Peter J. Armenio

Partner, New York

Biography

Overview

Peter focuses his practice on patent litigation and counseling matters regarding pharmaceuticals, biologics, medical devices, and DNA diagnostic and sequencing technologies, but has also represented clients in a wide range of other patent and related commercial matters in courts across the country and in national and international arbitrations.  He has represented clients ranging from the Fortune 100 to start-ups, including clients based in the U.S., Europe, and Asia.

Peter has been recognized by Chambers USA as a leading lawyer in intellectual property every year since 2007, and has been similarly recognized by Chambers Global every year since 2013.  Chambers has noted in various years that Peter is "a fantastic trial lawyer," "one of the brightest ANDA litigators out there today," "tremendously strategic in setting up a case," and has a "track record of winning."

Peter has been listed in a number of other guides and rankings, including Managing Intellectual Property magazine’s "America's Best Life Sciences Litigators," the IAM Life Sciences 250, IAM Patent Litigation 250, and IAM Patent 1000.  IAM has reported client comments that "he is one of the smartest lawyers out there and handles cases expertly and efficiently, obtaining great results at a reasonable cost – often through facilitating early wins."

Bars and Courts
New York State Bar
US Supreme Court
US Court of Appeals for the Federal Circuit
US District Court for the Southern District of New York
US District Court for the Eastern District of New York
US District Court for the Eastern District of Michigan
US Patent and Trademark Office
Education
JD
Seton Hall University School of Law

summa cum laude

BA
Bucknell University
Languages
English

Experience

  • Lead counsel for Myriad Genetics in patent infringement litigation brought against its PREQUEL™ brand prenatal screen for identifying chromosome abnormalities associated with certain genetic conditions (D. Del.) (ongoing)
  • Represented Janssen Pharmaceuticals and Mitsubishi Tanabe in Hatch-Waxman patent infringement litigation brought to protect their INVOKANA® and INVOKAMET® brand crystalline canagliflozin products for the treatment of type 2 diabetes, obtaining a consent judgment with an injunction against the sole remaining defendant on the eve of trial (D.N.J. July 2021)
  • Lead counsel for a physician inventor in a confidential patent license agreement arbitration against an international medical equipment manufacturer, obtaining an eight-figure damages award (JAMS Arbitration) (June 2021)*
  • Lead counsel for a venture philanthropy foundation in a confidential mRNA development agreement arbitration against an international pharmaceutical company, obtaining an eight-figure damages award (ICDR Arbitration) (Nov. 2020)*
  • Lead counsel for BlephEx, a start-up medical device company, in patent infringement litigation regarding its BLEPHEX® brand ophthalmic instruments, obtaining a Federal Circuit decision confirming BlephEx's right to assert and discuss infringement of its patents (Fed. Cir.) (April 2020) and a district court preliminary injunction against that infringement (E.D. Mich.) (Oct. 2020)*
  • Lead counsel for Allergan in Hatch-Waxman patent infringement litigation brought to protect its LINZESS® brand linaclotide peptide products for the treatment of IBS-C, obtaining consent judgments with injunctions against all defendants (D. Del.) (Jan. 2020)*
  • Lead counsel for Pfizer in patent infringement litigation brought against its BAVENCIO® brand anti-PD-L1 antibodies for the treatment of various cancers, and related patent inventorship litigation, obtaining a dismissal of all claims against Pfizer, with prejudice (D. Del. and D. Mass.) (Feb. 2019)*
  • Lead counsel for inAuth, a subsidiary of American Express, in patent infringement litigation brought against its authentication services, obtaining a consent order dismissing all claims, with prejudice (C.D. Cal.) (Jan. 2019)*
  • Lead counsel for Neos Therapeutics, a start-up specialty pharmaceutical company, in Hatch-Waxman patent infringement litigation brought to protect its COTEMPLA XR-ODT® brand extended-release orally disintegrating methylphenidate products for the treatment of ADHD, obtaining a consent judgment with an injunction (D. Del.) (Dec. 2018)*
  • Lead counsel for Neos Therapeutics in Hatch-Waxman patent infringement litigation brought to protect its ADZENYS XR-ODT® brand extended-release orally disintegrating amphetamine products for the treatment of ADHD, obtaining a consent judgment with an injunction (D. Del.) (Oct. 2017)*
  • Lead counsel for Myriad Genetics in patent infringement litigation brought against its myRISK® brand tests for genetic mutations associated with an increased risk for cancer, obtaining a dismissal of all claims (M.D.N.C.) (Aug. 2017)*
  • Lead counsel for Ion Torrent, a subsidiary of Thermo Fisher Scientific, in patent infringement litigation brought against its DNA sequencing systems and consumables, obtaining a dismissal of all claims, with prejudice (D. Del.) (Apr. 2017)*
  • Lead counsel for AngioScore, a subsidiary of Spectranetics, in patent inventorship litigation brought against key patents covering its AngioSculpt® scoring balloon catheters, obtaining a dismissal of all claims, with prejudice (N.D. Cal.) (Mar. 2017)*
  • Lead counsel for Allergan and Takeda in Hatch-Waxman patent infringement litigation brought to protect their TEFLARO® brand ceftaroline products for the treatment of drug-resistant bacterial infections, obtaining a consent judgment with an injunction against the sole remaining defendant (D. Del.) (Jan. 2017)*
  • Lead counsel for Allergan in Hatch-Waxman patent infringement litigation brought to protect its NAMZARIC® brand combination donepezil and extended-release memantine products for the treatment of Alzheimer's disease, obtaining consent judgments with injunctions against all defendants (D. Del.) (Sept. 2016)*
  • Lead counsel for Life Technologies, a subsidiary of Thermo Fisher Scientific, in patent infringement litigation brought against its DNA sequencing systems and consumables, obtaining a dismissal of all claims, with prejudice (M.D.N.C.) (Sept. 2015)*
  • Lead counsel for Mallinckrodt in breach of contract litigation brought against its commercialization of the PENNSAID® brand topical NSAID products, obtaining a stipulated dismissal of all claims, with prejudice (S.D.N.Y.)*
  • Lead counsel for AMEX in patent infringement litigation brought against its prepaid cards, obtaining summary judgment of non-infringement and invalidity (W.D. Wis.)*
  • Lead counsel for Meda Pharmaceuticals in Hatch-Waxman patent infringement litigation brought to protect its ASTEPRO® brand anti-allergy nasal spray, obtaining consent judgments with injunctions against multiple defendants (D.N.J.)*
  • Lead counsel for Covidien in patent infringement litigation brought against its VERSAPORT™ PLUS surgical trocar products, obtaining summary judgment of non-infringement (C.D. Cal.)*
  • Lead counsel for AMEX in patent infringement litigation brought against its Travelers Cheque™ Card products, obtaining summary judgment of non-infringement and a Federal Circuit affirmance (D. Conn. and Fed. Cir.)*
  • Lead counsel for Meda Pharmaceuticals in a senior executive employment arbitration, obtaining a Panel judgment in favor of Meda on all counts (AAA arbitration)*
  • Lead counsel for AMEX in patent infringement litigation brought against its contactless ExpressPay™ products, obtaining a consent judgment of non-infringement after a dispositive Markman hearing and a Federal Circuit affirmance (C.D. Cal. and Fed. Cir.)*
  • Lead counsel for H. Lundbeck A/S and Forest Laboratories in patent infringement litigation brought against the manufacture of their LEXAPRO® and CELEXA® brand antidepressants, obtaining judgment as a matter of law and a Federal Circuit affirmance (S.D.N.Y. and Fed. Cir.)*
  • Lead counsel for AMEX in patent infringement litigation brought against its prepaid card products, obtaining summary judgment of non-infringement and a Federal Circuit affirmance (W.D. Wis. and Fed. Cir.)*
  • Lead counsel for Tyco Healthcare in patent infringement litigation brought to enforce its surgical trocar patents, obtaining a jury verdict of infringement and damages (E.D. Texas)*
  • Lead counsel for Schering-Plough in multiple Hatch-Waxman patent infringement litigations regarding its CLARINEX® brand antihistamines, obtaining consent judgments with injunctions against all defendants (D.N.J.)*
  • Lead counsel for GlaxoSmithKline in a breach of contract litigation brought against its performance under a settlement agreement regarding LAMICTAL®, obtaining judgment for GlaxoSmithKline on the pleadings (D.N.J.)*
  • Lead counsel for American Express in patent infringement litigation brought against its gift card products, obtaining final judgment in favor of American Express at the Markman hearing and a Federal Circuit affirmance (M.D. Fla. and Fed. Cir.)*
  • Lead counsel for Boston Scientific in an international patent infringement arbitration brought against its LIBERTE® and TAXUS LIBERTE® brand cardiovascular stents, obtaining a Tribunal judgment of non-infringement (WIPO arbitration)*
  • Lead counsel for Tyco Healthcare Group in patent infringement litigation brought against its STEP™ and other surgical trocar products, obtaining a dismissal of all claims with prejudice in three actions after a combined Markman hearing (E.D. Texas)*
  • Lead counsel for Meda Pharmaceuticals in multiple Hatch-Waxman patent infringement litigations brought to protect its ASTELIN® brand anti-allergy nasal spray, obtaining consent judgments with injunctions against all defendants (D. Del.)*
  • Lead counsel for Cadbury Adams in patent, trademark, and trade dress infringement litigation brought against its TRIDENT®, DENTYNE®, and STRIDE® brand chewing gums, obtaining a dismissal of all claims, with prejudice (N.D. Ill.)*
  • Lead counsel for Boston Scientific in patent infringement litigation brought against its EXPRESS® and TAXUS EXPRESS® brand cardiovascular stents, obtaining summary judgment of non-infringement (D. Del.)*

*Matters prior to joining White & Case

Speaking Engagements

White & Case Back To Business Program Series, October 2021, panelist for webinar “US IP Litigation:  Trends And Transition”

Intellectual Property Owners Association (IPO), February 2012, panelist for webinar "Early Evaluation Of Damages In Patent Trials"

American Conference Institute (ACI), January 2011, "Medical Device Patent Litigation," co-chair of two-day conference

American Conference Institute (ACI), October 2010, "Maximizing Pharmaceutical Patent Life Cycles," panelist for session "Obviousness Continued: How KSR And Its Progeny Are Impacting The Patent Life Of Drug And Biologic Products"

New Jersey Intellectual Property Law Association (NJIPLA), March 2006, "Current Issues In Hatch-Waxman ANDA Litigation"

New Jersey Intellectual Property Law Association (NJIPLA), March 2004, "NJIPLA Patent Litigation Seminar," panelist for session "Managing Patent Litigation"

American Conference Institute (ACI), May 2002, "Pharmaceutical Patent Life Cycles," panelist for session "How The Latest Trends In Claim Construction Are Affecting Your Company's Patent Protection Strategy"

Eurolegal, October 2002, "Supplemental Protection Certificates And Their U.S. Equivalents"

Pharmaceutical International Lawyers Legal Seminars (PILLS), January 2002, "ANDA Litigation Update"

Pharmaceutical International Lawyers Legal Seminars (PILLS), January 2000, "Developments In U.S. Patent Litigation Strategies"

Licensing Executives Society (LES), October 1999, "Collaborating Effectively: Working With Others While Protecting Your IP"