Profilo
Jonathan D. Ball, Ph.D. is a shareholder with nearly 25 years of experience representing clients in intellectual property matters, with an emphasis on patent litigation and contentious Patent Office proceedings. He also has wide-ranging experience in patent portfolio management, prosecution and licensing, and helps companies develop and implement worldwide IP strategies. Dr. Ball has served as lead counsel in patent cases in Federal District Courts throughout the United States. He has litigated numerous pharmaceutical and biotechnology cases, including cases under the Hatch-Waxman Act. He also handles appeals to the Court of Appeals for the Federal Circuit.
He regularly counsels clients in a broad range of technologies, including pharmaceuticals, biotechnology, biologics, chemicals, polymers, medical devices, energy, food sciences, cosmetics and consumer products. He has experience in a variety of bio-pharmaceutical matters, including Hatch-Waxman litigation, pre-ANDA diligence, and counseling on pharmaceutical patent life cycle management.
His practice includes transactional due diligence, particularly in the life sciences area, where he has represented a variety of companies, investment funds, and venture capital and private equity groups in connection with the acquisition and valuation of IP assets.
Dr. Ball is a frequent lecturer and writer on patent law issues, and is the author of a chapter on “Patent Prosecution” in Mathew Bender’s Intellectual Property Counseling & Litigation.
He holds a Ph.D. in organic chemistry from the University of North Carolina, Chapel Hill and was a post-doctoral researcher in the Department of Chemistry at Indiana University.
Concentrations
- Patent litigation
- Patent licensing
- Patent prosecution
- IP due diligence
- Patent opinions and counseling
- ANDA Hatch-Waxman litigation
- Post-issuance patent proceedings, including inter partes review
Competenze
Esperienze Professionali - Attività Accademiche
- Biofer S.p.A. v. Vifor (International) AG: Lead counsel representing Biofer in patent infringement litigation concerning the iron replacement product, Injectafer, and related manufacturing processes.
- Certain Casual Footwear and Packaging Thereof: Lead trial counsel for Quanzhou ZhengDe Network Corp., d/b/a Amoji in International Trade Commission (ITC). Obtained a Commission decision of non-infringement for all accused products.
- Fate Therapeutics, Inc. v. Shoreline Biosciences, Inc. et al.: Representing Fate Therapeutics in the Federal District Court for the Southern District of California to enforce Whitehead Institute patents directed to methods of making induced pluripotent stem cells (“iPSCs”).
- Vifor Fresenius Medical Care Renal Pharma Ltd., et al. v. Teva Pharmaceuticals USA, Inc., et al.: Trial counsel for Teva in the District of Delaware involving the VELPHORO® (sucroferric oxy-hydroxide) for treating hyperphosphatemia. Currently litigating newly-added Orange Book patents while the parties await a decision of the Court.
- Fairhaven Health, LLC v. Bio-Origyn, LLC: Lead counsel for Bio-Origyn in patent and breach of contract litigation relating to Women’s Health products.
- Almirall, LLC v. Amneal Pharmaceuticals LLC: Representing Amneal in its Paragraph IV challenge to Almirall’s patents in the District of Delaware relating to a generic version of Aczone® Gel, 7.5%.
- Ameziel, Inc. v. Wiesner Products, Inc.: Lead counsel for plaintiff Ameziel in patent infringement litigation involving consumer products.
- Inspirion Delivery Sciences, LLC v. Teva Pharmaceuticals USA, Inc. et al.: Represented Teva in Hatch-Waxman litigation in the District of New Jersey involving MORPHABOND® ER abuse-resistant opioids.
- Egalet US, Inc. v. Teva Pharmaceuticals USA, Inc.: Represented Teva in its Paragraph IV challenge to Egalet’s patents in the District of Delaware relating to a generic version of ARYMO® ER. Teva obtained a dismissal of the case with prejudice.
- Collegium Pharmaceutical Inc. v. Teva Pharmaceuticals USA, Inc.: Represented Teva in Hatch-Waxman litigation in the District of Delaware involving the XTAMPZA® “abuse-resistant” oxycodone formulation and curing process patents.
- Keryx Biopharmaceuticals Inc., et al. v. Teva Pharmaceuticals USA, Inc., et al.: Represented Teva in Hatch-Waxman litigation in the District of Delaware involving the AURYXIA® patents directed to ferric citrate formulations and associated methods of treating hyperphosphatemia in patients with chronic kidney disease.
- KSF Acquisition Corporation v. WELLNX Life Sciences USA: Lead counsel for KSF Acquisition Corp. d/b/a “Slimfast” in breach of contract and trademark infringement.
- Nalpropion v. Actavis Laboratories FL, Inc.: Lead appellate counsel for Actavis in appeal to Court of Appeals for the Federal Circuit relating to CONTRAVE® (naltrexone HCl/bupropion HCl) extended-release tablets. Obtained reversal of District Court on invalidity of two Orange Book patents.
- Bristol-Myers Squibb and Pfizer v. Emcure Pharmaceuticals: Represented Emcure in the Paragraph IV challenge of patents covering the billion-dollar ELIQUIS® product in the District of Delaware.
- Hetero v. Glenmark: Defended Glenmark in the District of New Jersey against patent infringement claims relating to the antibiotic drug compound Linezolid.
- Gilead Sciences, Inc. v. Teva Pharmaceuticals USA, Inc.: Representing Teva in the Paragraph IV ANDA challenge of Gilead Sciences, Inc.’s patents in the District of New Jersey relating to Sovaldi® (sofosbuvir) tablets indicated for the treatment of hepatitis C virus (HCV) infection.
- Egalet US, Inc. and Egalet Ltd. v. Teva Pharmaceuticals USA, Inc.: Representing Teva in the Paragraph IV ANDA challenge of Egalet US, Inc. and Egalet Ltd.’s patent in the District of Delaware relating to Arymo® ER (morphine sulfate) extended-release tablets indicated for the management of pain severe enough to require daily, around-the-clock, long-term opioid treatment and for which alternative treatment options are inadequate.
- Chiesi U.S.A., Inc. et al. v. Teva Pharmaceuticals USA, Inc.: Representing Teva in the Paragraph IV ANDA challenge of Chiesi USA Inc.’s patents in the District of Delaware relating to Bethkis® (tobramycin inhalation solution) indicated for the management of cystic fibrosis patients with Pseudomonas aeruginosa.
- Orexigen Therapeutics, Inc. v. Actavis Laboratories FL, Inc.: Representing Actavis/Teva in the Paragraph IV ANDA challenge of Orexigen Therapeutics' patents in the District of Delaware relating to Contrave® (naltrexone HCl/bupropion HCl) extended-release tablets indicated for the treatment of obesity and weight management.
- Pernix Ireland Pain Ltd and Pernix Therapeutics, LLC v. Actavis Laboratories FL, Inc.: Represented Actavis/Teva in the Paragraph IV ANDA challenge of Pernix Ireland Pain Ltd.'s patents in the District of Delaware relating to Zohydro® (hydrocodone bitartrate) extended release tablets indicated for the management of severe pain requiring daily, around the clock, long term treatment.
- LEO Pharma A/S et al v. Actavis Laboratories UT, Inc.: Represented Actavis/Teva in the Paragraph IV ANDA challenge of Leo Pharma A/S's patents in the District of Delaware relating to Picato® (ingenol mebutate) gel used to treat actinic keratosis on the skin.
- Meda et al. v. Teva Pharmaceuticals USA: Representing Teva in Hatch-Waxman litigation involving drug DYMISTA®.
- Delavau v. Corbion, et al.: Representing Delavau in patent litigation in District of New Jersey involving technologies for dietary calcium fortification.
- Represented a global manufacturer of titanium dioxide pigment in litigation brought by competition before the London Court of International Arbitration.
- Nextec Applications v. United States, et al.: Lead counsel for Brookwood Companies in Court of Federal Claims patent infringement action involving the manufacture of military apparel.
- Delavau v. Watson: Represented Delavau in patent infringement action brought in the Eastern District of Pennsylvania involving technology for dietary calcium fortification.
- Delavau v. J.M. Huber: Represented Delavau in preliminary injunction action brought in the District of New Jersey involving nutraceutical tablets.
- Enzo Life Sciences v. Affymetrix: Represented Enzo in breach of contract litigation in the Southern District of New York relating to labeled nucleotides and gene arrays.
- Enzo Biochem v. PerkinElmer: Represented Enzo in breach of contract and patent litigation in the Southern District of New York relating to labeled nucleotides.
- Roche Diagnostics v. Enzo Biochem: Represented Enzo in breach of contract and patent litigation in the Southern District of New York relating to clinical diagnostics.
- Enzo Biochem v. Molecular Probes, Inc.: Represented Enzo in breach of contract litigation in the Southern District of New York relating to labeled nucleotides and arrays.
- Nextec Applications v. Brookwood Companies, Inc.: Trial counsel for defendant Brookwood Companies in the Southern District of New York in patent infringement action involving polymer rheology. After a three week trial, we obtained a finding of non-infringement, which was upheld on appeal.
- GeoTag Inc., Aromatique Inc., et al., Represented defendant Avon Products in patent litigation in Eastern District of Texas relating to systems and methods that associate online information with geographic areas.
- Dr. Ball has represented clients in dozens of post-grant patent office proceedings, including patent reexaminations, inter partes review (IPR), and oppositions, in technologies ranging from cosmetics, paints and coatings, textiles, food science, labeled nucleotides and nucleic acid hybridization probes.
- Represents start-ups and Fortune 500 companies in protecting IP and developing patent portfolios in the areas of chemicals, pharmaceuticals, clinical diagnostics, medical devices, cosmetics, food science, nutraceuticals, paints and coatings, and many others.
Riconoscimenti e Premi
- Listed, Patexia, ANDA Litigation Intelligence Top 100, 2024
- Listed, The Legal 500 United States
- Intellectual Property > Patents: Litigation (International Trade Commission), 2024
- Healthcare > Life Sciences, 2024
- Listed, The Best Lawyers in America, Litigation - Patent, 2024-2025
- Listed, Managing IP Magazine's World IP Handbook and Survey, "IP Stars: Patent Stars," 2017-2024
- Listed, IAM magazine, "IAM Patent 1000," 2015-2024
- Prosecution, 2015-2024
- Litigation, 2021-2024
- Listed, LMG Life Sciences, “Life Science Stars," 2017-2024
- Listed, Super Lawyers magazine, New York Super Lawyers, "Rising Stars," 2013
Formazione
Formazione
-
Laurea magistrale in Giurisprudenza, cum laude, University of Richmond School of Law
- Finalist, Carrico Moot Court Competition
- Ph.D., University of North Carolina at Chapel Hill
- Diploma di maturità, Vassar College
Abilitazioni
- New York
- Supreme Court of the United States
- U.S. Court of Appeals for the Federal Circuit
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Southern District of New York
- U.S. Court of Federal Claims
- U.S. Patent and Trademark Office