Adam Perlman, a nationally recognized first-chair patent trial lawyer, represents clients across a range of technologies. In particular, he represents brand-name pharmaceutical companies in Hatch-Waxman trials and Federal Circuit appeals.
Mr. Perlman regularly serves as lead counsel in major patent litigation matters in district courts throughout the United States as well as before the US Court of Appeals for the Federal Circuit. He also routinely litigates life sciences inter partes review proceedings before the US Patent and Trademark Office (USPTO).
Mr. Perlman has successfully represented some of the world’s leading brand-name pharmaceutical companies in complex ANDA matters, and he has tried 13 Hatch-Waxman cases. Beyond Hatch-Waxman cases, his practice involves a wide range of industries including:
- Medical devices
- Financial services
He has also litigated claims of misappropriation of trade secrets in connection with a patent, licensing disputes involving antibody technology, and a dispute between mobile phone carriers.
Outside of intellectual property matters, Mr. Perlman advises on Securities and Exchange Commission, Department of Justice, and internal investigations relating to alleged violations of the Foreign Corrupt Practices Act (FCPA) involving operations in South America and Eastern Europe. He has litigated commercial disputes in a variety of substantive areas including fraud, RICO, contract, and various business torts. He has also represented newspapers, magazines, television networks, and motion picture studios in defamation and other media-related litigation.
In 2016 and 2017, Mr. Perlman was named Hatch-Waxman Litigator of the Year – Branded by LMG Life Sciences. Mr. Perlman was named a finalist for the same award in 2018 and 2021. In 2018, LMG Life Sciences honored Mr. Perlman and his team with the Hatch-Waxman Impact Case of the Year award for their work on the Eli Lilly & Co. v. Dr. Reddy’s Laboratories case. Benchmark Litigation recognized Mr. Perlman as a National Practice Area Star for Intellectual Property and Local Litigation Star in 2020 and 2021, noting he “is said to have ‘probably made a living beating another top IP firm in ANDA cases.’” BTI Consulting Group named him a 2020 Client Service All-Star for “delivering the absolute best in client service.” In 2017, Mr. Perlman was named an Intellectual Property Trailblazer by The National Law Journal. In 2018 and 2016, he was nominated by Managing IP for Outstanding IP Litigator for the District of Columbia. He has been recognized as a Life Science Star by LMG Life Sciences from 2012 - 2020, and was named an IP Star by Managing IP from 2013 - 2020. He has been recognized in the 2014 - 2020 editions of IAM Patent 1000 – The World’s Leading Patent Practitioners. He is also listed in the 2014 - 2020 editions of Washington, D.C. Super Lawyers under the category of Intellectual Property Litigation. Prior to turning 40, he was named one of the country’s top five intellectual property partners under 40 by Law360. He has also been recognized as a leading attorney appearing before the Federal Circuit by the 2018 edition of IAM 1000 and was listed in the 2014 edition of The Legal 500 as having a “superb reputation” in the appellate field.
Mr. Perlman has spoken regarding patent litigation issues at the winter meeting of the Association of Corporate Patent Counsel, at the ACI Paragraph IV Disputes Master Symposium, at the ALI course Trial of a Patent Case, and before other industry groups.
Mr. Perlman’s representative experience includes:
- Lead trial counsel for Eli Lilly and Company at four bench trials over the validity and infringement of a Lilly patent protecting its blockbuster anti-cancer drug Alimta, which has annual US sales of over US$1 billion*
- Lead trial counsel for Bayer at bench trial over the validity of a patent protecting its highly successful anticoagulant Xarelto, which has annual US sales in the billions of dollars*
- Argued 11 times before the Federal Circuit since 2012, including before the en banc court in the Alice case, which addressed the question of when computer-implemented inventions should be considered ineligible for patenting because they are abstract ideas*
- Lead trial counsel for Novartis-division Alcon in litigation against generic manufacturers over patents protecting Alcon’s Pazeo product*
- Lead counsel for Merck in defending patent litigation brought by PDL Biopharma relating to Merck’s Keytruda product*
- Lead counsel for Lilly, Daiichi Sankyo, and Ube Industries against numerous generic manufacturers in district court litigation, inter partes review proceedings, and on appeal relating to patents protecting Lilly and Daiichi Sankyo’s Effient product*
- Lead counsel for Alcon in litigation and inter partes review proceedings relating to its Ilevro, Travatan Z, Vigamox, and Moxeza products*
- Lead counsel for CVS defending patent litigation brought by Walgreens relating to feature of CVS’s prescription renewal app*
- Lead counsel for Bayer in litigation against multiple generic companies relating to Bayer’s Nexavar, Staxyn, and Cipro OS products*
- Trial counsel for researchers from the University of Pittsburgh at the trial of an inventorship dispute with scientists from the University of California in a biotech case over the invention of stem cells derived from fat tissue*
- Argued before the Federal Circuit in Eli Lilly and Company v. Teva Parenteral Medicines which was the first appellate case to address divided infringement in the pharmaceutical context*
- Argued before the Federal Circuit in Alcon Research v. Barr Laboratories, which addressed the enablement and written description requirements as they relate to pharmaceutical patents*
*Matter handled prior to joining Latham