Sam Kwon's headshot

Sam Kwon

Partner

Sam’s practice focuses on life sciences IP litigation, including Hatch-Waxman ANDA actions, BPCIA biosimilar disputes, and inter partes review proceedings before the U.S. Patent and Trademark Office. Sam combines over a decade of trial and litigation experience and has advised major pharmaceutical, biotechnology, and medical device companies on IP disputes spanning oncology, metabolic, CNS, and ophthalmology therapeutic areas. He has represented both brand-side innovators—including Boehringer Ingelheim, Moderna, Eli Lilly, Bristol-Myers Squibb, Pfizer, and Vertex—and biosimilar and generic challengers, including Samsung Bioepis, Celltrion, and Teva.

Biography

Sam is a seasoned IP litigator with extensive experience counseling pharmaceutical and biotechnology clients in high-stakes IP disputes. At Kirkland & Ellis, Sam managed an extensive portfolio of life sciences matters, developing deep expertise across composition-of-matter, formulation, polymorph, method-of-use, and manufacturing process patents for drugs spanning major therapeutic areas.

Sam brings a rare dual perspective to his practice, having represented both brand-side innovators and biosimilar/generic challengers. This experience gives him unique insight into the strategies employed on both sides of pharmaceutical patent disputes, enabling him to craft more effective and creative litigation strategies for his clients.

Experience

  • Boehringer Ingelheim Pharmaceuticals Inc., et al. v. [16 Defendants]— Represented Boehringer Ingelheim in Hatch-Waxman litigation against 16 defendants related to BI’s Jardiance®, Glyxambi®, Synjardy®, and Synjardy® XR anti-diabetic tablets, including proceedings through claim construction and trial preparation. Consent judgments were entered against eight defendants.
  • Boehringer Ingelheim Pharmaceuticals, Inc. et al. v. [11 Defendants]— Represented Boehringer Ingelheim in Hatch-Waxman litigation against Mylan, Aurobindo, and other defendants related to BI’s Tradjenta® (linagliptin) anti-diabetic tablets in a decade-long matter resolved through claim construction and trial pressure.
  • Bristol Myers Squibb Company Sprycel Patent Litigation— Represented BMS through a series of 14 district court cases against generic manufacturers across three jurisdictions regarding BMS’s Sprycel®, a cancer drug used to treat patients with chronic myelogenous leukemia and Philadelphia chromosome positive acute lymphoblastic leukemia. The cases settled on favorable terms enabling BMS to maintain exclusivity years beyond the expiration of the compound patent.
  • Amgen Inc. et al v. Samsung Bioepis Co. Ltd. et al.— Represented Samsung Bioepis in a BPCIA patent infringement action brought by Amgen regarding Samsung Bioepis’s proposed biosimilar version of Amgen’s Prolia® (denosumab). Samsung Bioepis filed counterclaims of noninfringement and invalidity of the 34 asserted patents.
  • Genentech, Inc. v. Samsung Bioepis Co. Ltd.— Represented Samsung Bioepis in a patent infringement suit arising from an aBLA seeking approval to manufacture and sell a biosimilar version of Avastin® (bevacizumab). Samsung Bioepis filed counterclaims of noninfringement and invalidity of the 14 asserted patents.
  • Aerie Pharmaceuticals, Inc., et al. v. Gland Pharma Ltd., et al.— Represented Aerie/Alcon in consolidated patent litigation arising from defendants’ ANDAs to manufacture generic versions of Rhopressa® (netarsudil) and Rocklatan® (netarsudil/latanoprost). The cases settled on favorable terms expected to enable Alcon to maintain exclusivity years beyond the expiration of the compound patent.
  • Impax v. Lannett— Represented Impax Laboratories and AstraZeneca in ANDA patent litigation related to a nasal spray for treatment of migraines at trial, obtaining judgment that all asserted patent claims were valid and infringed, and successfully defended the decision at the Federal Circuit.
  • Pfizer v. Sandoz— Represented Pfizer in Hatch-Waxman patent litigation against Sandoz regarding Torisel®, a cancer drug indicated for the treatment of renal cell carcinoma. The case was resolved by settlement on favorable terms.

Education

2012

Duke University School of Law

J.D.

2009

Brigham Young University

B.S., Chemical Engineering

Admissions

State Bar of New York