John Bateman
John W. Bateman Partner
Intellectual Property Litigation Intellectual Property Patents Patent Litigation Biosimilars Hatch-Waxman/ANDA Healthcare and Life Sciences Pharmaceuticals
John W. Bateman has more than 25 years of experience litigating patent disputes, including serving as lead counsel at trial and on appeal. John's practice focuses on matters involving pharmaceuticals, medical devices, biotechnology products and agrochemicals, with a particular emphasis on representing generic companies in actions brought under the Hatch-Waxman Act.
John has represented a wide variety of generic pharmaceutical clients, including companies based in the United States, India, Europe, and Israel. In cases for clients that have gone to trial, John has obtained judgments that patents asserted against them were not infringed, invalid and/or unenforceable, clearing the way for them to bring their products to market. In other cases, John has helped develop strong positions on the merits at an early stage, including by initiating inter partes review proceedings, leading directly to the negotiation of favorable settlements.
John prides himself on working with clients to ascertain the goals they want to achieve from litigation and determine the important business considerations, and then shapes the litigation strategy accordingly. Because of John's work ethic and dedication to his clients, he was recently named in Washington, D.C. Super Lawyers, Thomson Reuters, 2016-2019.
Although John has focused on matters involving life sciences technology, he has litigated disputes involving a broad range of products, including GPS devices, plastic encapsulated integrated circuits, electrical connectors, egg sorting machines, gasoline pumps, and drapery hooks. John also has significant experience with patent jury trials, and has litigated patent cases in district courts throughout the country, particularly in Delaware and New Jersey.
John also has extensive knowledge regarding Section 337 investigations at the International Trade Commission. He has litigated a number of such cases, has served on the executive committee of the ITC Trial Lawyers Association, and for many years was a co-author of Unfair Competition and the ITC, a handbook on Section 337 practices and procedures.
John's practice is not limited to litigation. He also renders opinions on infringement and validity issues regarding generic pharmaceutical products. His years of experience with Hatch-Waxman cases help him develop arguments that are more likely to prevail in litigation. He also prepares and prosecutes patent applications in various technologies, especially for individual inventors.
Education and Clerkships
J.D., University of Virginia, 1990
B.A., Biology and History, University of Virginia, 1987, Echols Scholar
U.S. Patent and Trademark Office
U.S. Court of Appeals for the Federal Circuit
U.S. District Court for the District of Columbia