Steven D. Maslowski is a trial lawyer who focuses his practice on litigating patent infringement disputes in the life sciences, including highly complex biological and chemical inventions, such as monoclonal antibodies, small molecule drugs and polymer compositions, as well as medical devices. Mr. Maslowski has also been counsel in numerous inter partes review proceedings before the United States Patent and Trademark Office. Mr. Maslowski is co-head of the firm’s intellectual property (IP) practice and also sits on the firm’s intellectual property (IP) committee.
Practice & Background
Mr. Maslowski has substantial—and very successful—trial experience in some of the most high-profile, “bet-the-company” patent cases. For example, in June 2009, Mr. Maslowski was a part of the team of trial lawyers who won a $1.67 billion jury verdict in the Eastern District of Texas 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 the patent-in-suit was willfully infringed and not invalid. The $1.67 billion verdict was reported by Bloomberg to be the largest patent jury verdict in U.S. history. At trial, Mr. Maslowski led the damages part of the case.
Mr. Maslowski was also a part of the team of trial 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. The judgment was affirmed by the Federal Circuit.
Mr. Maslowski was also a member of the trial team that successfully defended Ethicon Endo-Surgery, Inc. in a patent infringement action brought by Tyco Healthcare Group LP related to ultrasonic surgical tools. He conducted the key cross-examinations that formed the basis of the grant of judgment as a matter of law in Ethicon’s favor, resulting in the dismissal of Tyco’s nearly $300 million claim in the middle of trial, a decision that was affirmed by the Court of Appeals for the Federal Circuit. In a subsequent action brought by Covidien, Inc. related to the same patents, Mr. Maslowski was again part of the trial and appellate teams that obtained a complete victory for Ethicon whereby all asserted claims were held to be invalid.
More recently, Mr. Maslowski represented clients 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.
Mr. Maslowski has experience litigating Section 337 patent infringement proceedings before the U.S. International Trade Commission (ITC), where he served as an intern with the Office of Unfair Import Investigations during law school. Mr. Maslowski has also represented clients in matters involving trade secret, tortious interference, trademark and copyright issues. In one such case, he was a member of the team that successfully obtained an early dismissal of a trade secret and unjust enrichment action related to stents used to treat saphenous vein graft disease.
Mr. Maslowski is active in pro bono work. He is a volunteer lawyer for the Support Center for Child Advocates, the country’s oldest and largest pro bono legal and social services agency for children.
Mr. Maslowski is an adjunct professor at Temple University Law School, where he teaches a course in patent litigation.
Mr. Maslowski’s recent engagements include:
- serving as lead counsel for a medical device manufacturer in a trade secret and breach-of-contract action (arbitration; D. Mass.)
- currently representing pharmaceutical companies in the correction of inventorship action related to patents involving methods of treatment for cancer with biologics (D. Mass.)
- currently representing a life science research products manufacturer in a patent infringement action related to inventory business methods (S.D. Cal.)
- currently representing a multinational conglomerate in a patent infringement action related to aerosol adhesive formulations (W.D. Wa.)
- representing a pharmaceutical company in a patent infringement suit involving a method of using monoclonal antibodies for therapeutic treatment; succeeded in obtaining favorable settlement (D. Mass.)
- serving as lead counsel for medical device manufacturers in patent infringement lawsuits related to surgical screws and anchors; succeeded in obtaining favorable settlements (D. Mass.)
- representing a medical device manufacturer in ITC Investigation related to hemostatic agents; succeeded in obtaining favorable settlement following trial (U.S. ITC)
- serving as lead counsel for an architectural glass manufacturer in copyright infringement action; succeeded in obtaining favorable settlement (N.D. Ill.)
- representing a pharmaceutical company in defending against claims in multiple ANDA litigations; prevailed at trial and on appeal to the Federal Circuit (S.D.N.Y.)
- representing a pharmaceutical company in challenging a biotechnology patent; succeeded in obtaining a settlement, saving the client tens of millions of dollars in royalties (C.D. Cal.)
- representing major plastics manufacturer in asserting a patent on oxygen-scavenging packaging the technology; the case was settled prior to trial on favorable terms that included a payment to client of more than $25 million (D. Del.)
- representing a dental device company in multiple patent infringement suits in district court and U.S. ITC; succeeded in obtaining favorable settlements from defendants (M.D. Pa.; U.S. ITC).
Awards & Accolades
- named one of the top 10 “Intellectual Property Lawyers under 40 to Watch” in the United States by Law360 in 2010
- selected as a “Lawyer on the Fast Track” in the Legal Intelligencer, an honor bestowed by a panel of judges on only 30 Pennsylvania attorneys determined to be “the future leaders of the state’s legal community”
- recognized by The Best Lawyers in America as a leading practitioner in the area of patent litigation
- named in Super Lawyers (2013-2016) and as a “Rising Star” in the field of IP litigation on numerous occasions
- recognized by Chambers USA in the field of intellectual property in 2017.
- Economic Tools Used for Patent Damages Estimation, Intellectual Property Owners Association (IPO) Damages & Injunctions Committee Conference, June 7, 2017
- IPRs, CBMs, and the PTAB: Where Have We Been and Where Are We Going?, Intellectual Property Owners Association (IPO) 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
- America Invents Act: The Game Has Changed, Delaware Valley Chapter of the Association of Corporate Counsel, April 23, 2013
- Damages, Intellectual Property Owners Association (IPO) Annual Meeting, September 12, 2011
- Alternative Measures: Arbitration and Non-Traditional IP Enforcement Methods, Temple Law School Intellectual Property Law Symposium, February 27, 2009.