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Aaron Lukas

Associate

Washington, D.C.
The Army and Navy Building
1627 I Street, NW
Suite 1100
Washington, D.C. 20006
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(202) 912-4823
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(800) 540-1355
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(202) 861-1905
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    Aaron Lukas

    Aaron Lukas, Ph.D., joined the firm’s Intellectual Property group in 2012 as an Associate in the Washington, D.C. office.  Dr. Lukas concentrates his practice in complex patent cases for clients in the pharmaceutical, biotechnology, and semiconductor industries.  

    Dr. Lukas is a registered patent attorney and focuses his practice on the representation of generic pharmaceutical companies in Hatch-Waxman litigation.  His practice also includes representing clients preparing patentability, infringement, and invalidity opinions, as well as preparing and prosecuting U.S. and foreign patent applications.  Dr. Lukas has provided opinions and drafted and prosecuted patent applications in a wide range of high technology fields including pharmaceuticals, therapeutic methods, nanotechnology, gene synthesis, recombinant DNA technology, diagnostic assays, and semiconductor devices. 

    Dr. Lukas has research experience in organic chemistry, nanotechnology, and semiconductors.  Prior to attending law school, Dr. Lukas was a Senior Research Scientist at Air Products and Chemicals, Inc., where he researched next generation thin film precursors and deposition methods for use in flat panel displays, interconnects, and other high tech applications (2001-2005).  That research has resulted in more than 10 issued patents.  Dr. Lukas's research experience also includes work as a Graduate Research Assistant at Northwestern University's International Center for Nanotechnology and Department of Chemistry, where as a part of his doctoral research he synthesized and studied visible light-absorbing organic molecules for use as molecular switching devices (1996-2001).  He is also a graduate of Georgetown Law, and earned bachelor's degrees in Chemistry and Humanities, cum laude, from Seattle University.

    Lead counsel for Sandoz Inc., in a patent infringement action regarding Sandoz's ANDA to make a generic version of Endo's pain product OPANA® ER (oxymorphone hydrochloride).


    Represented Apotex Inc., in a patent infringement action regarding Apotex's ANDA to make a generic version of Wyeth's anti-depressant product EFFEXOR XR® (venlafaxine hydrochloride). Settled on favorable terms during trial.


    Represented Apotex Inc., in a patent infringement action regarding Apotex's ANDA to make a generic version of Sanofi-Aventis' anticancer product TAXOTERE®, the active ingredient of which is docetaxel. Following a two-week trial, obtained an order for Apotex striking down the patents-in-issue as invalid as obvious and unenforceable due to Sanofi-Aventis' inequitable conduct in procuring the patents. Successfully argued on appeal with the Federal Circuit affirming trial court decision (April 2012). Of import is that inequitable conduct defense remains viable in ANDA litigations because of this ruling.


    Represented our client, Sandoz Inc., in a patent infringement action regarding Sandoz's ANDA to make a generic version of Allergan's glaucoma drops COMBIGAN® (brimonidine tartrate/timolol maleate.)


    Represented Sandoz Inc., in a patent infringement action regarding Sandoz's ANDA to make a generic version of Merck's anti-nausea product EMEND® (aprepitant).


    Represented our client in a patent infringement action regarding Actavis' ANDA to make a generic version of King's pain product AVINZA®, the active ingredient of which is morphine sulfate.


    Represented our client, Mylan Pharmaceuticals, Inc., in a patent infringement action regarding Mylan's ANDA to make a generic version of Pfizer's cardiovascular product CADUET®, the active ingredients of which are atorvastatin calcium and amlodipine besylate. Settled prior to trial.


    Represented our client, Sandoz Inc., in a patent infringement action regarding Sandoz's ANDA to make a generic version of Abbott’s ZEMPLAR® (paricalcitol).


    Represented Apotex Inc., in a patent infringement action regarding Apotex’s ANDA to make a generic version of LYSTEDA (tranexamic acid). Matter pending.


    Represented Apotex Inc., in a patent infringement action regarding Apotex’s ANDA to make a generic version of ACULAR LS® (0.4% ketorolac tromethamine). Matter pending.


    Represented Apotex Inc., in a patent infringement action regarding Apotex’s ANDA to make a generic version of PRISTIQ® (desvenlafaxine). Matter pending.


    Represented Sandoz Inc., in a patent infringement action regarding Sandoz's ANDA to make a generic version of Shire’s ADHD product INTUNIV® (guanfacine hydrochloride). Matter pending.


    Represented Sandoz Inc., in a patent infringement action regarding Sandoz’s ANDA to make a generic version of Roche’s VALCYTE® (valganciclovir hydrochloride). Matter pending.


    Represented our client, Sandoz Inc., in patent infringement action regarding Sandoz’s ANDA to make a generic version of Helsinn’s anti-nausea product ALOXI® (palonosetron hydrochloride injection). Matter pending.


    Represented our client in a patent infringement action regarding InnoPharma’s ANDA to make a generic version of Spectrum’s FUSILEV® (levoleucovorin). Matter pending.


    Represented our client, Sandoz Inc., in a patent infringement action regarding Sandoz’s ANDA to make a generic version of Abbott’s cholesterol medication TRILIPIX® (fenofibric acid). Matter pending.


    Represented our client, Sandoz Inc., in a patent infringement action regarding Sandoz’s ANDA to make a generic version of Abbott’s cholesterol product NIASPAN® (niacin). Matter pending.


    Represented our client, Sandoz Inc., in a patent infringement action regarding Sandoz's ANDA to make a generic version of Alcon's eye allergy product PATANOL® (olopatadine hydrochloride).


    Represented client CardSoft in patent infringement action against multiple defendants who manufactured and sold infringing electronic point-of-sale ("ePOS") terminals using “swipe-technology.” Successfully secured patent damages for client in excess of $15 million for CardSoft in jury trial against VeriFone Systems, Inc. and VeriFone, Inc. (VeriFone) and Hypercom Corp. (Hypercom).


    Represented our client in a patent infringement action regarding Apotex’s ANDA to make a generic version of AVODART® (dutasteride). Matter pending.


    Additional Practices

    News


    Cozen O’Connor Continues Growth of IP Litigation Practice with Seven Partners, Two Associates from Duane Morris

    April 16, 2012

    Cozen O’Connor Continues Growth of IP Litigation Practice with Seven Partners, Two Associates from Duane Morris

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    Publications

    Aaron Lukas, "Case Study: Unigene v. Apotex (2011) A New Test for Obviousness of Pharmaceutical Formulations in the U.S. Federal Circuit," GenericsWeb INNsight Industry Newsletter, Dec. 2011

    http://www.genericsweb.com/download/Case%20Study%20Unigene%20v.%20Apotex%20article.pdf


    IP: Compound patents take a hit in Delaware District Court [Inside Counsel]

    March 19, 2013

    A recent decision from the Delaware District Court held that the composition of matter patent for the drug Baraclude was invalid as obvious. This opinion has drawn immediate attention because it is the first time that a lead compound obviousness challenge has succeeded in a district court since KSR v. Teleflex issued. What this means for inside counsel depends on which side of the aisle you are on, but regardless this decision may provide the beachhead for obviousness attacks where none existed before.

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    Practice Areas

    Biologics/Biosimilars

    Hatch-Waxman Litigation

    Intellectual Property

    Education

    • Georgetown University Law Center, J.D., 2010
    • Northwest University, Ph.D., 2001
    • Seattle University, B.A., 1996
    • Seattle University, B.S., 1996

    Bar Admissions

    • District of Columbia
    • United States Patent and Trademark Office

    Court Admissions

    • U.S. Court of Appeals for the Federal Circuit
    • U.S. District Court -- Colorado
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