Steven D. Maslowski Partner, Intellectual Property

Steven D. Maslowski

Partner

Areas of Focus

Steven D. Maslowski Partner, Intellectual Property

Steven D. Maslowski

Partner

smaslowski@akingump.com

Areas of Focus

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Biography
  • Lead trial lawyer who litigates patent infringement disputes in the life sciences.
  • Cases have involved highly-complex biological and chemical inventions, as well as medical devices.
  • Leads the firm’s intellectual property practice.

Steve works with life sciences companies in major patent litigation involving leading-edge health care treatments. He has been a leader on trial teams for some of the biggest cases in the biotechnology and medical device fields. He also represents clients in matters involving trade secret, tortious interference, trademark and copyright issues.

Steve leads a team with strong and specific experience in the life science intellectual property area, capable of and successful in handling massive, critical cases for clients. For more than two decades, he has been deeply engaged in legal work for the industry in areas of explosive growth, including antibody technology and cancer immunotherapy.

Representative Work
  • Lead counsel for Boston Scientific in a series of patent and trade secret infringement litigations against Nevro Corp. in the District of Delaware relating to spinal cord stimulation technology. The cases involved affirmative patent and trade secret claims asserted by Boston Scientific, counterclaims for patent infringement asserted by Nevro, and parallel petitions for inter partes review in both directions before the PTAB. In a first trial, the jury returned a verdict finding Nevro liable for willful patent infringement and awarded Boston Scientific $20 million in damages. All matters settled favorably prior to two subsequent jury trials that were scheduled.
  • Lead counsel for 3M Company, Merck & Co., Inc. and Merck, Sharp & Dohme Corp. in patent infringement suit filed by AptarGroup, Inc. relating to Merck’s Dulera® prescription asthma product. Achieved a complete victory whereby the asserted patents were invalidated in parallel IPRs and the complaint was dismissed with prejudice.
  • Represented Bristol-Myers Squibb, Ono Pharmaceutical Co. and Nobel laureate Dr. Tasuku Honjo in patent litigation involving revolutionary immuno-oncology treatment methods. The team’s work contributed to a worldwide settlement that included an initial payment by defendant Merck & Co., Inc. of $625 million and payment of ongoing royalties through 2026.
  • Lead counsel for Ethicon-Endo Surgery, a subsidiary of Johnson & Johnson, in an arbitration brought by EndoEvolution alleging trade secret misappropriation, breach of contract, fraud and breach of the implied covenant of good faith and fair dealing in connection with Ethicon’s launch of a new product. At stake were tens of millions of dollars in alleged damages and a potential injunction halting sales of a new product. Obtained complete victory for client on all claims.
  • Lead counsel for Bristol-Myers Squibb, Ono Pharmaceutical Co. and Nobel laureate Dr. Tasuku Honjo in multiple patent infringement litigations against AstraZeneca related to anti-PD-L1 and anti-CTLA-4 antibodies. Succeeded in obtaining favorable settlement for all cases.
  • Represented Janssen Biotech Inc. in patent infringement suit brought by Abbott GMBH & Co. The jury returned a verdict that claims in two patents asserted by Abbott against Janssen’s multi-billion dollar antibody drug product, Stelara®, were invalid. The district court’s judgment was affirmed by the Federal Circuit.
  • Successfully defended Ethicon Endo-Surgery, Inc. in multiple patent infringement actions brought by Tyco Healthcare Group LP/Covidien relating to ultrasonic surgical tools. Following multiple trials, obtained a complete victory for Ethicon, including invalidation of all asserted claims.
  • Led damages case for trial team who in 2009 won a $1.67 billion patent jury verdict—reported at the time by Bloomberg to be the largest in U.S. history—for clients Centocor Ortho Biotech and New York University against Abbott Laboratories for its flagship product, Humira®.
  • Lead counsel for Butterfly Network Inc. in patent infringement action brought by Fujifilm Sonosite related to handheld ultrasound technology. Following institution of multiple inter partes review proceedings concerning Fujifilm’s asserted patents, favorable settlement was achieved.
  • Represented Respondent Ethicon, Inc. in ITC investigation initiated by Baxter Healthcare, seeking exclusion of Ethicon’s hemostatic product Surgiflo®. Following trial, and the ITC Investigative Staff’s post-trial brief finding no violation of Section 337, the matter settled successfully.
  • Lead counsel for Johnson & Johnson and Kenvue Inc. in patent infringement action brought by GlycoBioSciences, Inc. related to skin care products containing hyaluronic acid. Obtained pre-answer dismissal of case.
  • Lead counsel for Johnson & Johnson Consumer, Inc. in patent infringement action brought by Medical Light Technology, LLC relating to phototherapy products. Succeeded in obtaining favorable settlement.
  • Lead counsel for DePuy Synthes Sales, Inc. and DePuy Mitek, LLC in patent infringement lawsuits relating to surgical screws and anchors. Succeeded in obtaining favorable settlements.
  • Represented pharmaceutical companies in patent infringement suit involving biologic therapies for treating hypercholesterolemia.
  • Represented pharmaceutical company in defending against claims in multiple ANDA litigations. Prevailed at trial and on appeal to the Federal Circuit.
  • Lead counsel for innovator pharmaceutical company and two research institutions in ongoing ANDA actions involving challenges by multiple generic manufacturers to compound, polymorph, and method of treatment patents protecting multi-billion dollar cancer therapy.

"Steve is an outstanding trial lawyer who understands the underlying business needs in litigation. He is terrific at oral arguments in court and is smart, conscientious and easy to work with."

Chambers USA, 2021

Education
  • J.D., The George Washington University Law School, with honors, 1999

  • B.S., Pennsylvania State University, 1995

Bar Admissions
  • Pennsylvania

  • U.S. Patent and Trademark Office

Recognitions
  • BTI Consulting Group, Client Service All-Star, 2024.
  • IAM, IAM Global Leaders, 2023-2024.
  • Chambers USA, Leading Practitioner in Intellectual Property, 2017-2024; Described as a "phenomenal lawyer, held in high regard by his clients."
  • Managing IP, Americas Managing IP Awards, Litigator of the Year for Pennsylvania, 2022.
  • LMG Life Sciences, Leading Life Sciences Lawyer, 2021 and Life Sciences Star, 2022.
  • The Legal Intelligencer, Pennsylvania Trailblazers, 2020.
  • Best Lawyers in America, Lawyer of the Year, Litigation – Patent; Philadelphia, 2022.
  • Best Lawyers in America, Litigation – Patent, 2013-2021.
  • IAM Patent 1000, 2019-2021, 2024; Noted as “decisive and foresighted” with “superb lead counsel experience.” Also considered “brilliant at cross-examination.”
  • The Legal 500 US, Patents: Litigation (Full Coverage), 2020-2024.
  • The Legal 500 US, Patents: Litigation (International Trade Commission), 2020-2024.
  • Managing Intellectual Property, IP Stars – Patent Star, 2019-2023.
  • Philadelphia Business Journal, Best of the Bar Award, 2017.
  • Law360, Top 10 Intellectual Property Lawyers under 40 to Watch in the United States, 2010.
Affiliations and Public Service
  • Volunteer lawyer, Support Center for Child Advocates.
  • Adjunct professor, Patent Litigation, Temple University Beasley School of Law.
Speeches and Publications
  • “The Costs and Consequences of Determining Venue Post-Valeant v. Mylan: Coordinating Multiple ANDA Suits through MDLs,” ACI Paragraph IV Disputes, April 26, 2022.
  • "Skinny Labeling Post-GSK v. Teva: How the Decision Will Inform Biosimilar Carve-Outs," ACI Summit on Biosimilars, June 22, 2021.
  • "The Doctrine of Equivalents: Analyzing the Effects of Recent Federal Circuit Decisions on Litigation Strategies,” ACI Paragraph IV Disputes, October 6, 2020.
  • “Trade Secrets for the Patent Litigator,” Federal Circuit Bar Association Bench & Bar Conference, June 16, 2020.
  • “Getting Your (Patent) House in Order: Preparing for Biosimilar Challenges,” BIO IP Counsels Committee Conference, November 20, 2019.
  • “Roundtable Discussion – Gene Therapy and Diagnosis Session,” International BioPharm IP Operations Conference (Nanjing, China), September 5, 2019.
  • "A Question of Standing: Establishing the Right to Appeal a PTAB Decision,” ACI Summit on Biosimilars, June 24, 2019.
  • "The BPCIA is Turning Ten: What's Next for Biosimilars?,” Biotechnology Industry Organization (BIO) Annual Meeting, June 3, 2019.
  • “Patent and Competition Law,” Federal Circuit Bar Association—The Global Series 2018, April 29, 2018.
  • “Economic Tools Used for Patent Damages Estimation,” Intellectual Property Owners Association Damages and Injunctions Committee Conference, June 7, 2017.
  • “IPRs, CBMs, and the PTAB: Where Have We Been and Where are We Going?” Intellectual Property Owners Association annual meeting, September 13, 2016.
  • “Current Developments and Strategies Relating to Divided Patent Infringement,” PBI Intellectual Property Law Institute, April 28, 2015.
  • Inter Partes Review: The First Eighteen Months,” Philadelphia Intellectual Property Law Association, March 19, 2014.

Insights and Achievements

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