John W. Bateman has over 20 years of experience litigating intellectual property disputes, including serving as lead counsel for Kenyon’s clients both at trial and on appeal. He has worked on a wide variety of matters, including ones concerning patents, trademarks, copyrights and trade secrets, and has practiced before the Court of Appeals for the Federal Circuit, numerous federal district courts, the U.S. International Trade Commission (ITC), and the U.S. Patent and Trademark Office Board of Patent Appeals and Interferences. He has been recognized by a number of legal ranking publications, including Washington, DC Super Lawyers (2013) and The Legal 500 United States (2012).

In recent years, Mr. Bateman’s litigation practice has focused on matters involving pharmaceutical products, medical devices and biotechnology, with a particular emphasis on representing generic companies in actions brought under the Hatch-Waxman Act. However, he has worked on matters involving a wide range of products, including electrical connectors, gasoline pumps, and drapery hooks. 

Mr. Bateman’s practice also involves rendering opinions on infringement and validity issues regarding generic pharmaceutical products. His years of experience with Hatch-Waxman cases help him develop arguments that are more likely to prevail in litigation. In addition, he is a United States contributing author for Pharmaceutical, Biotechnology, and Chemical Inventions: World Protection and Exploitation, which was published by Oxford University Press in February 2011.

Mr. Bateman also has extensive knowledge regarding section 337 investigations at the International Trade Commission. He has litigated a number of such cases, has served on the Executive Committee of the ITC Trial Lawyers Association, and is a co-author of Unfair Competition and the ITC, a handbook on section 337 practices and procedures.

representative matters

 

Purdue Pharma L.P. v. Watson Laboratories, Inc.-Florida and Andrx Labs, LLC (S.D.N.Y.) (served as lead counsel in Hatch-Waxman case involving Watson’s and Andrx’s generic versions of OxyContin® drug product that settled favorably in 2013)

Duramed Pharmaceuticals, Inc. v. Watson Pharmaceuticals, Inc. (D.N.J.) (served as lead counsel in case involving generic version of Seasonale® oral contraceptive product made by Kenyon’s client Watson that settled favorably in 2010)

Pfizer, Inc. v. Synthon Laboratories, Inc. (M.D.N.C.) (served as second chair at 2006 trial in Hatch-Waxman case involving generic version of Norvasc® drug product made by Kenyon’s client Synthon, in which Federal Circuit held in 2007 that Pfizer’s patent was invalid)

Cephalon, Inc. v. Teva Pharmaceuticals USA, Inc. (D.N.J.) (served as lead counsel in Hatch-Waxman case involving generic version of Provigil drug product made by Kenyon’s client Teva that settled favorably in 2005)

Texas Instruments, Inc. v. Cypress Semiconductor Corp. (ITC and Fed. Cir.) (assisted at trial and on appeal in case in which Federal Circuit in 1993 affirmed the ITC's 1991 decision that Kenyon's clients, four American semiconductor companies, could continue to import integrated circuits that TI had alleged infringed its patent)

bar and court admissions
  • District of Columbia
  • Registered Patent Attorney: U.S. Patent and Trademark Office
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the District of Columbia
  • U.S. District Court for the Eastern District of Virginia
  • U.S. District Court for the Western District of Virginia
  • U.S. Supreme Court
  • Virginia