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    Overview

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    Andy Miller is a Partner in Locke Lord’s IP Pharmaceutical group. His practice focuses primarily on complex litigation matters with a distinct emphasis on large-scale patent-infringement actions under the Hatch-Waxman Amendments to the Federal Food, Drug and Cosmetic Act for pharmaceutical products. He counsels clients in the areas of regulatory compliance, intellectual property, and antitrust and is well-versed in all pre-trial, trial, and post-trial phases of federal-court litigation.

    Andy also has represented clients in antitrust actions related to pharmaceutical products, including actions involving reverse payments, product hopping, and REMS. During law school, he served as a research assistant for Professor Herbert Hovenkamp, a renowned expert in antitrust law.

    Andy is an active participant in the Firm’s pro bono efforts through both the St. Procopius Legal Aid Clinic and Chicago Volunteer Legal Services. He currently serves on the Junior Board for CVLS.

    Representative Experience

    Hatch-Waxman litigation

    • Represented a generic drug company in a case involving patents related to delayed-release oral mesalamine. (Lialda®) Obtained a finding of non-infringement, which was affirmed by the Federal Circuit.
    • Represented a generic drug maker in a case involving a method patent related to an anti-spastic agent. (Zanaflex Capsules®) Obtained a finding of non-infringement and invalidity, which was affirmed by the Federal Circuit.
    • Represented a generic drug maker in a case involving a patent related to valganciclovir hydrochloride (Valcyte®). Matter resolved through settlement.
    • Represented generic company in a case involving patents related to an antidepressant (Paxil®). Matter resolved through settlement.

    Antitrust litigation

    • Represented a generic drug company in a case involving antitrust claims related to delayed-release oral mesalamine. (Asacol®) Obtained an order dismissing the company from the case.
    • Represented generic company in a case involving antitrust claims related to an antidepressant (Paxil®). Matter resolved through settlement.
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