Dianne B. Elderkin

Partner Emeritus

Areas of Focus

Dianne B. Elderkin

Partner Emeritus

delderkin@akingump.com

Areas of Focus

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Biography
  • Accomplished trial lawyer and experienced patent lawyer.
  • One of the few registered patent lawyers to have been inducted into the American College of Trial Lawyers and the International Academy of Trial Lawyers.

Dianne Elderkin retired from the partnership in 2021. She represented clients in intellectual property (IP) disputes in federal courts, at the International Trade Commission (ITC) and at the United States Patent and Trademark Office. Her focus was in the life science fields, especially the biotechnology area, including cases regarding genetic engineering and antibody technology.

Dianne led a team of lawyers that represented client Bristol-Myers Squibb, Ono Pharmaceutical Co. and Japanese immunologist 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.

She served as lead of a legal team 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 her 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 at the time in a patent case. 

In addition, Dianne led a team of lawyers who won a jury verdict for client Janssen Biotech Inc. in a patent infringement suit brought by Abbott GMBH & Co. The jury returned a verdict that claims in two patents asserted by Abbott against Janssen’s antibody drug product, Stelara®, were invalid, and Federal Circuit Court affirmed that decision. Dianne and her team were also at the forefront of litigation under the Biologics Price Competition and Innovation Act (BPCIA), that represented client Janssen Biotech, Inc. in several litigations involving biosimilar challenges to Janssen’s blockbuster drug Remicade®.

Representative Work
  • Represented an innovator pharmaceutical company and a university in one of the first biosimilar patent challenges.
  • Represented a pharmaceutical company in patent infringement suits involving methods of treatment for cancer with biologics.
  • Represented a pharmaceutical company in inter partes reviews of a patent relating to the treatment of prostate cancer.
  • Represented a pharmaceutical company in an inventorship challenge to patents involving methods of treatment for cancer with biologics.
  • Represented a medical device company in a trade secret action.
  • Represented a pharmaceutical company in a patent infringement suit involving meningitis B vaccines.
  • Represented pharmaceutical companies in a patent infringement suit involving biologic therapeutics for treating hypercholesterolemia.
  • Represented on behalf of a diagnostics company and a university in a patent infringement suit involving methods and devices for detecting single nucleotide polymorphism.
  • Represented a medical device manufacturer in an ITC proceeding.

Education
  • J.D., The George Washington University Law School, with high honors, 1978

  • B.S., Bucknell University, 1975

Bar Admissions
  • Pennsylvania

  • U.S. Patent and Trademark Office

Recognitions
  • Chambers USA, leading practitioner in Intellectual Property–Pennsylvania, 2005 to 2022; described as “at the top of her game – she gets wonderful results and is a pleasure to work with.”
  • LMG Life Sciences, Leading Life Sciences Lawyer, 2021.
  • The Legal Intelligencer, Best Mentor, 2021.
  • IAM Patent 1000, 2019 - 2021.
  • The Legal 500 US, Patents: Litigation (Full Coverage), 2020-2021.
  • Managing Intellectual Property as an "IP Star" and as one of its “Top 250 Women in IP.”
  • Best Lawyers in America for Patent Litigation.
  • Legal 500.
  • Lawdragon 500 Hall of Fame.
  • Lawdragon 500. The International Who’s Who of Patent Law.
  • The Who’s Who Legal – Life Sciences, 2021.
  • The Who’s Who Legal – Compendium Edition.
  • Pennsylvania Super Lawyers as a leading patent litigator.
  • Pennsylvania Super Lawyers as among the Top 50 Women.
  • Named Lawyer of the Year in the area of Litigation – Patent in Philadelphia by Best Lawyers in America, 2013 and 2018.
  • Named as an Intellectual Property Trailblazer by the National Law Journal, 2017.
  • Listed in the IAM Patent 1000 and was described as “an excellent high-stakes litigator who has had a lot of success, Elderkin is trusted by clients, highly respected by judges and resonates with juries”, 2017.
  • Selected to IAM’s Global Leaders Guide, featuring the IP elite from across the IAM Patent 1000
  • Named a 2017 World IP Review.
Affiliations and Public Service
  • Member Conservation Committee, Philadelphia Museum of Art.
  • Former board member, current member, Development Committee, Philabundance, largest hunger relief organization in the Delaware Valley.

Insights and Achievements

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