Armenio, Peter J.

Peter J. Armenio, P.C.

Partner

  Biography

Peter is a trial lawyer and co-chair of the firm's Global Life Sciences Practice.  While Peter focuses his practice on patent infringement actions regarding pharmaceuticals, medical devices, and biotechnology, he has served as lead counsel for both plaintiffs and defendants in a wide range of matters in Federal courts across the country and in national and international arbitrations.

As lead counsel representing defendants, Peter has defeated over $1 billion in damages claims at trial or arbitration, and defeated another over $1 billion in damages claims on summary judgment or as a result of other pre-trial procedures.  As lead counsel representing plaintiffs, Peter has protected over $10 billion in sales for his branded pharmaceutical clients and won jury trial damages for his medical device clients.

Managing Intellectual Property magazine has named Peter one of "America's Best Life Sciences Litigators," including him in its Top 10 list for 2012.  The LMG Life Sciences 2012 rankings echo this praise, listing Peter as a top performer.

Peter has been recognized by Chambers USA as a leading lawyer in intellectual property every year since 2007.  Chambers has noted in various years that Peter is a "strong leader and trial lawyer" who is "tremendously strategic in setting up a case" and has a "track record of winning."

Peter has also been listed in a number of other guides and rankings, including the IAM Life Sciences 250 and the IAM Patent Litigation 250IAM has reported client comments that "he is one of the smartest lawyers out there and handles cases expertly and efficiently, obtaining great results at a reasonable cost – often through facilitating early wins."

  Representative Clients

  • American Express
  • Forest Laboratories
  • Life Technologies
  • Lundbeck
  • Meda Pharmaceuticals

  Notable Representations

  • Lead trial counsel for Meda Pharmaceuticals Inc. in Hatch-Waxman patent infringement litigation brought to protect its ASTEPRO® brand anti-allergy nasal spray, obtaining consent judgments with injunctions against multiple defendants (D.N.J.)
  • Lead trial counsel for Covidien in patent infringement litigation brought against its VERSAPORT™ PLUS surgical trocar products, obtaining summary judgment of non-infringement (C.D. Cal.)
  • Lead trial and appellate counsel for American Express Co. in patent infringement litigation brought against its Travelers Cheque™ Card products, obtaining summary judgment of non-infringement and a Federal Circuit affirmance (D. Conn. and Fed. Cir.)
  • Lead trial counsel for Meda Pharmaceuticals Inc. in a senior executive employment arbitration, obtaining a Panel judgment in favor of Meda on all counts (AAA arbitration)
  • Lead trial and appellate counsel for American Express Co. in patent infringement litigation brought against its contactless ExpressPay™ products, obtaining a consent judgment of non-infringement after a successful Markman hearing and a Federal Circuit affirmance (C.D. Cal. and Fed. Cir.)
  • Lead trial and appellate counsel for H. Lundbeck A/S and Forest Laboratories Inc. in patent infringement litigation brought against the manufacture of their LEXAPRO® and CELEXA® brand antidepressants, obtaining judgment as a matter of law and a Federal Circuit affirmance (S.D.N.Y. and Fed. Cir.)
  • Lead trial and appellate counsel for American Express Co. and American Express Incentive Services LLC in patent infringement litigation brought against their prepaid card products, obtaining summary judgment of non-infringement and a Federal Circuit affirmance (W.D. Wis. and Fed. Cir.)
  • Lead trial counsel for Tyco Healthcare Group LP in patent infringement litigation brought to enforce its surgical trocar patent rights, obtaining a jury verdict of infringement and damages (E.D. Texas)
  • Lead trial counsel for Schering-Plough Corp. in multiple Hatch-Waxman patent infringement litigations regarding its CLARINEX® brand antihistamines, obtaining consent judgments with injunctions against all defendants (D.N.J.)
  • Lead trial counsel for GlaxoSmithKline in a breach of contract litigation brought against its performance under a settlement agreement regarding LAMICTAL®, obtaining judgment for GlaxoSmithKline on the pleadings (D.N.J.)
  • Lead trial and appellate counsel for American Express Co. in patent infringement litigation brought against its gift card products, obtaining final judgment in favor of American Express at the Markman hearing and a Federal Circuit affirmance (M.D. Fla. and Fed. Cir.)
  • Lead trial counsel for Boston Scientific Corp. in an international patent infringement arbitration brought against its LIBERTE® and TAXUS LIBERTE® brand cardiovascular stents, obtaining a Tribunal judgment of non-infringement (WIPO arbitration)
  • Lead trial counsel for Tyco Healthcare Group LP in patent infringement litigation brought against its STEP™ and other surgical trocar products, obtaining a dismissal of all claims with prejudice in three actions after a combined Markman hearing (E.D. Texas)
  • Lead trial counsel for Meda Pharmaceuticals Inc. in multiple Hatch-Waxman patent infringement litigations brought to protect its ASTELIN® brand anti-allergy nasal spray, obtaining consent judgments with injunctions against all defendants (D. Del.)
  • Lead trial counsel for Cadbury Adams USA LLC in patent, trademark, and trade dress infringement litigation brought against its TRIDENT®, DENTYNE®, and STRIDE® brand chewing gums, obtaining a dismissal of all claims with prejudice (N.D. Ill.)
  • Lead trial counsel for Boston Scientific Corp. in patent infringement litigation brought against its EXPRESS® and TAXUS EXPRESS® brand cardiovascular stents, obtaining summary judgment of non-infringement (D. Del.)

  Practice Areas

  • Health Care Litigation
  • Intellectual Property Litigation
  • Life Sciences Litigation
  • Transnational Litigation
  • Patent Litigation

  Education

  • Seton Hall University School of Law
    (J.D., summa cum laude, 1994)
    • Seton Hall Law Review
    • West Publishing Award for Outstanding Scholastic Achievement

  • Bucknell University
    (B.A., Chemistry, 1990)

  Admissions

The State Bar of New York; United States Supreme Court; United States Court of Appeals for the Federal Circuit; United States District Court for the Southern District of New York; United States District Court for the Eastern District of New York; United States District Court for the Eastern District of Michigan; Registered to practice before the United States Patent and Trademark Office

  Prior Associations

  • Kirkland & Ellis LLP:
    • Partner, 2000-2010
    • Associate, 1996-2000

  • Fitzpatrick, Cella, Harper & Scinto:
    • Associate, 1994-1996

Publications and Lectures

  • Intellectual Property Owners Association (IPO), February 2012, panelist for webinar "Early Evaluation Of Damages In Patent Trials"
  • American Conference Institute (ACI), January 2011, "Medical Device Patent Litigation," co-chair of two-day conference
  • American Conference Institute (ACI), October 2010, "Maximizing Pharmaceutical Patent Life Cycles," panelist for session "Obviousness Continued: How KSR And Its Progeny Are Impacting The Patent Life Of Drug And Biologic Products"
  • New Jersey Intellectual Property Law Association (NJIPLA), March 2006, "Current Issues In Hatch-Waxman ANDA Litigation"
  • New Jersey Intellectual Property Law Association (NJIPLA), March 2004, "NJIPLA Patent Litigation Seminar," panelist for session "Managing Patent Litigation"
  • Eurolegal, October 2002, "Supplemental Protection Certificates And Their U.S. Equivalents"
  • American Conference Institute (ACI), May 2002, "Pharmaceutical Patent Life Cycles," panelist for session "How The Latest Trends In Claim Construction Are Affecting Your Company's Patent Protection Strategy"
  • Pharmaceutical International Lawyers Legal Seminars (PILLS), January 2002, "ANDA Litigation Update"
  • Pharmaceutical International Lawyers Legal Seminars (PILLS), January 2000, "Developments In U.S. Patent Litigation Strategies"
  • Licensing Executives Society (LES), October 1999, "Collaborating Effectively:  Working With Others While Protecting Your IP" 

Professional Activities

  • Member, The American Chemical Society (ACS)
  • Member, American Intellectual Property Law Association (AIPLA)