbitrations concerning patent licenses. He has also been involved in inter-partes review (IPR) and interference practice at the US Patent and Trademark Office.
Jason is also active in the areas of diversity and inclusion in the practice of law. He currently serves his community of New Rochelle, New York where he was appointed to the LGBTQ Advisory Committee to the City Council.
Click here to read Jason’s full biography in Japanese.
Results
- Represented Astellas against nine defendants in Astellas v. Actavis relating to polymorph and method of treatment patents covering Myrbetriq® (a β3-agonist for the treatment of overactive bladder). Cases settled very favorably for Astellas*
- Successfully represented Astellas relating to an IPR petition filed by Sawai concerning a compound patent covering Myrbetriq® (a β3-agonist for the treatment of overactive bladder). The PTAB did not institute the petition*
- Successfully represented Sanofi in Sanofi v. Fresenius relating to a compound patent covering Jevtana® (a taxane chemotherapy agent for docetaxel-resistant prostate cancer). Sanofi prevailed at trial on the compound patent and injunction obtained*
- Successfully represented Sanofi in Sanofi v. Fresenius in the appeal of our successful defense of its compound patent covering Jevtana® (a taxane chemotherapy agent for docetaxel-resistant prostate cancer) in the district court*
- Successfully represented Sanofi relating to an IPR petition filed by Mylan concerning a compound patent covering Jevtana® (a taxane chemotherapy agent for docetaxel-resistant prostate cancer). The PTAB did not institute the petition*
- Successfully represented Sanofi relating to a second IPR petition filed by Neptune Generics concerning a compound patent covering Jevtana® (a taxane chemotherapy agent for docetaxel-resistant prostate cancer). This petition attempted to build on prior unsuccessful IPR and district court challenges. The PTAB did not institute this serial IPR petition*
- Successfully represented Sanofi in an interference with Fresenius at the USPTO concerning a polymorph of cabazitaxel, the active ingredient in Jevtana® (a taxane chemotherapy agent for docetaxel-resistant prostate cancer). The interference was resolved in favor of Sanofi in less than six months*
- Successfully represented Merck & Co., Inc. in Merck v. Fresenius relating to compound and formulation patents covering Cancidas® (a lyophilized formulation of a cyclohexapeptide for the treatment of life-threatening fungal infections). A favorable settlement was obtained for Merck after an extensive bench trial*
- Successfully represented Merck & Co., Inc. in Merck v. Xellia relating to infringement of a formulation patent covering Cancidas® (a lyophilized formulation of a cyclohexapeptide for the treatment of life-threatening fungal infections). Merck prevailed at trial and injunction obtained*
- Successfully represented Warner Chilcott in Warner Chilcott v. Lupin relating to obviousness of a method of treatment patent covering Lo Loestrin Fe® (an oral contraceptive regimen containing ethinyl estradiol and norethindrone acetate). Warner Chilcott prevailed at trial and injunction obtained*
- Successfully represented Merck & Co., Inc. in Merck v. Teva relating to compound and formulation patents covering Cancidas® (a lyophilized formulation of a cyclohexapeptide for the treatment of life-threatening fungal infections). Merck prevailed on summary judgement of nonobviousness of the formulation patent; and Defendants dropped their challenge to the compound patent*
*Matter handled prior to joining McDermott.
Recognitions
- Patexia, Top Hatch-Waxman Litigator, Top 50, 2024
- Legal 500 US, Intellectual Property: Patents: Litigation (Full Coverage), Recommended, 2020
Credentials
Education
Franklin Pierce Law Center, JD, cum laude, 2007
University of Connecticut, BS, Chemistry, cum laude, 1998
Admissions
New York
New Jersey
Courts/Agencies
US Supreme Court
US Court of Appeals for the Federal Circuit
US District Court for the District of New Jersey
US District Court for the Southern District of New York
US District Court for the Eastern District of New York