Adam L. Perlman

Partner

Washington, D.C. / New York
adam.perlman@lw.com
+1.202.637.2277

PRACTICES

  • Complex Commercial Litigation
  • Intellectual Property Litigation
  • Litigation & Trial
  • Supreme Court & Appellate

INDUSTRIES

  • Healthcare & Life Sciences

BAR QUALIFICATIONS

  • District of Columbia
  • Maryland
  • New York

EDUCATION

  • JD, University of Pennsylvania Law School, 1997
    summa cum laude
  • BA, Tufts University, 1994
    magna cum laude

PROFILE

Adam Perlman, a nationally recognized first-chair patent trial lawyer and a Fellow of the American College of Trial Lawyers, represents brand-name pharmaceutical manufacturers and leading life sciences companies in intellectual property litigation.

Adam leverages more than 25 years of experience and a solutions-oriented approach to guide clients through every stage of major IP litigation, particularly Hatch-Waxman trials and Federal Circuit appeals. He advocates across a broad range of technologies and sectors, including:

  • Pharmaceuticals
  • Biotechnology and biologics
  • Medical devices

As lead counsel in major patent litigation in US district courts and before the US Court of Appeals for the Federal Circuit, he distills complex concepts into compelling advocacy before judges and juries across the country. Adam also routinely litigates life sciences inter partes review proceedings before the US Patent and Trademark Office (USPTO). Adam has argued 11 times before the Federal Circuit since 2012, including before the en banc court in Alice Corp. v. CLS Bank International.

A recognized thought leader, Adam frequently speaks on patent litigation issues, including before the Association of Corporate Patent Counsel, the American Conference Institute Paragraph IV Disputes Master Symposium, the American Law Institute course “Trial of a Patent Case,” and other industry groups.

Adam has served on the firm’s Associates Committee and Training and Career Enhancement (TACE) Committee.

EXPERIENCE

Adam’s experience includes representing:

  • Eli Lilly, as lead trial counsel:
    • In Hatch-Waxman patent litigation concerning Lilly’s Olumiant® product
    • At four bench trials over the validity and infringement of a patent protecting its blockbuster anti-cancer drug Alimta, which had annual US sales in the billions of dollars*
    • In arguing Eli Lilly and Company v. Teva Parenteral Medicines before the Federal Circuit, which was the first appellate case to address divided infringement in the pharmaceutical context*
  • Amgen, as lead counsel, in ANDA litigation relating to its Parsabiv product
  • Bayer, as lead trial counsel:
    • At bench trial over the validity of a patent protecting its highly successful anticoagulant Xarelto, which has annual US sales in the billions of dollar
    • In litigation against multiple generic companies relating to Bayer’s Nexavar, Staxyn, and Cipro OS products*
  • A global biopharmaceutical company with regard to its IP portfolio and litigation strategy to protect a major biologic drug
  • A leading pharmaceutical company with regard to potential litigation against makers of biosimilar forms of one of the company’s leading biologic drugs
  • Sebela, as lead counsel, in ANDA litigation relating to its Brisdelle product
  • Novartis division Alcon, as lead trial counsel, in:
    • Litigation against generic manufacturers over patents protecting Alcon’s Pazeo product*
    • Litigation and inter partes review proceedings relating to its Ilevro, Travatan Z, Vigamox, and Moxeza products*
    • The Federal Circuit in Alcon Research v. Barr Laboratories, which addressed the enablement and written description requirements as they relate to pharmaceutical patents*
  • Sorrento Therapeutics, as co-lead counsel, in two confidential arbitrations relating to pharmaceutical licensing and development
  • Stryker, as co-lead counsel, in patent infringement litigation relating to stents
  • Merck, as lead counsel, in defending patent litigation brought by PDL Biopharma relating to Merck’s Keytruda product*
  • Eli Lilly, Daiichi Sankyo, and Ube Industries, as lead counsel, against numerous generic manufacturers in district court litigation, inter partes review proceedings, and on appeal relating to patents protecting Lilly and Daiichi Sankyo’s Effient product*
  • Researchers from the University of Pittsburgh, as trial counsel, at the trial of an inventorship dispute with scientists from the University of California in a biotech case over the invention of stem cells derived from fat tissue*
  • CVS, as lead counsel, in defending patent litigation brought by Walgreens relating to feature of CVS’ prescription renewal app*

*Matter handled prior to joining Latham