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Armenio, Peter J.

Peter J. Armenio, P.C.

Partner

peterarmenio@quinnemanuel.com
Direct Tel: +1 212-849-7070
New York
Tel: +1 212 849 7000 Fax: +1 212 849 7100

Peter is co-chair of the firm's Global Life Sciences Practice.  He focuses his practice on patent litigation and counseling matters regarding pharmaceuticals, biologics, DNA diagnostic and sequencing technologies, and medical devices, but has also represented clients in a wide range of other patent and general commercial matters in courts across the country and in national and international arbitrations.  He has represented clients ranging from the Fortune 100 to start-ups, including clients based in the U.S., Europe, and Asia.

Peter has been recognized by Chambers USA as a leading lawyer in intellectual property every year since 2007, and has been similarly recognized by Chambers Global every year since 2013.  Chambers has noted in various years that Peter is "a fantastic trial lawyer," "one of the brightest ANDA litigators out there today," "tremendously strategic in setting up a case," and has a "track record of winning."

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

Peter has also been listed in a number of other guides and rankings, including Expert Guides Best Of The Best USA, the IAM Life Sciences 250, the IAM Patent Litigation 250, and the IAM Patent 1000.  IAM 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."

  • Allergan
  • Cystic Fibrosis Foundation
  • Johnson & Johnson
  • Myriad Genetics
  • Otsuka Pharmaceutical
  • Pfizer
  • Thermo Fisher Scientific
  • Lead counsel for BlephEx, a start-up medical device company, in patent infringement litigation brought to protect its BLEPHEX® brand ophthalmic instruments for eyelid cleaning in connection with blepharitis and dry eye disease, obtaining a Federal Circuit decision confirming BlephEx’s right to assert and discuss infringement of its patents (E.D. Mich. and Fed. Cir.) (April 2020)
  • Lead counsel for Allergan in Hatch-Waxman patent infringement litigation brought to protect its LINZESS® brand linaclotide peptide products for the treatment of various gastrointestinal disorders, obtaining consent judgments with injunctions against all defendants (D. Del.) (Jan. 2020)
  • Lead counsel for Pfizer in patent infringement litigation brought against its BAVENCIO® brand anti-PD-L1 antibodies for the treatment of various cancers, and related patent inventorship litigation, obtaining a dismissal of all claims against Pfizer, with prejudice (D. Del. and D. Mass.) (Feb. 2019)
  • Lead counsel for inAuth, a subsidiary of American Express, in patent infringement litigation brought against its authentication services, obtaining a tentative ruling of summary judgment of non-infringement followed by a consent order dismissing all claims, with prejudice (C.D. Cal.) (Jan. 2019)
  • Lead counsel for Neos Therapeutics, a start-up specialty pharmaceutical company, in Hatch-Waxman patent infringement litigation brought to protect its COTEMPLA XR-ODT® brand extended-release orally disintegrating methylphenidate products for the treatment of ADHD, obtaining a consent judgment with an injunction against the sole defendant (D. Del.) (Dec. 2018)
  • Lead counsel for Neos Therapeutics in Hatch-Waxman patent infringement litigation brought to protect its ADZENYS XR-ODT® brand extended-release orally disintegrating amphetamine products for the treatment of ADHD, obtaining a consent judgment with an injunction against the sole defendant (D. Del.) (Oct. 2017)
  • Lead counsel for Myriad Genetics in patent infringement litigation brought against its myRISK® brand tests for genetic mutations associated with an increased risk for cancer, obtaining a dismissal of all claims (M.D.N.C. Aug. 2017)
  • Lead counsel for Ion Torrent, a subsidiary of Thermo Fisher Scientific, in patent infringement litigation brought against its DNA sequencing systems and consumables, obtaining a dismissal of all claims, with prejudice (D. Del.) (Apr. 2017)
  • Lead counsel for AngioScore, a subsidiary of Spectranetics, in patent inventorship litigation brought against three issued AngioScore medical device patents, obtaining a dismissal of all claims, with prejudice (N.D. Cal.) (Mar. 2017)
  • Lead counsel for Allergan and Takeda Pharmaceuticals in Hatch-Waxman patent infringement litigation brought to protect their TEFLARO® brand ceftaroline fosamil antibiotic products for the treatment of various drug-resistant bacterial infections, obtaining a consent judgment with an injunction against the sole defendant (D. Del.) (Jan. 2017)
  • Lead counsel for Allergan in Hatch-Waxman patent infringement litigation brought to protect its NAMZARIC® brand combination donepezil and extended-release memantine hydrochloride products for the treatment of Alzheimer's disease, obtaining consent judgments with injunctions against all defendants (D. Del.) (Sept. 2016)
  • Lead counsel for Life Technologies, a subsidiary of Thermo Fisher Scientific, in patent infringement litigation brought against its DNA sequencing systems and consumables, obtaining a dismissal of all claims, with prejudice (M.D.N.C.) (Sept. 2015)
  • Lead counsel for Mallinckrodt in breach of contract litigation brought against its commercialization of the PENNSAID® brand topical NSAID products, obtaining a stipulated dismissal of all claims, with prejudice (S.D.N.Y.)
  • Lead counsel for American Express in patent infringement litigation brought against its prepaid card products, obtaining summary judgment of non-infringement and invalidity (W.D. Wis.)
  • Lead counsel for Meda Pharmaceuticals 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 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 counsel for American Express 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 counsel for Meda Pharmaceuticals in a senior executive employment arbitration, obtaining a Panel judgment in favor of Meda on all counts (AAA arbitration)
  • Lead counsel for American Express 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 counsel for H. Lundbeck A/S and Forest Laboratories 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 counsel for American Express in patent infringement litigation brought against its prepaid card products, obtaining summary judgment of non-infringement and a Federal Circuit affirmance (W.D. Wis. and Fed. Cir.)
  • Lead counsel for Tyco Healthcare Group in patent infringement litigation brought to enforce its surgical trocar patent rights, obtaining a jury verdict of infringement and damages (E.D. Texas)
  • Lead counsel for Schering-Plough in multiple Hatch-Waxman patent infringement litigations regarding its CLARINEX® brand antihistamines, obtaining consent judgments with injunctions against all defendants (D.N.J.)
  • Lead 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 counsel for American Express 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 counsel for Boston Scientific 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 counsel for Tyco Healthcare Group 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 counsel for Meda Pharmaceuticals 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 counsel for Cadbury Adams 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 counsel for Boston Scientific in patent infringement litigation brought against its EXPRESS® and TAXUS EXPRESS® brand cardiovascular stents, obtaining summary judgment of non-infringement (D. Del.)
  • 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)
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
  • Kirkland & Ellis LLP:
    • Partner, 2000-2010
    • Associate, 1996-2000
  • Fitzpatrick, Cella, Harper & Scinto:
    • Associate, 1994-1996
  • 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"
  • Member, American Chemical Society (ACS)
  • Member, American Intellectual Property Law Association (AIPLA)