Trial lawyer and patent attorney John Labbé has broad experience in patent litigation involving biotechnology, pharmaceuticals, and biologics. He represents clients in litigation under the Biologics Price Competition and Innovation Act (BPCIA) and the Hatch-Waxman Act. His experience spans all phases of litigation from pre-suit investigation through discovery, trial, and appeal.
John’s recent work includes counseling clients during and in preparation for the BPCIA’s “patent dance.” His experience includes a trial victory in a patent ownership suit regarding DNA-sequencing inventions. John brings a focus on creative, practical, and efficient solutions that best meet his clients’ business objectives.
John has been named a Super Lawyers Rising Star for his intellectual property litigation experience every year from 2012 through 2016, and he has also been designated as an “Emerging Lawyer” in the 2015 and 2016 editions of Emerging Lawyers Magazine.
- Represents clients in Hatch-Waxman and BPCIA litigations including in the BPCIA’s pre-litigation “patent dance.”
- Advises clients regarding strategies for the BPCIA’s “patent dance.”
- Won a jury trial in patent ownership dispute for an inventor of DNA-sequencing techniques accused of breaching his employee invention agreement.
- Represented a biotechnology company in numerous patent litigation matters regarding its next-generation DNA sequencing technologies.
- Represented an Internet design and consulting firm in a trademark infringement and breach of contract dispute resulting in a favorable settlement.
- Defended a client in a patent infringement action regarding a method of manufacturing turbine blades.
- Defended a leading cable provider in numerous patent litigation matters regarding high-speed data, cable television, and VoIP technologies.
- Defended a client accused of infringing a patent on arc-fault circuit interrupter circuit breakers.
Background and Credentials
Mr. Labbé served as a judicial law clerk to the Honorable Algenon L. Marbley of the U.S. District Court for the Southern District of Ohio.
He received his undergraduate degree in molecular and cellular biology from Northwestern University in 1998. He graduated cum laude from Northwestern University School of Law in 2002 where he served as the executive editor of the Northwestern University Law Review and was a quarter-finalist in the Julius H. Miner Moot Court Competition. His Law Review comment, “Louisiana’s Blanket Primary After California Democratic Party v. Jones,” is published at 96 Nw. U. L. Rev. 721 (2002).
- Northwestern University School of Law (J.D., cum laude)
- Northwestern University (B.A.)
- Biological Sciences
- U.S. Court of Appeals, Federal Circuit
- U.S. Court of Appeals, Seventh Circuit
- U.S. District Court, Eastern District of Wisconsin
- U.S. District Court, Northern District of Illinois
- U.S. District Court, Southern District of Ohio
- U.S. Patent and Trademark Office
Publications and Presentations
- "Rise of the Biosimilars: Recent Developments and Strategies for Innovators and Biosimilar Applicants for Resolving Patent Disputes under the BPCIA," 2016 BIO International Convention, June 7, 2016.
Community and Professional Involvement
- Intellectual Property Law Association of Chicago (Co-Chair, Biotechnology Committee, 2014-present)
- Richard Linn American Inn of Court
- American Bar Association