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John Bennett

Partner

John focuses on representing innovators in the life science industry.

He has over 20 years of first-chair trial experience in high-stakes intellectual property and technology disputes. John’s experience includes numerous trial representations in cases brought under the Hatch-Waxman Act and the Biologics Price Competition and Innovation Act as well as trade secret, licensing and contract disputes. Clients praise John for his “unique understanding of the interplay between IP, regulatory, and business issues in the pharmaceutical sector” and regularly turn to him for advice regarding patents, exclusivities and litigation risk concerning commercial and late-stage clinical assets.

John’s engagements have included trial representation before various federal courts and the Patent Trial and Appeal Board, appellate representation before the Federal Circuit and other courts of appeal. His experience includes work on numerous patent and trade secret cases involving a variety of technologies including pharmaceuticals, biotechnology, medical devices, telecommunications and internet content delivery systems. John also is frequently asked to conduct diligence, render opinions and perform freedom to operate analyses.

John actively engages in pro bono work, including appearing as lead counsel in federal litigation against the U.S. Government, which led to the release of Francisco Rodriguez-Guardado, a longtime Massachusetts Institute of Technology custodian and father of three U.S. citizen children, who was suddenly incarcerated and threatened with deportation in 2017-2018.

Expertise

Industries

Experience

Representative matters

  • Fresenius Kabi lead trial counsel for in several patent litigations concerning its branded anesthetic portfolio (Diprivan® and Naropin®), including a successful assertion of patents concerning Naropin® in a recent matter before the U.S. District Court, Western District of Texas. 
  • Teva Pharmaceuticals trial and appellate counsel as plaintiff in several patent litigations concerning its blockbuster innovative treatment for multiple sclerosis, Copaxone®, including Teva's trial victory in the U.S. District Court, Southern District of New York. That case was appealed to the U.S. Supreme Court, resulting in a landmark victory for Teva on the standard of review in claim construction in Teva v. Sandoz.
  • Teva Pharmaceuticals trial and appellate counsel as plaintiff in several patent litigations concerning its branded treatment for Parkinson’s disease, Azilect®. After a consolidated bench trial, the U.S. District Court, District of New Jersey found Teva’s patent valid and infringed.

Leadership Positions And Professional Affiliations

  • Member, Boston Bar Association
  • Member, Massachusetts Bar Association

Recognition

provided exceptional results… [he has] extensive experience in all aspects of pre-trial and trial and have a unique understanding of the interplay between IP, regulatory, and business issues in the pharmaceutical sector.
Legal 500

Qualifications

Admissions

Admitted to the Bar of the State of Massachusetts, 2001

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the First Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Tenth Circuit

U.S. District Court for the District of Massachusetts

Registered Foreign Lawyer, England and Wales, 2024

Academic

JD, Boston College Law School, 2000

B.A., Dartmouth College, cum laude with high honors, B.A., 1996

Disclaimer
A&O Shearman was formed on May 1, 2024 by the combination of Shearman & Sterling LLP and Allen & Overy LLP and their respective affiliates (the legacy firms). Any matters referred to above may include matters undertaken by one or more of the legacy firms rather than A&O Shearman.