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Toker, Anne S.

Anne S. Toker

Direct Tel: +1 212-849-7440
New York
Tel: +1 212 849 7000 Fax: +1 212 849 7100

Anne's practice focuses on biotech and pharmaceutical patent litigation and products liability litigation.  In addition to her law degree from Harvard Law School, where she was a Supervising Editor of the Law Review, Anne holds a Ph.D. from the Yale University Department of Molecular Biophysics and Biochemistry.  She was a postdoctoral fellow in molecular biology and genetics in the laboratory of Nobel Prize winner Dr. Martin Chalfie at Columbia University.  She has conducted original research and published in the fields of molecular biology and developmental neurobiology.   She has litigated and counseled clients on matters involving PCR technology, blockbuster drugs, recombinant DNA technology, neurotransmitters, medical devices, antibody technology, and diagnostic assays.  

  • Representing Bio-Rad Laboratories, Inc. in patent infringement litigation involving liquid chromatography technology.
  • Representing Forest Laboratories, LLC in patent litigations involving its NAMENDA XR® brand products for the treatment of Alzheimer's disease.
  • Representing a major pharmaceutical company in nationwide products liability litigation involving one of the company's leading prescription medications.
  • Representing a leading household goods manufacturer in nationwide products liability litigation involving one of the company's consumer products.
  • Representation of Life Technologies Corp. in patent infringement litigations involving PCR technology.
  • Representation of Forest Laboratories, Inc. and H. Lundbeck A/S in Hatch-Waxman patent infringement litigations involving their LEXAPRO® brand antidepressant products.
  • Representation of GlaxoSmithKline plc in a patent litigation involving its PAXIL® brand antidepressant products.
  • Representation of Schering Corporation in Hatch-Waxman patent infringement litigation involving its CLARINEX® brand antihistamine products, obtaining consent judgments with injunctions against all defendants.
  • Representation of 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.
  • Harvard Law School
    (J.D., magna cum laude, 1991)
    • Harvard Law Review:
      • Supervising Editor, 1990-1991
      • Editor, 1989-1990
  • Columbia University
    (American Cancer Society Postdoctoral Fellowship, 1999-2001)
    • Postdoctoral Fellow with Dr. Martin Chalfie, Nobel Prize winner
  • Yale Graduate School
    (Ph.D., Molecular Biophysics and Biochemistry, 1998)
  • Yale College
    (B.A., English, summa cum laude, 1988)
    • Phi Beta Kappa
  • The State Bar of New York
  • The Bar of The Commonwealth of Massachusetts
  • United States Court of Appeals:
    • Federal Circuit
  • United States District Court:
    • Southern District of New York
  • Registered to practice before the United States Patent and Trademark Office
  • Kirkland & Ellis LLP, New York:
    • Partner , 2007-2010
    • Associate, 2003-2007
  • Shearman & Sterling LLP, New York:
    • Associate, 2002-2003
  • Law Clerk to the Hon. Pierre N. Leval:
    • United States District Court for the Southern District of New York, 1991-1992
  • Lawdragon 500 Leading Litigators in America –  Biotech & Pharmaceutical Patent Litigation, Class Actions, 2024
  • A.S. Toker, Y. Teng, H.B. Ferreira, D. Xue, S.W. Emmons, and M. Chalfie (2003).  The Caenorhabditis elegans spalt-like gene sem-4 restricts touch cell fate by repressing the selector Hox gene egl-5 and the effector gene mec-3.  Development 130: 3831-3840.
  • A.S. Toker and R. M. Macnab (1997).  Distinct regions of bacterial flagellar switch protein FliM interact with FliG, FliN, and CheY.  J. Mol. Biol. 273: 623-634.
  • A.S. Toker, M. Kihara, and R.M. Macnab (1996).  Deletion analysis of the FliM flagellar switch protein of Salmonella typhimurium.  J. Bacteriol. 178: 7069-7079.
  • A.S. Toker, Note, "Resolving Prisoners' Grievances Out of Court, 42 U.S.C. §1997e," 104 Harvard Law Review 1309-1329 (1991).
  • A.S. Toker, Case Comment, "Retroactive Application of New Rules:  Butler v. McKellar, Saffle v. Parks, and Sawyer v. Smith," 104 Harvard Law Review 308-319 (1990).