Janet Linn is a counsel at Tarter Krinsky & Drogin in the Intellectual Property practice group.
Janet is an intellectual property litigator with more than 25 years of experience trying and litigating patent, trademark, unfair competition and trade secret cases in a broad range of technologies, including pharmaceuticals, medical devices, consumer products and mechanical devices.
Janet has extensive experience in pharmaceutical (Hatch-Waxman) patent litigation, and has acted as trial counsel in patent, trade secret and antitrust actions involving pharmaceuticals with annual billion dollar sales. She is also experienced in trademark prosecution, inter partes proceedings, false advertising and copyright litigation.
Janet is currently the Vice Chair of the Food, Drug and Cosmetic Section of the New York State Bar Association. From 2010 to 2013, she was the chair of the Patents Committee of the Association of the Bar of the City of New York. On behalf of the Patents Committee, she authored an amicus brief to the Federal Circuit in its en banc consideration of claim construction in Lighting Ballast Control LLC v. Philips Electronics North America Corporation, which was favorably quoted by the four justices in dissent.
Janet’s accomplishments include:
- Successfully defended company against charge of patent fraud, leading to withdrawal of claim for inequitable conduct and favorable settlement on the eve of trial.
- Successful assertion of patents on anti-depressant and ulcer medications with annual multi-billion dollar sales on behalf of pharmaceutical client in Hatch Waxman bench trials, including obtaining preliminary injunction to halt generic competition.
- Coordination of worldwide intellectual property protection with respect to pharmaceutical and consumer product patents.
- Settled trademark infringement claim allowing luxury restaurant to use third party’s incontestable mark without payment.
Representative Litigation Matters
- Successful defense of fraud claim led to withdrawal by defendants of inequitable conduct counterclaim and favorable settlement Trinity Industries v. Spig Industry and Selco (E.D.Va.)
- Lead patent counsel for sheet pile manufacturer asserting patents on sheet steel pile connectors against Arcelor Mittal and its subsidiary Skyline Steel. PilePro LLC v. Skyline Steel LLC and Arcelor Mittal (E.D. Texas)
- Trial counsel for branded company in Hatch-Waxman litigation against generic drug company regarding anti-depressant. Obtained preliminary injunction against generic company after trial. Glaxo Wellcome v. Eon Labs Mfg. Inc. (S.D.N.Y.)
- Trial counsel for Glaxo in Hatch-Waxman litigation against generic drug company regarding anti-ulcer medication resulting in judgment for patentee that patent was valid and infringed. Glaxo Inc. v. Novopharm Ltd. (E.D.N.Y.)
- Trial counsel for branded company in Hatch-Waxman litigation against generic pharmaceutical company regarding antibiotic. Glaxo Wellcome Inc. v. Ranbaxy Labs, Inc. (D.N.J.)
- Represented branded company in Hatch-Waxman litigation against ANDA filer regarding anti-depressant through appeal and remand. Glaxo Wellcome Inc. v. Andrx Pharm, Inc. (S.D. Fla.)
- Represented branded pharmaceutical company in Hatch-Waxman litigation regarding anti-depressant. Glaxo Wellcome Inc. v. Watson Labs. Inc. (S.D. Ohio).
- Represented Ethicon in section 146 action involving sutures on appeal from patent office. American Cyanamid v. Ethicon Inc. (D.N.J.)
Trademark and Lanham Act Litigation
- Defense of trademark infringement action against local nightclub seeking to stop United States franchise of top global nightclub brand, preliminary injunction motion withdrawn. Club Space Mgt. Inc. v. Eden Ballroom and Space IBZ Planet SL (S.D.N.Y.)
- Represented individual plaintiff enforcing trademark in infringement action against financial services company. Watson v. American Express Travel Related Services (S.D.N.Y.)
- Defended consumer product company against claim by competitor of false advertising under the Lanham Act. Church & Dwight v. Airwick Industries (S.D.N.Y.)
Trade Secret Litigation
- Defeated attempted misappropriation of PilePro’s trade secrets relating to pricing and purchasing sheet pile retaining wall systems software PilePro v. SP Network LLC (Eighth Judicial District, Clark County, Nevada)
- Represented former franchisee in unfair competition litigation. Defeated summary judgment on promissory note and obtained favorable settlement. Lavazza Premium Coffees v. Oro Co. and EPC Holdings (Supreme Court, New York County).
- Represented branded pharmaceutical company in action against generic company for theft of trade secrets. Glaxo Wellcome v. Chelsea Labs. (S.D. Ohio)
- Defense of gas turbine company against claims of misappropriation of trade secrets. GE Co. v. Schenectady Turbine Service (N.D.N.Y.)
- Represented Fisher Price in bench trial defeating claim of copyright infringement. Ed Kaplan Assoc. v. Fisher Price (S.D.N.Y.)
- State University of New York at Buffalo, BA 1972, Phi Beta Kappa
- University of Wisconsin, MA in English Literature 1974
- New York University School of Law, LLM in Trade Regulation 1983
- State University of New York at Buffalo School of Law, JD 1977, Senior Editor of the Buffalo Law Review, Judicial Intern, Hon. John T. Curtin U.S. District Judge, W.D.N.Y.
- New York
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the Second Circuit
- U.S. District Court for the Southern District of New York
- U.S. District Court for the Eastern District of New York
Awards and Honors
New York Super Lawyers, 2006, 2007, 2008 and 2010
- Chair of the Patents Committee of the Association of the Bar of the City of New York (2010-2013)
- Vice Chair of the Food, Drug and Cosmetic Section of the New York State Bar Association (Jan. 2017-present); Co-Chair of the Committees on Drugs, and member of the Committee on biologics (2016-present)
- Presenter, "Evolving FDA Requirements for NCE Exclusivity,” Developments in Drug Law, Annual Meeting of the Food, Drug and Cosmetic Section of the New York State Bar Association, New York, NY, January 26, 2017
- Presenter, "Patent Litigation Fundamentals”, Judicial Law Clerks Seminar, Eastern District of Pennsylvania, Philadelphia, PA, January 17, 2017
- Moderator, Roundtable, "Are Software Patents Unconstitutional? Should These Patents Be Saved?,” Association of the Bar of the City of New York, October 19, 2016
- Presenter, "Patent Litigation," Patents 101, Association of the Bar of the City of New York, New York, NY, April 14, 2016
- Presenter, “Software Patents: How to Navigate the Tremendous Uncertainty”, and "Intellectual Property Protection for Smart Phone Applications”, Ben-Ami & Associates, Rehovot, Israel, February 18, 2016
- Presenter, “Patent Litigation Fundamentals”, Judicial Law Clerks Seminar, Eastern District of New York, Brooklyn, NY, February 3, 2016
- Moderator, "Legal Developments During 2015: Expanding Antitrust Enforcement, Shrinking Patent Protection, and FDA Regulation of Off Label Marketing,” Annual Meeting of the Food, Drug and Cosmetic Section of the New York State Bar Association, New York, NY, January 28, 2016