Michael W. Johnson

Partner

New York
Willkie Farr & Gallagher LLP
787 Seventh Avenue
New York, NY 10019-6099
T 212 728 8137
F 212 728 9137
mjohnson1willkie.com

Michael W. Johnson is a partner in the Intellectual Property Department.  Michael's practice focuses on litigation concerning patents, copyrights, and trade secrets.  His litigation experience encompasses an array of technologies, including pharmaceuticals, biotechnology, medical devices, industrial chemicals, and consumer products, with particular focus on pharmaceuticals and biotechnology.

Michael has represented a variety of major life sciences companies in litigation matters.  In the pharmaceutical field, he has played a significant role in litigations involving drug products including: ertapenem (Invanz, cabazitaxel (Jevtana), naltrexone/bupropion (Contrave), paricalcitol (Zemplar), diclofenac (Cambia), lansoprazole (Prevacid Solutabs), valganciclovir (Valcyte), cefdinir (Omnicef), minocycline (Solodyn), amlodipine besylate (Norvasc), and alendronate (Fosamax).  In addition to his district court experience, Michael has prevailed in several appeals following trials and preliminary injunction decisions.

Michael’s practice also includes client counseling on patent infringement, validity, and enforceability, as well as intellectual property issues associated with transactional work including licensing and mergers.

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Highlights

Michael W. Johnson is a partner in the Intellectual Property Department.  Michael's practice focuses on litigation concerning patents, copyrights, and trade secrets.  His litigation experience encompasses an array of technologies, including pharmaceuticals, biotechnology, medical devices, industrial chemicals, and consumer products, with particular focus on pharmaceuticals and biotechnology.

Selected Significant Matters

  • Amgen v. Hospira (erythropoietin) – Currently representing Hospira in one of the first litigations under the BPCIA regarding Epogen.
  • Sanoif v. Actavis (cabazitaxel) – Currently representing Actavis in this patent litigation concerning Jevtana.
  • Merck v. Hosipra (ertapenem) – Currently representing Hospira in this litigation concerning Invanz.
  • Takeda v. Actavis (naltrexone/bupropion) - Currently representing Actavis in this patent litigation concerning Contrave.
  • AbbVie v. Hospira (paricalcitol) – Second-chair trial counsel representing Hospira in this patent litigation concerning four patents related to Zemplar.
  • Shire v. Neos (mixed amphetamines) – Represented Neos in this patent litigation regarding Adderall XR.
  • Nautilus v. Wockhardt & Edict (diclofenac) – Represented a branded pharmaceutical company against two generic challengers on four patents related to novel formulations and methods of treatment for diclofenac. 
  • Arkema v. Honeywell – Currently representing a chemical company in a declaratory judgment action seeking to invalidate patents directed to 1234yf, a hydrofluorocarbon used in automobile refrigeration.
  • Bloomberg v. Swatch – Represented Bloomberg L.P. in its fair use defense to claims brought by Swatch Ltd for copyright infringement.
  • Takeda v. Teva (lansoprazole) – Successfully represented Teva in the Federal Circuit on an appeal from a district court decision of non-infringement. The Federal Circuit affirmed the district court’s decision one day after oral argument.
  • Abbott Labs. v. Teva (cefdinir) - Successfully defended Teva from a preliminary injunction motion. Successfully represented Teva in the appeal from the denial of the preliminary injunction motion.
  • Pfizer v. Synthon BV (amlodipine) - Successfully represented Synthon in a Federal Circuit appeal resulting in the patent being held invalid as obvious.
  • Takeda v. Barr (lansoprazole) - Represented Barr in patent litigation concerning two patents on an orally-disintegrating formulation.
  • Medicis v. Barr (minocycline) - Represented Barr in this litigation which resulted in a favorable settlement for our client.
  • Honeywell v. Philips Lumileds – Represented LumiLEDs, successfully moved to disqualify patentee’s lead counsel and sought reexamination based on anticipating prior art. Client thereafter received a very favorable settlement.
  • OSI Pharma., Pfizer & Genentech v. Teva (erlotinib) – Represented Teva in a patent litigation concerning three patents.
  • Ortho McNeil v. Barr (norgestimate/ethinyl estradiol) - Represented Barr in a preliminary injunction hearing on this successful oral contraceptive.
  • Roche v. Ranbaxy (valganciclovir) - Defended Ranbaxy from charges of infringement on a polymorph patent.

Selected Professional and Business Activities

Michael is a member of the New York Intellectual Property Law Association where he currently serves as Co-Chairperson of the Programs Committee.  Michael is also a member of the American Intellectual Property Association.

Publications / News / Events

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