Liane M. Peterson
Partner
Liane M. Peterson is a first chair trial litigator with extensive experience handling patent litigation in U.S. District Courts and before the U.S. International Trade Commission. She is co-chair of the firm’s IP Litigation Practice and a member of the Chemical, Biotechnology & Pharmaceutical Practice. Liane is also a member of the Life Sciences Industry Team as well as the Health Care & Life Sciences and Innovative Technology sectors.
Liane focuses her practice on complex patent litigation in the pharmaceutical and biotechnology fields, with a particular focus on Hatch-Waxman litigation. She has represented numerous pharmaceutical, biologics and life sciences companies in litigation at the district court and appellate levels across a wide range of matters involving small molecule drugs, biologics, cosmetics, vaccines, and diagnostics. Liane also routinely counsels clients including start-ups, and both large pharmaceutical companies and those engaged in early stage clinical research on a range of pre-litigation matters.
Liane also has significant experience handling Section 337 patent litigation for clients at the U.S. International Trade Commission as well as in handling patent litigation matters for clients in the medical device, electronics, semiconductor, financial services, flat glass, automotive, and communications industries.
Liane previously worked as a law clerk at the U.S. International Trade Commission in the Office of Unfair Import Investigations dealing with Section 337 investigations of unfair trade practices involving intellectual property rights. Prior to law school she served as a researcher at The Institute for Genomic Research in Rockville, Md.
Representative Experience
Pharmaceutical and Life Sciences Cases
- Allustra Technologies LLC v. Clarins USA, Inc., 1:22-cv-09948 (S.D.N.Y.)
- Trutek Corp. v. BlueWillow Biologics, Inc., 4:21-cv-10312 (E.D. Mich.)
- Ravgen, Inc. v. Myriad Genetics, Inc., 1:20-cv-01730 (D. Del.)
- Taiho Pharmaceutical Co., Ltd. v. Natco Pharma Ltd., 1:19-cv-2368 (D. Del.)
- Taiho Pharmaceutical Co., Ltd. v. MSN Laboratories Private Ltd., 1:19-cv-2342 (D. Del.)
- Taiho Pharmaceutical Co., Ltd. v. Accord Healthcare Inc., 1:19-cv-2321 (D. Del.)
- Taiho Pharmaceutical Co., Ltd. v. Eugia Pharma Specialties Ltd., 1:19-cv-2309 (D. Del.)
- Noven Pharmaceuticals, Inc. v. Actavis Laboratories UT, Inc., 1:18-cv-758 (D. Del.)
- Noven Pharmaceuticals, Inc. v. Amneal Pharmaceuticals, 1:18-cv-699 (D. Del.)
- NuGEN Technologies, Inc. v. Keygene NV, No. 4-18-cv-525 (N.D. Cal.)
- Noven Pharmaceuticals, Inc. v. Alvogen Pine Brook LLC, 1:17-cv-1429 (D. Del.)
- Noven Pharmaceuticals, Inc. v. Mylan Technologies Inc., et al., No. 1:15-cv-328 (D. Del.)
- Noven Pharmaceuticals, Inc. v. Actavis Laboratories UT, Inc., No. 1:15-cv-249 (D. Del.)
- Unimed Pharmaceuticals LLC, et al. v. Sandoz, Inc., No. 1:15-cv-1120 (D. Del.)
- Unimed Pharmaceuticals LLC, et al. v. Lupin Atlantis Holdings SA, No. 1:15-cv-904 (D. Del.)
- AstraZeneca LP, et al. v. HEC Pharm Co., Ltd., No. 1:15-cv-1041 (D. Del.)
- Actavis Laboratories UT, Inc. v. Par Pharmaceutical, Inc., No. 1:15-cv-886 (D. Del.)
- Sebela Pharmaceuticals v. Prinston Pharmaceutical, No. 2:14-cv-07400 (D.N.J.)
- Sebela Pharmaceuticals v. Actavis Laboratories FL, Inc., No. 2:14-cv-06414 (D.N.J.)
- Par Pharmaceutical, Inc. v. GlaxoSmithKline LLC and Aptalis Pharma, No. 1:14-cv-6627 (E.D. Pa.)
- AstraZeneca v. Sagent Pharmaceuticals, Inc. and Glenmark Pharmaceuticals Ltd., No. 1:14-cv-03547 (D.N.J.)
- Lyne Laboratories, Inc., et al. v. Lupin Ltd., No. 1:14-cv-10153 (D. Mass.)
- Unimed Pharmaceuticals LLC, et al. v. Perrigo Co., et al., No. 1:13-cv-236 (D. Del.)
- Boehringer Ingelheim et al. v. Kremers Urban Pharmaceuticals Inc., No. 1:13-cv-01580 (D.N.J.)
- Keygene NV v. Floragenex Inc., 3:11-CV-803(D. Or.)
- Pfizer Inc. et al. v. Kremers Urban, LLC, et al. (D. Del.)
- Sepracor Inc. et al. v. Pharmaceutical Associates, Inc. (D.N.J.)
- Schering Corp. v. Geopharma, Inc. (D.N.J.)
- Sanofi-Aventis v. Ebewe Pharma (D.N.J.)
ITC Cases
- Certain Residential Premises Security Monitoring and Automation Control Panels, 337-TA-1273
- Certain Fitness Devices, 337-TA-1265
- Certain Wearable Monitoring Devices, 337-TA-1190
- Certain Semiconductor Devices, Semiconductor Device Packages, and Products Containing Same, 337-TA-1010
- Certain Computing or Graphics Systems, Components Thereof, and Vehicles Containing Same, Inv. No. 337-TA-984
- Certain Dental Implants, Inv. No. 337-TA-934
- Certain Integrated Circuits and Products Containing Same, Inv. No. 337-TA-920
- Certain Optoelectronic Devices for Fiber Optic Communications, Inv. No. 337-TA-860
- Certain Motion Sensitive Sound Effects Devices and Image Display Devices and Components and Products Containing Same, Inv. No. 337-TA-773
- Certain Buffer Systems and Components Thereof Used in Container Processing Lines, Inv. No. 337-TA-609
- Certain Lighting Control Devices Including Dimmer Switches and/or Switches and Parts Thereof, Inv. No. 337-TA-599
- Certain Shirts with Pucker-Free Seams and Methods of Producing Same, Inv. No. 337-TA-517
Affiliations
- Member, American Bar Association
- Member, American Intellectual Property Association
- Member, ITC Trial Lawyers Association
- Member, Federal Circuit Bar Association
Presentations and Publications
- “Top Trends to Watch in Pharmaceutical Litigation,” Foley Health Care & Life Sciences Webinar (October 12, 2023)
- “U.S. Patent Litigation, including ITC, Hatch-Waxman and Biosimilar Litigation Proceedings,” presented with Lee & Ko and Korea Pharmaceutical and Bio-Pharma Manufacturers Association (September 26, 2023)
- “Statistics, Trends and Developments in Popular U.S. Patent Litigation Jurisdictions,” Japan Intellectual Property Association (September 27, 2023)
- “Timing Considerations for Section 337 Investigations and IPRs,” Bloomberg Law Professional Perspectives (October 13, 2022)
- “Hot Topics in U.S. Patent Litigation,” Winning in the Unknown – U.S. Intellectual Property Development Seminar Series (January 27, 2021)
- “Assessing the Limitations and Prospects of Obviousness-Type Double Patenting,” ACI Paragraph IV Disputes, New York (August 20-21, 2020)
- “Hatch-Waxman and BPCIA Fundamentals: Examining Follow-On Products and the Rules for Generic Entry,” ACI FDA Boot Camp, New York (March 23-25, 2020) (invited to speak; program cancelled)
- “Hot Topics on Patent Litigation,” 2019 Tokyo IP Conference (October 16, 2019)
- “Assessing Secondary Considerations in Light of Blocking Patents Post-Acorda,” ACI Paragraph IV Disputes, New York (April 29-30, 2019)
- “Latest Patent Litigation and IPR Considerations for Japanese Companies” and “USITC As Successful Venue for Patent Owners,” 2018 Tokyo IP Conference (October 11, 2018)
- “Deciphering the Business Implications of the On-Sale Bar,” ACI Paragraph IV Disputes, New York (April 23-24, 2018)
- “Hatch-Waxman Year-in-Review Panel,” ABA IP Law Section Annual Conference (April 7, 2016)
- “e-Discovery in U.S. Patent Litigation,” Advanced U.S. Patent Litigation Seminar Series, Osaka, Japan and Tokyo, Japan (January 27-28, 2016)
- “Beginning the Litigation: Initial Considerations and Strategies,” U.S. Patent Litigation Seminar Series, Osaka, Japan (May 15, 2014)
- Hatch-Waxman Litigation Seminar, Japan Pharmaceutical Manufacturers Association IP Committee, Tokyo, Japan (May 12, 2014)
- “Expert Discovery, Markman Hearings & Preparing for Trial,” U.S. Patent Litigation Seminar Series, Tokyo, Japan (November 14, 2013)
- “Motions for Summary Judgment, Attorney-Client Privilege and ITC Practice,” U.S. Patent Litigation Seminar Series, Tokyo, Japan (September 12, 2013)
- “Managing E-Discovery in U.S. Patent Litigation,” AIPPI Journal in Japan, Vol. 54, No. 10, 2009
- “Duty of Disclosure Requirements: Best Practice for Handling and Managing Disclosure Requirements,” TACPI D.C. Round Table Seminar (December 18, 2009)
- “Practical Steps to Address E-Discovery: New Battleground in U.S. IP Litigation,” TACPI D.C. Round Table Seminar (August 27, 2009)
- “Strategic Document Management for Corporate IP Practitioners,” presented to NGB and clients in Japan (May 19, 2009)
- “Proper Scope of ITC Remedies After Qualcomm,” IP Law360 (October 22, 2008)
Top Trends to Watch in Pharmaceutical Litigation
As the Health Care & Life Sciences sector continues to evolve, organizations across the country should be mindful of recent trends in pharmaceutical litigation.
Timing Considerations for Section 337 Investigations & IPRs
In June 2022, US Patent and Trademark Office Director Katherine Vidal released a guidance memorandum significantly limiting the circumstances in which the Patent Trial and Appeal Board (PTAB) should exercise its discretion to deny institution under Fintiv.
Foley Attorneys Author Article on “Timing Considerations for Section 337 Investigations & IPRs”
Foley & Lardner LLP Senior Counsel Brad Roush and Partners George Beck and Liane Peterson authored the Bloomberg Law Professional Perspectives article, “Timing Considerations for Section 337 Investigations & IPRs,” about what respondents should be aware of before filing a petition for inter partes review (IPR), specifically surrounding the timing and process leading up to the final written decision.
17th Annual IP Conference
Make plans to join us at Foley’s 17th annual IP Conference on Friday, November 12, 2021, for another year of collaborating on strategic IP management, protection, and litigation.
Winning in the Unknown - U.S. Intellectual Property Development Seminar Series
Japanese businesses with global footprints have been faced with stretching their strategic prowess and tactical agility in recalibrating their business goals and IP operations.
Peterson Comments on Growth of Generic Drug ‘First-Filers’
Partner Liane Peterson was quoted in a Bloomberg Law article, “Rush for Generic Go-Ahead on Novel Drugs Roils Pharma Industry,” about the growth in the number of generic drugmakers seeking to bring competing versions of brand name products to market as quickly as possible.