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Evan Diamond

Special Counsel

[email protected]



Evan is a highly regarded IP trial attorney and advisor known for his successful representation of clients in high-stakes intellectual property and contractual disputes in the United States and in international jurisdictions. He has a strong record of wins in cases to protect products with hundreds of millions or billions of dollars in revenue, and in defending clients in disputes involving alleged damages of hundreds of millions of dollars. Leveraging his research experience in chemistry and biochemistry, Evan represents companies and academic institutions across the pharmaceutical, biotechnology, medical devices, chemical, and cannabis fields.

A significant portion of Evan’s practice involves representing clients in patent disputes in US federal district courts, before the Patent Trial and Appeal Board, and at the US Court of Appeals for the Federal Circuit. He also litigates complex contract and licensing disputes involving multi-national forum litigation and international arbitration components. As a go-to advisor for strategic IP counseling and early dispute services, Evan also regularly takes a leading role in pre-litigation preparation and negotiations of favorable licensing deals, helping clients achieve their business goals.

In addition, Evan represents life sciences companies in matters involving the intersection of US Food & Drug Administration (FDA) regulations and US patent rights, including through trial and appeal in Hatch-Waxman and the Biologics Price Competition and Innovation Act (BPCIA) disputes. He is also called on to provide strategic advice on a broad range of related FDA matters.

Evan has achieved international recognition for his work, including repeated listings in the IAM Patent 1000: The World’s Leading Patent Professionals guide. He is also a respected thought leader who speaks and writes on new developments involving the life sciences industry and intellectual property law in the US and globally and provides commentary to legal and industry publications.

Prior to joining Mintz, Evan was a partner at an international law firm, where he achieved a no-loss record in representing life sciences clients and others in patent litigations and other disputes. While earning his master’s degree in chemistry, he conducted research focused on the characterization of protein-protein interactions, including for RNA splicing machinery utilized in connection with the treatment of spinal muscular atrophy (SMA).


  • Successfully defended Alexion AstraZeneca Rare Disease against a biosimilar challenger – litigating and favorably resolving three inter partes review (IPR) proceedings relating to Alexion’s blockbuster treatment for rare blood and neuromotor diseases, SOLIRIS®.
  • Secured federal district court and appellate wins for Jazz Pharmaceuticals and GW Pharma (W.D. Tex., aff’d Fed. Cir.) defeating claims that GW’s production and importation of a blockbuster treatment for rare childhood-onset epilepsy conditions — a cannabidiol oral solution marketed as EPIDIOLEX® — allegedly infringed a patented process for extracting CBD and THC from cannabis plant material. 
  • Protected Galderma’s ORACEA® for 13 years against repeated patent challenges from multiple ANDA and 505(b)(2) competitors in federal district court (D. Del.) and at the Federal Circuit. The representation included obtaining permanent injunctions following three district court trials, obtaining a preliminary injunction against a generic not subject to a 30-month stay, winning a rare “doctrine of equivalence” infringement judgments at trial against competitors with purported “design-around” formulations, and securing Federal Circuit affirmance of all appealed trial wins.
  • Obtained victory for clients Galderma and Supernus in the first three IPR Final Written Decisions for Orange Book patents, upholding all challenged claims on patents covering ORACEA®, Galderma’s rosacea treatment that has earned more than $3 billion since its launch.
  • Protected a US pharmaceutical company against potential patent infringement liability in advance of its first product launch in the United States, negotiating a royalty-free license to a competitor’s patent portfolio listed in the Orange Book and obtaining assumption of a license by a competitor’s acquirer in bankruptcy proceedings.
  • Successfully defended Jacobus Pharmaceutical Co. in federal district court (D.N.J.) against patent infringement allegations concerning the rare disease treatment RUZURGI®.
  • Represented Jazz Pharmaceuticals and GW Pharma against a former research collaboration partner in a  global multi-forum contractual and patent royalty dispute relating to Jazz’s blockbuster product EPIDIOLEX®. The representation spanned international arbitration, the UK Patents Court, and the New York Supreme Court.
  • Won a federal district court trial (D.N.J.) for Merck, upholding the validity of a key patent regarding Merck’s EMEND® for Injection, a treatment for nausea and vomiting caused by chemotherapy, against a generic competitor’s obviousness allegations regarding “prodrug” technology.
  • Litigated and obtained favorable settlements to protect market exclusivity for products with millions or billions in annual US sales in cases related to the pharmaceutical products LEXAPRO® (Forest Labs and Lundbeck), NAMENDA® (Forest Labs and Merz), TARGRETIN® (Eisai and Bausch Health), and AMITIZA® (Sucampo).
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News & Press

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Our Intellectual Property Practice earned national recognition in the 2024 edition of IAM Patent 1000 – The World’s Leading Patent Practitioners. The guide recognized Mintz with four firm-wide rankings and 14 individual attorney recommendations, including a gold ranking for Intellectual Property Chair Michael Renaud.

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Events & Speaking


Using Licenses to Settle Intellectual Property Lawsuits

Licensing Executive Society High Technology Sector

Dechert LLP Cira Centre, 2929 Arch Street Philadelphia, PA

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  • Co-author, “‘Purple Book’ Patent Listing Under Biological Product Patent Transparency Act: What Is Required, and What to Expect?” Intellectual Property & Technology Law Journal (September 2021)
  • Co-author, “Challenging Therapeutics IP After Fed. Circ. Drink Can Ruling” Law360 (February 2021)
  • Co-author, “Big Pharma Should Watch SCOTUS After Circuit Court Finds New Drug Uses Patentable” Bloomberg Law (April 2019)
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Recognition & Awards

  • IAM Patent 1000: The World’s Leading Patent Professionals (2021 – 2024)

  • LMG Life Sciences: Hatch-Waxman Impact Case of the Year (2019)

  • Super Lawyers – Rising Stars, New York (2015 – 2022)

  • Financial Times: US Innovative Lawyers (2012)

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  • Member, Federal Circuit Bar Association
  • Member, PTAB Bar Association
  • Member, New York Intellectual Property Law Association, New Jersey Intellectual Property Law Association
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