Erin J.D. Austin
Patent Litigation and USPTO Proceedings
Erin has significant experience representing clients in ANDA cases and handles all phases of federal court litigation, including early case assessment, claim construction, fact and expert discovery, trial, and appeal. She also represents clients in contested proceedings before the USPTO, including inter partes reviews (IPRs) and interference proceedings. Her Patent Trial and Appeal Board (PTAB) work includes developing strategies to challenge or defend patent claims and coordinating those proceedings with related district court litigation to advance clients' overall positions.
Erin also assists clients in coordinating parallel ex-U.S. patent litigation and opposition proceedings, helping to align strategies across jurisdictions, protect global intellectual property portfolios, and secure freedom to operate.
Due Diligence, Patent Prosecution, and Counseling
Erin handles IP due diligence investigations for high-profile acquisitions, providing critical assessments of patent portfolios and associated risks in complex corporate transactions. She also handles patent prosecution and opinion work, including ex parte prosecution appeals before the USPTO.
Technical Background and Pharmaceutical Experience
In the pharmaceutical space, Erin's experience spans therapeutic areas that include chemotherapies, hormone-receptor antagonists, anti-infectives, antivirals, and ophthalmic drugs. Her technical background and laboratory experience give her a scientific foundation from which to engage deeply with technical evidence, communicate effectively with inventors and experts, and craft persuasive arguments grounded in a thorough understanding of the matter at hand. Having seen what pharmaceutical research and development looks like in practice, she brings an in-house perspective that helps her understand her clients' businesses.
Erin began her legal career as an associate at Fitzpatrick, Cella, Harper & Scinto, which is now part of Venable.
Experience
Representative Matters
- Representing Astellas against Cipla, Annora, Xuanmu Hangzhou, and Apotex on patents covering Cresemba® used to treat fungal infections
- Representing Jazz and Pharma Mar against InvaGen, RK Pharma, Dr. Reddy’s, Zydus, MSN, and Sandoz on patents covering the small cell lung cancer drug Zepzelca®
- Represented Melinta Therapeutics against Nexus on patents covering Minocin® used to treat bacterial infections
- Represented Astellas, Pfizer, and the University of California in litigation against Actavis, Apotex, Aurobindo, Hikma, Zydus, Sandoz, Sun, Humanwell PuraCap, Qilu, SinoTherapeutics, Ascent, Lupin, and Hetero 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 in litigation against multiple defendants, including Apotex and Xellia, 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
- Jazz Pharmaceuticals
- Melinta Therapeutics
- Pfizer
Insights
Credentials
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
- Member, New York Intellectual Property Law Association
- Member, American Intellectual Property Law Association
- Member, Federal Circuit Bar Association
Community
Pro Bono
- Erin has worked on a variety of pro bono matters, including a Special Immigrant Juvenile Status (SIJS) case, handling Social Security Disability Insurance appeals (with Legal Aid Society), and a Brady violation screening (with the Mid-Atlantic Innocence Project)