Janine A. Carlan

Client Work

Recognized as one of the Most Powerful and Influential Women in the region for 2010 by the National Diversity Council, Janine represents clients in bench and jury trials throughout the United States. She has particular focus in Hatch-Waxman cases, International Trade Commission (ITC) Section 337 cases, and cases defending companies against claims by Non-Practicing Entities. Janine has first-chaired numerous federal district court cases, has argued Federal Circuit appeals, and has been involved in patent cases covering diverse areas of technology including pharmaceuticals, medical devices, electronics, software, integrated circuits, Internet content delivery, automotive parts, chemicals, manufacturing processes, furniture, and plastics processing.

Janine represents companies in proceedings before the Patent Trademark and Appeal Board, including filing petitions for IPR.

She was also of counsel before the United States Supreme Court in the case The Holmes Group, Inc. v. Vornado Air Cir. Systems.

Janine serves as Co-Chair of the IP Litigation department at the firm.

Previous Work

Prior to becoming an attorney, Janine worked as an engineer at FMC Pharmaceuticals, McNeil Consumer Healthcare, and AstraZeneca in the areas of regulatory affairs, research and development, and pharmaceutical manufacturing.

Publications, Presentations & Recognitions

Publications

• “Bioshield II: The proposed legislation includes controversial provisions for pharmaceutical companies,” Pharma & Bio Ingredients
• “Vioxx: A Painful Decision,” Pharma & Bio Ingredients
• “Two Key Decisions: The Merck and Purdue Cases Could Impact the Work of Every Pharmaceutical Researcher,” Pharma & Bio Ingredients
• “Authorized Generics, Despite a Flurry of Activity, Controversy Continues to Surround the Category,” Pharma & Bio Ingredients
• “IP Protection (in India and China) Intellectual Property Rights and Enforcement has been Troublesome for Decades, but Recent Dramatic Changes have Occurred,” Pharma & Bio Ingredients
• “Hatch-Waxman, A look back after 20 years of regulation and a look ahead to pending provisions,” Pharma & Bio Ingredients
• “New Medicare Law Brings New Considerations for “Paragraph IV Litigation,” Food and Drug Law Institute Update

Presentations

• “Satisfying the Domestic Industry Requirement at the ITC,” Fourth Annual Patent Litigation Program IPWatchdog Masters™ Series, Conference; Ashburn, VA
• “Diversity, Equity and Inclusion in IP: Finding Balance with DEI and Women’s Initiatives,” Women Leaders in IP Law, American Conference Institute, Conference, Washington, DC
• “Key Focus on Winning Patent Litigation Strategies,” 12^th Annual Pharma IPR India; Mumbai, India
• “Trade Secrets: In FDA Filings, Trade Secrets vs. Patents,” 9th Annual Pharma IPR India; Mumbai, India
• “Protection of Trade Secrets in a Globalized Environment,” IPR Pharma Conference; Mumbai, India
• “Analysis of New Patent Reform Legislation and Its Possible Impact on Post-Grant PTO Proceedings,” American Conference Institute (ACI) Post-Grant PTO Proceedings; New York, NY
• “Workshop on Overcoming Elicit Bias,” ACI Conference on Women Leaders in Life Sciences Law; Boston, MA
• “Latest Developments in Pharma/Life Sciences Patent Litigation,” Fordham University School of Law IP Summit
• “Purpose, Passion, and Performance — A New Era,” The Washington DC, Maryland, and Virginia (DMV) Diversity Council First Annual Women in Leadership Symposium
• “Litigation and Technology and Intellectual Property Common Interest Agreements: Dangerous Liaisons?” Washington Metropolitan Area Corporate Counsel Association
• “Litigating with Multiple ANDA Filers: Brand Name and Generic Perspectives,” American Conference Institute (ACI) Conference on Paragraph IV Disputes; San Francisco, CA
• “Notable Decisions from the ITC,” University of Baltimore conference on the Domestic Impact of Intellectual Property in a Global Economy; Baltimore, MD”Secondary Consideration Experts: The Clinician,” ACI Paragraph IV On Trial, New York, NY”Implications of the Quanta v. LG Case;” Maryland State Bar Association Intellectual Property Association; webinar
• “Secondary Consideration Experts: The Clinician,” ACI Paragraph IV On Trial, New York, NY
• “Discovery in Paragraph IV Matters: Documents, Experts and Privilege – A Look from Both Sides,” ACI Conference on Paragraph IV Disputes”
• Patentability of ‘Reach-Through’ Claims: US, European and Japanese Patent Office Perspectives,” ACI Advanced Forum on Biotech Patents Conference in San Francisco, CA

Recognitions

• Janine was ranked by IAM Patent 1000 for Litigation in the DC Metro Area for 2023.
• Janine was named as one of the top 50 Women at the Patent Trial and Appeal Board by the PTAB Bar Association in 2019.
• National Diversity Council Recognized Janine as one of the Most Powerful and Influential Women of 2010.