Luke T. Shannon

Luke believes there is no secret formula for success—instead, each case requires careful attention, informed analysis, and sensitivity to each client’s particular needs. Luke’s industry experience complements his legal judgment and gives him a unique perspective, allowing him to identify and develop strengths and hedge against weaknesses, bringing results to each client in the most cost-effective manner. His practice focuses on patent infringement suits arising under the Hatch-Waxman Amendments to the Federal Food, Drug, and Cosmetic Act, as well as other disputes involving pharmaceutical and life sciences and other intellectual property issues.

With a goal-oriented, big-picture approach, Luke thrives on advancing the client’s case through all stages of litigation, from pre-suit through appeal, to achieve the results that best align with each client’s business goals. He also advises clients regarding post-grant procedures, including inter partes review proceedings, and has experience preparing Paragraph IV notice letters, as well as non-infringement and invalidity opinions. In addition, Luke assists clients in developing design-around product specifications and methods of manufacture.

Luke’s recent experience includes working with:

• Small molecules
• Compositions and formulations
• Polymorphisms
• Combinatorial chemistry
• Methods of treatment
• Pharmaceutical salt forms

Luke has experience in preparing patent applications, patentability reports, and freedom to operate opinions in the fields of pharmaceutical compositions, aerosol propellants, consumer products, and sustainable power generation. Prior to entering private practice, Luke served as Judicial Clerk for the Honorable Martin C. Ashman, United States District Court for the Northern District of Illinois. Prior to practicing law, Luke worked as a chemist for a specialty biopharmaceutical company, where he analyzed the purity and efficacy of pharmaceutical products. While in law school, he was the Editor-in-Chief of the Chicago-Kent Law Review.

• Represented numerous generic pharmaceutical companies achieving early, pre-suit settlements consistent with the client’s objectives.
• Represented a generic pharmaceutical company in an action related to an application for a topical ophthalmic solution. After securing an invalidity ruling on appeal, successfully moved to dismiss second-wave litigation involving related patents, because the Court agreed that collateral estoppel prohibited suit. The Federal Circuit affirmed this dismissal.
• Represented a generic pharmaceutical company seeking approval of a protease inhibitor drug. After securing admissions during fact and expert discovery, survived the patent holder’s motion for summary judgment, and ultimately achieved a settlement of the case.

• Associate Editor, “Notable Differences between Hatch-Waxman and BPCIA Litigation: What Can We Learn?,” Biosimilars Litigation and Client Counseling, ABA Book Publishing (2024), with Stephen Auten
• Article, “Fed. Circ. Skinny Label Ruling Guides on Infringement Claims,” with co-author Roshan Shrestha, Law360, July 5, 2024.
• Presentation, “Understanding the Federal Circuit’s Application of the Blocking-Patent Doctrine Post Acorda,” ACI’s 7th Annual Paragraph IV Disputes Master Symposium, Chicago, 2019.