Tonkovich is a partner in Dentons’ Patent Litigation and Intellectual Property and Technology practice in Palo Alto and San Francisco. He has extensive experience litigating patent infringement cases in the US district courts in the Texas, Delaware, and California, as well as before the International Trade Commission. As a medical doctor, Dr. Tonkovich has significant knowledge and expertise in representing pharmaceutical companies in Hatch-Waxman Act litigation arising from the filing of an Abbreviated New Drug Application (ANDA). He has represented companies making a diverse array of pharmaceutical products from antibiotics to cancer therapies. For more information, or to contact Dr. Tonkovich, please visit his firm profile page.
After Halo, courts appear to be breathing new life into claims for willful patent infringement and enhanced damages claims. In fact, since Halo’s new standard took effect a few months ago, juries found willful infringement in three out of four cases where they returned a verdict of infringement. However, as discussed below, there are steps a defendant can take to protect itself against a finding of willful infringement.