Christopher T. Griffith

PARTNER

 

Chris is a founding partner of Green Griffith. As a seasoned IP trial lawyer with experience as lead counsel, Chris concentrates his practice in the pharmaceutical, chemical, biochemical and mechanical arts.

Chris has decades of experience in Hatch-Waxman litigation, leveraging his advocacy and technical skills to help clients shape successful litigation strategies. He has represented both patentees and defendants in actions before the U.S. District Courts and in appeals before the Court of Appeals for the Federal Circuit.

As a partner to his clients, Chris also provides strategic guidance in developing and managing IP portfolios. He is sought out for his ability to provide opinions and counseling on a wide variety of IP issues, including validity, infringement, patentability and trade secrets.

Additionally, Chris conducts due diligence investigations and possesses experience in reexaminations, reissues, inter partes review and post-grant proceedings under the AIA.

Chris enjoys lecturing and teaching, and is an adjunct professor at The John Marshall Law School, where he developed a Master’s level course in patent law.

Prior to co-founding Green Griffith in 2015, Chris was Corporate Secretary of Leydig, Voit & Mayer, Ltd. and served on its Board of Directors.

HONORS

  • Recognized by Illinois Super Lawyers in Intellectual Property and Intellectual Property Litigation
  • Selected by peers as a “Leading Lawyer” in Intellectual Property Law – Leading Lawyers Network
  • Listed among the “Top Lawyers in Illinois” in Intellectual Property Law – Chicago Lawyer

REPRESENTATIVE MATTERS

Clients Represented During Career (Partial List)

  • Abraxis BioScience, Inc.
  • AGFA-Gevaert N.V.
  • Akorn, Inc.
  • Alberto-Culver, Inc.
  • Cargill, Inc.
  • Celgene
  • Cipla Ltd.
  • Corning, Inc.
  • Deublin Company
  • DSM N.V.
  • Ecolab
  • Elkay
  • Fujisawa
  • Horizon Pharma plc
  • L. Clark
  • Lupin Ltd.
  • Mylan Pharmaceuticals
  • Nalco
  • Natco Pharmaceuticals
  • National Institutes of Health (US)
  • Osmotica Pharmaceuticals
  • Pall Corporation
  • Sigmapharm Laboratories
  • Sessions Pharmaceuticals
  • Strides Arcolab

Pending Pharmaceutical Litigation

  • Shire v. Osmotica – Chris is lead counsel in litigation related to Osmotica’s Abbreviated New Drug Application that is seeking approval to market a generic equivalent to Shire’s Lialda® mesalamine product.
  • Warner Chilcott v. Lupin – Chris is counsel for Lupin in litigation related to Lupin’s Abbreviated New Drug Application that seeks approval to market a generic equivalent to Warner Chilcott’s Generess Fe® (norethindrone and ethinyl estradiol chewable tablets) product. The district court (Pisano, J.) invalidated the asserted claims, and entered judgment in favor of Lupin.
  • Forest Laboratories v. Sigmapharm – Chris is counsel for Sigmapharm in litigation related to Sigmapharm’s Abbreviated New Drug Application that seeks approval to market a generic equivalent to Forest Laboratories’ Saphris® (asenapine maleate tablet) product.
  • Horizon v Watson – Chris is counsel for Horizon in litigation against Watson related to Watson’s Abbreviated New Drug Application that seeks approval to market a generic equivalent to Horizon’s Pennsaid 2% (diclofenac sodium topical) solution.
  • Pfizer v. Lupin – Chris is counsel in litigation related to Lupin’s Abbreviated New Drug Application that seeks approval to market a generic equivalent to Pfizer’s Toviaz® (fesoterodine fumarate) product.
  • AstraZeneca v. Lupin – Chris is counsel in litigation relating to Lupin’s Abbreviated New Drug Application that seeks approval to market a generic equivalent to AstraZeneca’s Vimovo® (naproxen and esomeprazole magnesium delayed-release) product.

Concluded Pharmaceutical Litigation

  • Pfizer v. Osmotica – Chris was lead counsel representing Osmotica in litigation involving the alleged infringement by Osmotica’s generic equivalent of Pfizer’s Detrol® LA product. The district court action was ultimately dismissed on terms favorable to Osmotica.
  • AstraZeneca v. Mutual Pharmaceuticals – Chris was counsel for Mutual in litigation involving the validity and alleged infringement of AstraZeneca’s patent by Mutual relating to felodipine (Plendil®). A judgment of noninfringement, in favor of Mutual was issued by the U.S. Court of Appeals for the Federal Circuit.
  • Pfizer v. Lupin – Chris was counsel for Lupin in litigation related to Lupin’s Abbreviated New Drug Application that sought approval to market a generic equivalent of Pristiq® desvenlafaxine. This matter settled.
  • Ortho-McNeil v. Lupin – Chris was counsel in litigation related to Lupin’s Abbreviated New Drug Application that sought approval to market a generic equivalent to Ortho-McNeil’s Ortho-Tricyclen Lo® (norgestimate/ethinyl estradiol) product. This litigation was successfully settled, with Lupin being granted a license permitting Lupin to market the product in December, 2015—a date prior to expiration of the patent in suit.
  • Gilead v. Sigmapharm – Chris was counsel for Sigmapharm in litigation related to Sigmapharm’s Abbreviated New Drug Application that sought approval to market a generic equivalent to Gilead’s Hepsera® (adefovir dipivoxil) product. Gilead voluntarily dismissed the action prior to trial.
  • Shire v. Natco Pharma – Chris was counsel in litigation relating to Natco’s Abbreviated New Drug Application that sought approval to market a generic equivalent to Shire’s Fosrenol® (lanthanum carbonate) product. This action was dismissed with prejudice, allowing Natco to move forward to obtain FDA approval for marketing.
  • Abbott v. Lupin – Chris was counsel in litigation related to Lupin’s Abbreviated New Drug Application that sought approval to market a generic equivalent to Abbott’s Trilipix® (choline fenofibrate) product. This action was settled on terms that were very favorable to Lupin.
  • Bayer Schering Pharma AG and Bayer Healthcare Pharmaceuticals Inc. v. Lupin Limited and Lupin Pharmaceuticals, Inc. – Chris was counsel in litigation related to Lupin’s Abbreviated New Drug Application that sought approval to market a generic equivalent to Bayer’s Yasmin® (drosperinone and ethinylestradiol product). Lupin prevailed in this action with a holding of no infringement because the asserted patent did not cover the approved use of the product.
  • Medicis v. Lupin – Chris was counsel in litigation related to Lupin’s Abbreviated New Drug Application that sought approval to market a generic equivalent to Medicis’ Solodyn® minocycline product. This litigation was settled on terms very favorable to Lupin.
  • Ortho-McNeil v. Lupin – Chris was counsel in litigation involving Lupin’s Abbreviated New Drug Application that sought approval to market a generic version of Levaquin® levlofloxacin tablets.
  • Wyeth v. Lupin Ltd. – Chris was counsel in litigation involving Lupin’s Abbreviated New Drug Application that sought approval to market a generic version of Effexor® XR Capsules. This action was settled.
  • Abbott v. Novopharm – Chris represented Novopharm in litigation successfully challenging the expiration date of Abbott’s basic patent on terazosin, the active ingredient in Hytrin®. This case was decided in favor of Novopharm (41 USPQ2d 1535 (Fed. Cir. 1997)).
  • Sloan-Kettering v. Fujisawa – Chris represented Fujisawa in litigation involving the validity of SK’s patent alleged to be infringed by Fujisawa’s Nebupent® aerosolized pentamidine. This action was settled on terms favorable to Fujisawa.
  • Lupin Atlantis Holdings v. Paddock – Chris was counsel for Lupin in litigation relating to Paddock’s Abbreviated New Drug Application that sought approval to market a generic equivalent to Lupin Atlantis Holding’s fenofibrate product.

Concluded Litigation in Other Technologies

  • Pall Corp. v. PTI Technologies (filtration technology)
  • Weatherchem Corp. v. J.L. Clark, Inc. (sealing technology)
  • Lemelson Foundation v. Cargill, Inc. et al. (machine vision)
  • Henderson Mfg. Co. v. Highway Equipment Co. (custom truck equipment)
  • Elkay Manufacturing Co. v. Ebco Manufacturing Co. (water coolers)
  • KV Pharmaceuticals v. Integrity Pharmaceuticals (nutritional supplements)
  • Sessions (Ferris) Pharmaceuticals v. Biopol (Korean Patent Office proceedings) (wound care)
  • Deublin Company (EP Oppositions)

SPEAKING ENGAGEMENTS & PRESENTATIONS

  • “Selected U.S. Patent Law Topics Relevant to Pharmaceutical and Biotech Practice (Patentability, Validity and Infringement),” Advanced Training Seminars for the All-China Patent Agents Association, Chicago, IL, September 2014, July and November 2013
  • “Current Issues and Strategies in U.S. Patent Prosecution,” Advanced Training Seminar for Patent Reexaminers of the People’s Republic of China (SIPO), Chicago, IL, June and October 2013
  • “Selected U.S. Patent Law Topics Relevant to Pharmaceutical and Biotech Practice (Patentability, Validity and Infringement),” Advanced Training Seminars for the All-China Patent Agents Association and State Intellectual Property Organization (SIPO), Chicago, IL, May, September and October 2012
  • “Patent Litigation Issues in the Context of Biotechnology and Pharmaceutical Patents,” Advanced Training Seminar for the All-China Patent Agents Association, Chicago, IL, June and September 2011
  • “Current Issues and Strategies in U.S. Patent Prosecution,” Advanced Training Seminar for Patent Reexaminers of the People’s Republic of China (SIPO), Chicago, IL, April, July and October 2010; April and October 2009; April and October 2008
  • “Recent Developments in U.S. Patent Law Affecting the Pharmaceutical Industry,” Global Generic Pharmaceutical Conference 2007, Mumbai, India, February 2007
  • “Patent Considerations in the Pharmaceutical Industry,” 58th Indian Pharmaceutical Congress, Mumbai, India, December 2006
  • “Current Issues and Strategies in U.S. Patent Prosecution,” Advanced Training Seminar for Patent Reexaminers of the People’s Republic of China (SIPO), Chicago, IL, October 2006
  • “Patent Barriers to Generic Pharmaceutical Entry,” AIPLA Road Shows, Boston, MA, Houston and San Jose, TX, June 2006
  • “The Changing Landscape of U.S. Patent Law,” Global Generic Pharmaceutical Conference 2006, Mumbai, India, March 2006
  • “Patent Issues and Trends In Cosmetic Formulations,” Society of Cosmetic Chemists, Chicago, IL, October 2005
  • “Due Diligence in IP Business Transactions,” Practicing Law Institute, Chicago, IL, March 2003 and 2004
  • “Senate Passes Bill Revising Hatch-Waxman Framework for Generic Drug Approval,” Regulatory Affairs FOCUS (Regulatory Affairs Professionals Society), September 2002
  • “Presentation on Process Patents,” National Association of Pharmaceutical and Manufacturers (NAPM) Bulk Drug Workshop, New York, NY, March 2001
  • “Presentation on Process Patents and Related Issues,” National Association of Pharmaceutical Manufacturers (NAPM) Annual Meeting, San Juan, Puerto Rico, January 2000
  • Presentations on patent law (patentability/freedom-to-operate/opinions) to client R&D teams