Ivan Poullaos is a partner in Winston & Strawn’s litigation department who concentrates his practice in patent litigation, especially pharmaceutical patent cases within the framework of the Federal Food, Drug, and Cosmetic Act as well as the Hatch-Waxman Act. Mr. Poullaos’ experience covers numerous technical areas, including mobile telecommunications, computer software, as well as pharmaceuticals.
Mr. Poullaos has represented (including at trial) brand and generic drug companies in numerous patent infringement cases. Recently, Mr. Poullaos was involved in a significant trial victory for Teva Pharmaceuticals in which the court invalidated the patent covering the Hepatitis B treatment, Baraclude® (entecavir). The decision was especially significant because it represented the first time that a court had invalidated as “obvious” a patent on a new chemical compound. The court found that the evidence put forward by Mr. Poullaos and Winston team “was multi-faceted and compelling,” and that “[t]he force of this evidence was clear, and it was convincing.” The case received extensive press coverage, including articles in Forbes, Bloomberg, Law360, Inside Counsel, and countless IP, FDA, and patent law-related blogs.
Other cases and clients include, for example, Watson Laboratories (Actavis) in cases involving the products Lidoderm® (lidocaine patch), Exalgo® (hydromorphone HCl), and Testim® (testosterone gel); Abbott Laboratories in cases involving the antibiotic Omnicef® (cefdinir); Sun Pharmaceutical Industries, Ltd. in an action involving the Alzheimer's Disease drug Exelon® (rivastigmine); and Barr Laboratories and Teva Pharmaceuticals in actions involving, for example, the drugs Evista® (raloxifene), Temodar® (temozolomide), Avodart® (dutasteride), and Faslodex® (fulvestrant).
Mr. Poullaos’ experience also includes a broad range of commercial and technology patent cases. For example, Mr. Poullaos represented Cisco in various matters, including virtual private network (VPN) tunneling; Motorola Mobility (Google) in cases involving video processing technology and tablet computers; eSpeed, Inc. in a patent infringement case involving software for electronic futures trading; Nortel Networks Corporation in patent cases involving mobile telecommunications data networks and voice-over-IP systems; Microsoft Corporation in a suit relating to the development of Microsoft’s first smartphone; and Lear Corporation in a patent case involving a “rolling code” security software algorithm.
Mr. Poullaos was named an “Illinois Rising Star” for 2012 and 2013 for intellectual property litigation by Super Lawyers.
Honors and Awards
Mr. Poullaos received a B.S. in Chemistry, summa cum laude, and with highest departmental honors, from the University of Tennessee at Chattanooga in 1999 and a J.D. from the Washington University School of Law in 2002, where he was elected to the Order of the Coif and was a member of the Washington University Law Quarterly.
Speeches and Publications
Mr. Poullaos has given several speeches on patent law at National Meetings of the American Chemical Society (section of Chemistry and the Law) on the topics of the “Inequitable Conduct” doctrine and the “Written Description” requirement. Mr. Poullaos has also published articles on the subjects of U.S. patent law, as well as technical chemical research papers. Examples include:
Kathleen Barry and Ivan Poullaos, Trade Show Demonstrations and U.S. Patent Infringement, Journal of Intellectual Property Law and Practice, 2009, vol. 4, No. 3, 153.
Heteroleptic Platinum(II) Complexes with Crown Thioether and Phosphine Ligands I; G.J. Grant, I. M. Poullaos, D. F. Galas, D. G. VanDerveer, J.D. Zubkowski, E. J. Valente, Inorg. Chem. 2001, 40, 564.