Chad A. Landmon

Partner

Chad Landmon practices primarily in the areas of patent and other intellectual property litigation and counseling, food and drug law and antitrust.

Mr. Landmon litigates intellectual property cases in federal and state courts across the country, as well as in arbitration proceedings, involving numerous industries, including pharmaceuticals, printing and packaging, power tools, and many others. Representative examples of recent patent infringement cases handled include: sanofi-aventis v. Actavis South Atlantic LLC, No. 07-572 (D. Del.); Purdue Pharma L.P. v. Actavis Totowa LLC, No. 07- 3972 (S.D.N.Y.); Shire LLC v. Actavis, Inc., No. 07- -00718 (D. Md.); Adams Respiratory Therapeutics, Inc. v. URL/Mutual Pharmaceutical Cos., No. 06-4418 (E.D. Pa.); Cushion Technologies, LLC v. Fila USA, Inc., No. 06 -347 (E.D. Tx.); Eisai Co., Ltd. v. URL/Mutual Pharmaceutical Cos., No. 06-03613-HAA-MF (D.N.J.); Whelen Engineering Co., Inc. v. Star Headlight & Lantern Co., Inc., No. 06-0299 (JCH) (D.Conn.); Arthur Blank & Co. v. Moore North America, Inc., No. 02-2282 (W.D. Tenn.); Rexon Industrial Corp. v. Ryobi Technologies, 02-1264 (D. Conn.).

A significant portion of Mr. Landmon’s practice is spent in the firm’s BioMedical Practice Group, in which he provides counseling and litigation services relating to patent, FDA and antitrust issues involving the development and marketing of new and generic drug products. The FDA matters involve numerous issues relating to the Hatch-Waxman Amendments, including marketing exclusivities, patent listing, certification and notification requirements, bioequivalence, labeling and other issues relating to the FDA approval process.  Mr. Landmon has petitioned FDA and litigated disputes involving a variety of issues, including the generic exclusivity period and pediatric exclusivity. Representative examples of recent litigation involving FDA issues includes: Mylan Laboratories, Inc. v. FDA, No. 07-579 (D. D.C.) (representing third-party intervenor); Ranbaxy Labs, Ltd. v. FDA, No. 04-0869 (D.D.C.) (representing third-party intervenor); Purepac Pharmaceutical Co. v. FDA, No. 03-2282 (D.D.C.).  Mr. Landmon frequently speaks and writes about issues relating to the Hatch-Waxman Amendments and pharmaceutical patent litigation.  He also serves on the Editorial Advisory Board of Generic Line, a publication of FDAnews.

Mr. Landmon has an active intellectual property counseling practice, in which he evaluates patent, trademark and trade secret claims. He is often involved with the product development process, assisting clients in navigating around the intellectual property rights of competitors and in designing their own patent strategies. In the course of this practice, Mr. Landmon provides advice and services to clients regarding the acquisition, management and enforcement of intellectual property portfolios. He also prepares freedom-to-operate opinions and opinions relating to the infringement and validity of patents.

Mr. Landmon also participates in matters involving the intersection of the antitrust and patent laws, including issues arising from the settlement of patent and Hatch-Waxman exclusivity disputes, the licensing of critical technology and the formulation of joint development relationships. In addition to providing advice regarding such issues, Mr. Landmon has also represented clients during FTC investigations involving such agreements.

Mr. Landmon has also been involved with commercial litigation and arbitration involving a variety of complex contract and tort law issues.

Prior to joining AV&H, Mr. Landmon practiced in the Hartford office of Bingham McCutchen.

Bar & Court Admissions

• Connecticut
• U.S. District Court District of Connecticut
• U.S. District Court Southern District of New York
• U.S. Court of Appeals for the Federal Circuit

Education

• University of Connecticut School of Law, Hartford, Connecticut, 1999 J.D., with Honors. Connecticut Law Review, Notes & Comments Editor.
• University of Connecticut, Storrs, Connecticut, 1996 B.A., Summa Cum Laude. Double Major: Political Science - with honors; Economics.

Publications

• Ask the Expert: Caraco's Impact on Declaratory Judgment Actions, Generic Line, May 14, 2008
• Ask the Expert: Impact of FDA's Exclusivity Forfeiture Rulings, Generic Line, April 30, 2008
• Here Comes The Tidal Wave of Generic DJ Actions, IP Law 360, April 3, 2008
• FDA Removes Teeth From Exclusivity Forfeiture, IP Law 360, January 25, 2008
• Supreme Court Backhands Key Federal Circuit Test, IP Law 360, January 10, 2007
• Fourth Circuit Rejects Another Authorized Generics Challenge, IP Law 360, July 19, 2006
• On Demand: Focusing The Patent Scope, The Connecticut Law Tribune, Intellectual Property Supplement, May 8, 2006; also published in The Connecticut Tech Tribune, July 2006
• FDA's "Holding On The Merits" Test, IP Law 360, April 21, 2006
• Recent Court Rulings Indicate That Patent Rights May Trump the Antitrust Laws, Intellectual Property Today, April 2006
• The "Narrowed Claim Conundrum" Resulting from Reissue and Reexamination Proceedings, Intellectual Property Today, Vol. 12, No. 10, October 2005
• The Impact of a Brand Generic Launch on the Recovery of Patent Damages, IPL Newsletter, Vol. 23, No. 4, Summer 2005
• Note, Creation of a Less Perfect Union: The Implications of General Motors Corp. v. Tracy for Commerce Clause Analysis of State Taxation, 30 Conn. L. Rev. 1121 (1998)

Seminars & Classes

• FDA Boot Camp: Bioequivalence - What Patent Lawyers Need to Know (April 1, 2008).
• FDAnews Audioconference: Navigating the FDA's New 180-Day Generic Marketing Exclusivity Rulings (March 28, 2008).
• Guest Lecturer at the University of Connecticut School of Law regarding patent law and the pharmaceutical industry, including related antitrust issues.
• Collaborating Attorney to the Connecticut Intellectual Property Notes, an e-publication of the University of Connecticut School of Law.

Professional Activities

• American Bar Association, Intellectual Property, Litigation and Antitrust Sections
• American Intellectual Property Law Association
• Connecticut Bar Association
• Connecticut Intellectual Property Law Association
• Hartford County Bar Association