Brian Sodikoff

Partner
brian.sodikoff@kattenlaw.com
Chicago Office
p+1.312.902.5462
f+1.312.902.1061
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Overview

Brian Sodikoff, national head of the firm's Patent Litigation group, devotes a significant part of his practice to complex patent litigation and has worked on all phases of cases involving a diverse array of technologies, including medical devices, thermoplastic air bag covers, automated truck transmissions, DVD technology and hard disk drives.

A significant portion of Brian's practice is dedicated to working with pharmaceutical companies to help grow their business. Brian has particular experience in the interplay between patent law and procedures, FDA law and regulations, and competition law, and how they impact a company's ability to enter the market. Brian has represented numerous leading pharmaceutical companies in Hatch-Waxman patent litigations, including significant pre-trial, trial and appellate success. With his knowledge of the industry, Brian also is routinely tapped for guidance on a wide range of activities, from internal product selection to crafting settlement agreements, to diligence on acquisitions of select drugs or companies.

A registered patent attorney, Brian prosecutes and secures patents, partnering with clients to design and implement customized strategies to create strong patent protection that transforms ideas into competitive business advantages. He particularly enjoys working with entrepreneurial companies and start-ups, and has worked with several local incubators and universities on IP issues for young companies. Brian also leads the Chicago office's IP pro bono group.

Shown below is a selection of Brian’s engagements.

Experience
  • Representation of Sawai in patent litigation surrounding a proposed generic version of Myrbetriq® (mirabegron). Currently litigating.
  • Representation of MedTorque in patent litigation surrounding a medical device. Secured dismissal of one of three asserted patents in a motion to dismiss, and currently litigating the remainder.
  • Representation of Apotex in patent litigation surrounding a proposed generic version of Provigil® (modafinil). At trial, proved the relevant patent unenforceable in one of the first cases applying the Federal Circuit's heightened Therasense standard. Also proved the patent invalid on multiple grounds, and not infringed. Defended the district court judgments at the Federal Circuit, which affirmed per curiam. Apotex, Inc. v. Cephalon, Inc., 2011 WL 6090696 (E.D. Pa. 2011), aff'd, Case No. 2012-1417 (Fed. Cir. Apr. 8, 2013). Currently representing Apotex in antitrust claims for being improperly held out of the market for several years.
  • Representation of Sagent in acquisition of multiple ANDAs from Teva/Actavis as part of the FTC's required divestment of products in relation to Teva's acquisition of Actavis from Allergan. Work included diligence and working with Sagent to qualify it as an approved acquiror with the FTC.
  • Representation of Qilu in patent litigation surrounding a proposed generic version of Aloxi® (palonosetron). Favorable confidential settlement reached.
  • Representation of Apotex in patent litigation surrounding a proposed generic version of Aricept® (donepezil). Favorable confidential settlement reached.
  • Representation of Apotex in patent litigation surrounding a proposed generic version of Zyvox® (linezolid). Favorable confidential settlement reached after summary judgment motions were filed.
  • Representation of Apotex in patent litigation surrounding a proposed generic version of Azilect® (rasagiline mesylate). Favorable confidential settlement reached just before trial.
  • Representation of Strides in patent litigation surrounding proposed generic versions of Zometa® and Reclast® (zoledronic acid). Representation ended after Strides was purchased by Mylan.
  • Representation of Sun in patent litigation surrounding a generic version of Protonix® (pantoprazole). Retained by Sun after an earlier launch at-risk. Negotiated settlement during jury trial on damages.
  • Representation of Apotex in patent litigation surrounding a generic version of Prilosec® (omeprazole). Retained after a finding of validity and infringement to handle damages portion of the case. Successfully dismissed claims for willful infringement, enhanced damages and anything other than a reasonable royalty.
  • Representation of Apotex in patent litigation surrounding a generic version of Alphagan® (brimonidine tartrate). Represented Apotex at trial and on appeal, invalidating a number of patent claims. In re Brimonidine Patent Litigation, 643 F.3d 1866 (2011).
  • Representation of Apotex in patent litigation surrounding a generic version of Patanol® (olopatadine). Represented Apotex at trial and on appeal, invalidating most of the asserted claims as obvious. Apotex Inc. v. Alcon Research, Ltd., 687 F3d 1362 (Fed. Cir. 2012).
  • Representation of Apotex in patent litigation surrounding a proposed generic version of Norvasc® (amlodipine besylate). Invalidated the patent in a widely cited Federal Circuit opinion. Pfizer v. Apotex, Inc., 480 F.3d 1348 (Fed. Cir. 2007).
  • Representation of Apotex in patent litigation surrounding a generic version of Floxin Otic® (ofloxacin). Handled trial and appeal for client, and successfully invalidated all asserted claims on appeal. In addition, was able to recover several million dollars from a posted bond for an improvidently issued injunction. Daiichi v. Apotex, Inc., 501 F.3d 1254 (Fed. Cir. 2007).

Recognition

Super Lawyers Rising Stars, 2012–2013

DePaul 14 Under 40

DePaul 14 Under 40, 2013
Super Lawyers, 2014–2016

Education

  • JD, DePaul University College of Law, summa cum laude
  • BS, Vanderbilt University

Bar Admissions

  • Illinois
  • US Patent & Trademark Office

Court Admissions

  • US District Court, Northern District of Illinois
  • US Court of Appeals, Federal Circuit

Recognition

2012–2013

DePaul 14 Under 40

2013
2014–2016
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Memberships

  • American Bar Association
  • The Chicago Bar Association

Languages

  • Spanish
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