`
`Partner
`Trial and Global Disputes / Intellectual
`Property
`
`New York: +1 212 556 2297
`ediamond@kslaw.com
`
`Evan Diamond is a partner on our Intellectual Property, Patent, Trademark and Copyright Litigation
`team. Evan focuses his practice on patent litigation matters, with an emphasis on the
`pharmaceutical and biotechnology industries. In federal court trials, inter partes reviews before the
`Patent Trial and Appeal Board, and appeals before the Federal Circuit, he has substantial experience
`representing pharmaceutical and life sciences technology companies through trial victory or to
`favorable business resolutions for products with hundreds of millions or billions of dollars in annual
`sales.
`
`Evan has been acknowledged by IAM Patent 1000 as one of the "World's Leading Patent
`Professionals," and has been recognized for the past five years as a “Top Ranked Intellectual
`Property Litigation Attorney” and a “Rising Star" by Super Lawyers. Evan speaks and writes
`extensively on new developments impacting life sciences patents and business concerns for the
`industry.
`
`Evan brings to his practice a technical background in chemistry and biochemistry, having received
`an M.S. from the University of Pennsylvania prior to entering the legal field.
`
`Matters
`
`In the first three Final Written Decisions for inter partes reviews in the Hatch-Waxman context,
`obtained rulings from the PTAB for client Galderma upholding all challenged claims on patents
`covering Oracea®, a multi-million dollar drug for the treatment of rosacea
`
`Obtained preliminary injunction and then permanent injunction against launch of a generic version
`of Oracea®, which was upheld by the Federal Circuit on appeal
`
`Obtained favorable claim construction in second-filer Hatch-Waxman litigation regarding Oracea®,
`resulting in withdrawal of Paragraph IV challenge before trial
`
`Obtained decision upholding validity of key patent in bench trial in District of New Jersey regarding
`Hatch-Waxman dispute for Merck's drug Emend® for Injection, for nausea and vomiting due to
`highly emetogenic chemotherapy
`
`www.kslaw.com
`
`1
`
`1
`
`SERVIER-2004
`IPR2022-01423
`
`
`
`Member of trial teams litigating toward favorable settlements preserving market exclusivity in cases
`regarding Lexapro® (Forest Labs and Lundbeck), Namenda® (Forest Labs and Merz), Targretin®
`(Eisai and Valeant), and Amitiza® (Sucampo)
`
`Credentials
`EDUCATION
`J.D., Harvard University, cum laude
`B.A., University of Pennsylvania, summa cum laude, Phi Beta Kappa
`M.S. in Biochemistry, University of Pennsylvania
`
`ADMISSIONS
`U.S. Court of Appeals for the Federal Circuit
`New York
`
`ASSOCIATIONS
`Federal Circuit Bar Association
`PTAB Bar Association
`Member of the New York Intellectual Property Law Association, New Jersey Intellectual Property
`Law
`
`Recognition
`Super Lawyers Rising Stars
`
`2015-2017
`
`Insights
`ARTICLE
`September 1, 2021 • Source: Intellectual Property & Technology Law Journal
`“Purple Book” Patent Listing Under Biological Product Patent Transparency Act: What Is
`Required, and What to Expect?
`
`CLIENT ALERT
`June 7, 2021
`Update on the Proposed TRIPS Waiver at the WTO: Where is it Headed, and What to Expect?
`
`April 7, 2021
`“Purple Book” Patent Listing Under Biological Product Patent Transparency Act: What is
`Required, and What to Expect?
`
`VIEW ALL ON KSLAW.COM
`
`Events
`SPEAKING ENGAGEMENT
`April 27, 2021
`Vanessa Yen, Evan Diamond, Gerald Flattmann to Speak at American Conference Institute’s
`2021 Paragraph IV Disputes Master Symposium
`
`WEBINAR
`November 9, 2021
`King & Spalding Pharmaceutical University 2021
`
`www.kslaw.com
`
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`November 10, 2020
`13th Annual King & Spalding Medical Device Summit
`
`VIEW ALL ON KSLAW.COM
`
`News
`IN THE NEWS
`July 18, 2022 • Source: Law360
`Vanessa Yen and Evan Diamond represent cancer research institutions in U.S. Supreme Court
`amicus briefing on closely-watched patent issues
`
`July 1, 2022 • Source: Law360
`Steven Zager, Gerald Flattmann, Vanessa Yen and Evan Diamond counsel GW Pharmaceuticals
`before the Federal Circuit in a patent infringement dispute
`
`January 6, 2022 • Source: Law360
`Evan Diamond discusses the infringement law for skinny labels
`
`VIEW ALL ON KSLAW.COM
`
`www.kslaw.com
`
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