Aaron Lukas, Ph.D.

Co-Chair, Hatch-Waxman & Biologics Litigation

Washington, D.C.

(202) 912-4823

(202) 861-1905

Aaron is a registered patent attorney who concentrates his practice on complex patent cases for clients in the pharmaceutical, biotechnology, and semiconductor industries.  

Aaron has handled all aspects of cases including pre-suit investigations, fact and expert discovery, dispositive motions, and trial. He also has experience in IPR matters at the PTAB on behalf of both patent owners and challengers. In addition to patent litigation, his practice includes representing clients seeking patentability, infringement, and invalidity analyses, as well as developing strategic plans for clients seeking to protect their intellectual property around the world. Aaron has worked with clients in a wide range of high technology fields, including nanotechnology, semiconductor devices, display technologies, gene synthesis, recombinant DNA technology, diagnostic assays, and pharmaceuticals.

Prior to entering the legal field, Aaron was a senior research scientist at Air Products and Chemicals, Inc. where he developed thin film precursors and deposition methods for use in flat panel displays, interconnects, and other high tech applications (2001-2005), which resulted in 18 issued patents. While earning his doctorate in chemistry at Northwestern University International Center for Nanotechnology and Department of Chemistry, he synthesized and studied light-absorbing organic molecules for use as molecular switching devices (1996-2001). He is a graduate of Georgetown Law, and earned bachelor's degrees in chemistry and humanities, cum laude, from Seattle University.

Experience

News

Cozen O’Connor Announces Changes to Firm Management 2022

March 23, 2022

Cozen O’Connor is pleased to announce the following changes in firm leadership positions for the 2022 year.

Q&A: Shouvik Biswas, Aaron Lukas and Blake Coblentz on the America Invents Act

September 16, 2021

Blake Coblentz and Aaron Lukas spoke with World Intellectual Property Review to discuss the 10-year anniversary of the America Invents Act (AIA).

The Right Choice: IP Stakeholders Emphasize Practical Experience, Strong IP Advocacy in Next USPTO Head

January 26, 2021

Aaron Lukas was quoted in IPWatchdog discussing the vacancy of under secretary of Commerce for Intellectual Property and director of the United States Patent and Trademark Office (USPTO), as well as deputy.

Fourteen Cozen O’Connor Attorneys Recognized as Washington, D.C., Super Lawyers and Rising Stars

April 20, 2020

Super Lawyers has named 14 Cozen O'Connor attorneys to its 2020 Washington, D.C., Super Lawyers and Rising Stars list.

13 Cozen O'Connor Attorneys Recognized as Washington, D.C. Super Lawyers and Rising Stars

April 25, 2019

The 2019 Washington, D.C, edition of Super Lawyers Magazine, published by Thomson Reuters, has named 13 Cozen O’Connor attorneys to its list of Super Lawyers and Rising Stars.

Washington, D.C. Super Lawyers Recognizes 15 Cozen O'Connor Attorneys

May 15, 2018

Fourteen Cozen O’Connor attorneys have been named 2018 Super Lawyers or Rising Stars by Super Lawyers Magazine Washington, D.C. edition, published by Thomson Reuters.

Publications

Importers Beware! Burden Shifting in Patent Infringement Cases [IPWatchdog]

May 09, 2022

Xing Liu and Aaron Lukas co-authored an article on a recent order in PureCircle USA Inc. v. SweeGen Inc. that highlights the interplay between Sections 271(g) and 295 [of the Patent Act and suggests] some best practices for contract drafting and conducting discovery in cases involving process patents.

Biotechnology at the Supreme Court—Will the U.S. Government Back Amgen’s Petition? [IPWatchdog]

May 04, 2022

Blake Coblentz and Aaron Lukas co-authored an article following up on a previous discussion about two issues that they will be watching closely this year relating to litigation involving small and large molecule therapies.

Two Pharma and Biotech Cases to Watch in 2022 [IPWatchdog]

February 02, 2022

Blake Coblentz and Aaron Lukas co-authored an article about two issues that they will be watching closely this year relating to litigation involving small and large molecule therapies.

Hatch-Waxman and BPCIA Cases and Trends to Watch in 2021 [IPWatchdog]

January 25, 2021

Blake Coblentz and Aaron Lukas co-authored an article about two major cases in 2021 that could have long-lasting effects on where and how Hatch-Waxman and Biologics Price Competition and Innovation Act (BPCIA) cases are litigated.

The PTAB Puts Hatch-Waxman Defendants on Notice: File IPRs Early or Risk Fintiv Discretionary Denial [IPWatchdog]

October 29, 2020

Blake Coblentz, Aaron Lukas, and Keri Schaubert wrote about the Patent Trial and Appeal Board (PTAB) denying the institution of Mylan Labs Ltd.’s petition for IPR of U.S. Patent No. 9,439,906 (“the ’906 patent”) in IPR2020-00440.

Exercising discretion [Intellectual Property Magazine]

July 09, 2020

Keri Schaubert and Aaron Lukas consider a precedential PTAB order outlining six factors in exercising discretion to deny institution of IPR proceedings.

PTAB Settlement Disclosure Timing Crucial After DTN Ruling [Law 360]

July 07, 2020

Aaron Lukas and Keri Schaubert wrote an article on the Patent Trial and Appeal Board decision in DTN LLC v. Farms Technology LLC.

Maybe Biosimilar Applicants Should Dance After All [Biosimilar Development]

June 30, 2020

Blake Coblentz and Aaron Lukas wrote an article about the Biologics Price Competition and Innovation Act and the issues applicants face whether to go through the patent dance.

Will the Supreme Court choose to weigh in (again) on prosecution history estoppel? [Westlaw]

May 29, 2020

Blake Coblentz and Aaron Lukas speculate over the possibility of the Supreme Court revisiting patent prosecution history estoppel principles.

Summary and Analysis of Key Provisions of the CARES Act

March 28, 2020

Members of Cozen O'Connor's Coronavirus Task Force provide analysis of the CARES Act and how it will impact small businesses, distressed industries, employers and employees, taxes, and the health care, real estates, and energy industries.

First Circuit Permits Antitrust Claims for Improperly Listing a Device Patent on the FDA’s Orange Book to Move Forward [Alert]

February 25, 2020

In a holding that could significantly broaden the antitrust inquiry in the context of the Hatch-Waxman regulatory scheme, on February 13, 2020, the U.S. Court of Appeals for the First Circuit issued an opinion that may have wide-ranging implications for both branded companies that own, and generic companies that challenge, patents listed on FDA’s Orange Book that claim drug delivery devices.

Education

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

Awards & Honors

Washington, DC Super Lawyers - Rising Star, Intellectual Property - 2014-2015, 2019-2020

  • District of Columbia
  • United States Patent and Trademark Office
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Supreme Court