Erin J.D. Austin

Erin J.D. Austin


Associate, New York

Erin Austin’s experience encompasses patent litigation, including under the Hatch-Waxman Act; inter partes review (IPR) and interference proceedings before the United States Patent and Trademark Office; and due diligence investigations for high-profile acquisitions.  She also has experience with patent prosecution and opinion work, and has assisted clients with foreign opposition proceedings.

Erin has worked on matters involving a range of technologies, including small molecule pharmaceuticals, formulations, polymorphs, and chemical processes; toner bottles for laser copiers; and loyalty rewards programs.  Her technical background is in the chemical and pharmaceutical arts.  Prior to joining the firm, she was an Associate Research Chemist in the pharmaceutical industry for two years.

While in law school, Erin served as a Senior Articles Editor on the Cardozo Law Review, in which she was also published.  She also served as a student intern to the Honorable Anne E. Thompson, United States District Court, District of New Jersey.

Case Highlight
Erin helped obtain judgments in favor of client Gilead in two patent interferences against Idenix relating to nucleoside analogs useful for treating HCV infection. Gilead’s patent involved in the first interference covers the active metabolite of its drug Sovaldi®.
Representative Matters
  • Astellas Pharma in litigation against multiple generic defendants on patents covering the prostate cancer drug Xtandi®.
  • Canon in litigation against General Plastic and Color Imaging on a patent covering toner bottles for laser copiers.
  • Gilead in its acquisition of Nimbus Apollo Inc. and its Acetyl-CoA Carboxylase (ACC) inhibitor program, a deal valued at $1.2 billion.
  • Canon against General Plastic in multiple IPRs involving patents covering toner bottles for laser copiers.
  • Astellas Pharma in litigation against multiple defendants on patents covering the injectable antifungal drug Mycamine®.
  • Askeladden against McGhie in multiple IPRs involving patents covering loyalty rewards programs.
  • Gilead against Idenix in two interferences involving nucleoside analogs useful for treating HCV infection.
  • Gilead in its $11 billion acquisition of Pharmasset’s anti-HCV nucleotide, sofosbuvir, which is included in Gilead’s Sovaldi®, Harvoni® and Epclusa® products .