Dianne Elderkin concentrates in trying patent infringement cases. For over twenty years, she has litigated and tried cases all over the country, involving a wide range of technologies, including biologic therapeutics, pharmaceuticals, medical devices, diagnostic methods and devices and consumer products. Ms. Elderkin has not only successfully tried cases to the bench and to juries, she has argued appeals to the Court of Appeals for the Federal Circuit and represented clients in numerous arbitrations.

In June 2009, Ms. Elderkin led a team of lawyers who won a jury verdict for clients Centocor Ortho Biotech, Inc. and New York University in a patent infringement suit against Abbott Laboratories for its flagship product, Humira®. The jury returned a verdict that Ms. Elderkin’s clients’ patent was infringed and not invalid, and awarded damages of $1.67 billion, reported by Bloomberg to be the largest jury verdict in U.S. history in a patent case. The American Lawyer named her “Litigator of the Week” on July 1, 2009. She is the first woman selected for this honor. At the conclusion of the jury trial, the trial judge commented, referring to both sides’ team of trial counsel, “You will never see a better group of lawyers. . .”

Ms. Elderkin brings extensive experience in patent prosecution and as in-house patent counsel to bear in counseling her clients and representing them in litigation. She served as in-house patent counsel at the DuPont Company for nine years, prior to entering private practice.

Representative matters in which Ms. Elderkin served as counsel include—

• currently representing pharmaceutical company in series of patent infringement suits involving biologic therapeutics (D. Mass.)
• currently defending consumer products company in suit involving claim of ownership to patent on hand cleansers (D. Del.)
• represented pharmaceutical company in challenging biotechnology patent; succeeded in obtaining settlement saving client tens of millions of dollars in royalties (C.D. Calif.)
• defended medical device company in patent infringement suit involving surgical instruments; succeeded in having case dismissed on directed verdict (D. Conn.)
• defended medical device company in patent infringement suit involving dural implants; succeeded in obtaining favorable settlement (D. N.J.)
• defended contact lens manufacturer in patent infringement suit involving bifocal contact lenses; succeeded in obtaining favorable settlement (E.D. Tex.)
• defended pharmaceutical company in international arbitration involving license dispute; succeeded in obtaining settlement saving client substantial royalties (LCIA)
• defended pharmaceutical company in patent infringement suit involving cystic fibrosis drug; succeeded in obtaining favorable settlement (E.D. Pa.)
• represented home blood glucose meter manufacturer in a series of patent infringement suits against generic strip manufacturers; succeeded in obtaining preliminary and permanent injunction against largest generic strip manufacturer and in obtaining favorable settlements against other defendants (N.D. Cal., D. Del.)
• represented dental device company in patent infringement suit; succeeded in obtaining jury verdict and enhanced damages for willful infringement (D. Del.)
• represented consumer device company in asserting patent against competitor; succeeded in winning arbitration award for client (D. Colo.; private arbitration).

Ms. Elderkin is a fellow in the American College of Trial Lawyers and in the International Academy of Trial Lawyers. She has been repeatedly recognized by Chambers USA, the Best Lawyers in America guide, Legal 500, LawDragon 500, The International Who’s Who of Patent Law and Pennsylvania Super Lawyers as a leading patent litigator. Other recent professional recognitions received by Ms. Elderkin include—

• IAM 2010 Life Sciences 250 included Ms. Elderkin in the Best of the Best issue as one of eleven top life sciences patent litigators in the United States
• The Legal Intelligencer named Ms. Elderkin a Woman of Distinction in 2010, an honor bestowed upon select attorneys in Pennsylvania
• Ms. Elderkin has been named repeatedly among the Top 50 Women by Pennsylvania Super Lawyers.

Ms. Elderkin is the chair of the American Intellectual Property Law Association’s Patent Litigation Committee, and has served as co-chair and faculty member for the Sedona Conference on Patent Litigation. She serves as a board member for Philabundance, the Philadelphia region’s largest food bank and hunger relief organization, and has served as a trustee of the American Intellectual Property Law Education Foundation, an organization that provides scholarships for minority students seeking careers in intellectual property law.

Ms. Elderkin received her J.D. with high honors from The George Washington University Law School in 1978, where she was a member of the Order of the Coif. She received her B.S. in chemistry in 1975 from Bucknell University. She is registered to practice before the U.S. Patent and Trademark Office.