Erin J.D. Austin

Counsel
Austin Erin

Erin Austin is a patent litigator experienced with Hatch-Waxman Act litigation and contested proceedings before the United States Patent and Trademark Office (USPTO), including inter partes reviews (IPRs) and interferences.  Erin assists clients with coordinating parallel ex-U.S. patent litigation and opposition proceedings.  She also handles due diligence investigations for high-profile acquisitions, patent prosecution, and opinion work. She has worked on matters involving a range of technologies, including small-molecule pharmaceuticals, formulations, polymorphs, chemical processes, toner bottles for laser copiers, and loyalty rewards programs. 

Erin’s technical background is in the chemical and pharmaceutical arts. Prior to joining the firm, Erin was a chemist in the pharmaceutical industry. 

Experience

Representative Matters

  • Represented Astellas Pharma in litigation against multiple generic defendants on patents covering the prostate cancer drug Xtandi®
  • Represented Gilead in a collaboration deal with Goldfinch Bio, relating to kidney diseases, valued at more than $2 billion
  • Represented Canon in litigation against General Plastic and Color Imaging on a patent covering toner bottles for laser copiers
  • Represented Gilead in its acquisition of Nimbus Apollo Inc. and its acetyl-CoA carboxylase (ACC) inhibitor program – a deal valued at $1.2 billion
  • Represented Canon against General Plastic in multiple IPRs involving patents covering toner bottles for laser copiers
  • Represented Astellas Pharma in litigation against multiple defendants on patents covering the injectable antifungal drug Mycamine®
  • Represented Askeladden against McGhie in multiple IPRs involving patents covering loyalty rewards programs
  • Represented Gilead against Idenix in two interferences involving nucleoside analogs useful for treating HCV infection
  • Represented Gilead in its $11 billion acquisition of Pharmasset’s anti-HCV nucleotide, sofosbuvir, which is included in Gilead’s Sovaldi®, Harvoni®, and Epclusa® products
     

Representative Clients

  • Astellas Pharma
  • Canon
  • Gilead

Insights

Credentials
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Education

  • J.D. summa cum laude Benjamin N. Cardozo School of Law 2010
  • Order of the Coif
  • M.S. Chemistry California Institute of Technology 2005
  • B.S. Chemistry Massachusetts Institute of Technology 2003

Bar Admissions

  • New York
  • New Jersey
  • U.S. Patent and Trademark Office

Court Admissions

  • U.S. Tax Court
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the District of New Jersey
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York

Professional Memberships and Activities

  • New York Intellectual Property Law Association
  • American Intellectual Property Law Association