Overview

Abby Markeson splits her practice between Hatch-Waxman litigation and related strategic counseling and patent due diligence investigations for major biopharma transactions. She has litigated patents covering numerous blockbuster drugs and advised clients in USPTO contested proceedings. Informed by her significant litigation experience, Abby counsels clients on patent due diligence for high profile acquisitions and other transactions. Through her work advising innovator pharmaceutical companies, Abby has a deep understanding of the drug discovery process. She has handled cases concerning a broad array of therapeutic areas, including oncology, immunosuppression, GI disorders, infectious diseases, inflammatory conditions, neurological disorders, and kidney disease.

Abby previously worked in the New York City office of a national law firm where she advised clients on a variety of patent law matters including litigation, due diligence, freedom-to-operate, USPTO contested proceedings, patent prosecution, mediation, and settlements.

Prior to launching her legal career, Abby researched portable sensors to detect chemical warfare agents and treatments for breast cancer.

Abby received The Legal Aid Society’s Pro Bono Publico Award in 2011 for her work representing low income artists in New York.

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Experience

Representing a pharmaceutical company in Hatch-Waxman litigations concerning a drug for early onset childhood epilepsy.

Representing a pharmaceutical company in a patent action filed by a non-practicing patent holder.

*Represented a major pharmaceutical company in a Hatch-Waxman litigation concerning a pharmaceutical formulation of a blockbuster drug.

*Represented a major pharmaceutical company in a Hatch-Waxman litigation and parallel inter partes review concerning a blockbuster drug used to treat various carcinomas and prevent rejection of transplanted organs. Prevailed on appeal and at the PTAB.

*Counseled a major pharmaceutical company in a $1.2 billion acquisition.

*Counseled a major pharmaceutical company in connection with a global commercialization and development agreement, valued at $2 billion.

*Represented a major pharmaceutical company in an interference concerning treatments for Hepatitis C. Prevailed at the PTAB.

*Counseled a major pharmaceutical company in a $3.5 billion acquisition.

*Represented a major pharmaceutical company in a Hatch-Waxman litigation concerning a blockbuster drug for GI disorders.

*Representated a major pharmaceutical company in a Hatch-Waxman litigation concerning a pharmaceutical formulation of a blockbuster drug used to treat schizophrenia, bipolar disorder, and depression. Prevailed in the district court and on appeal.

*Counseled a major pharmaceutical company in a $960 million acquisition.

*Represented a major pharmaceutical company in a Hatch-Waxman litigation concerning a blockbuster drug used to treat schizophrenia, bipolar disorder, and depression. Prevailed in the district court and on appeal.

*Represented a major pharmaceutical company in a Hatch-Waxman litigation concerning a blockbuster hyperparathyroidism drug. Previaled in the district court and no appeal was taken.

*Experience gained prior to joining Kilpatrick Townsend

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Education

Fordham University School of Law J.D. (2008)

Hamilton College A.B. (2004) Chemistry, magna cum laude

Admissions

Washington (2021)

New York (2010)

Court Admissions

U.S. District Court for the Eastern District of New York

U.S. District Court for the Southern District of New York

Professional & Community Activities

Certified Information Privacy Professional (CIPP)

Women in Bio

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