PETER CHOI is a partner in the firm’s national intellectual property practice group. He has extensive experience in pharmaceutical and medical device litigation including against generic drug manufacturers to enforce the patent rights of pioneers and against the FDA to obtain or uphold regulatory exclusivity. Representative engagements on behalf of innovators include Merck v. Mylan (ANDA patent litigation involving Merck’s blockbuster drugs Vytorin® and Zetia®), GSK v. Teva (ANDA patent litigation involving GSK’s Avandia® drug product), Alza Corp. v. Andrx Pharm. (ANDA patent litigation involving Johnson & Johnson’s blockbuster drug Concerta®), Wyeth v. FDA (patent term extension dispute), and Pfizer v. FDA (APA litigation related to generic approval).
Recently, in February 2012, Mr. Choi was a member of a Sidley trial team that secured an eight figure damages jury verdict on behalf of firm client Sunovion Pharmaceuticals in a Hatch-Waxman patent infringement case involving Sunovion’s blockbuster drug Xopenex®. In 2010, Mr. Choi was a member of a Sidley trial team that secured an eight figure settlement following a favorable jury verdict on behalf of firm client Ethicon Endo-Surgery Inc. in a medical device patent infringement case.
He also has extensive appellate experience and has filed numerous amicus briefs and merit briefs in the Court of Appeals for the Federal Circuit and the Supreme Court on a variety of issues. Representative engagements in the Federal Circuit include Pfizer v. Apotex (obviousness), Prometheus Labs v. Mayo Collaborative Svs. (definition of patentable subject matter), Yeda Research and Development v. ImClone Systems (inventorship), Qualcomm v. Broadcom (patent disclosure obligations in standard setting organizations), Star Scientific v. RJR Tobacco (inequitable conduct and indefiniteness), Alza Corp. v. Andrx Pharm. (claim construction and enablement), Humanscale v. CompX Int’l (obviousness and laches), and In re Tanaka (correctable error under the reissue statute).
Mr. Choi was an articles editor for the Georgetown Law Journal in law school and served as a law clerk to the Honorable Eduardo C. Robreno, U.S. District Court for the Eastern District of Pennsylvania. Prior to entering the legal profession, Mr. Choi spent several years working as a molecular biology research assistant for an academic genomic research facility.