Aydin H. Harston, Ph.D.

Aydin has prosecuted over a thousand patent applications in chemical, pharmaceutical, biotechnology, and mechanical fields and handled numerous IP diligence projects. Aydin has performed myriad freedom-to-operate, invalidity, and patentability analyses. He has also performed due diligence investigations for acquisitions of companies and patent estates. He has represented clients in negotiating numerous licensing deals. He has participated in litigation teams representing clients in Federal district courts, Patent Trial & Appeal Board, and at the Court of Appeals for the Federal Circuit. Aydin has also represented clients in inter partes review, post-grant review, appeal, and reexamination proceedings before the U.S. Patent and Trademark Office.

Representative cases:

• In BTC Corporation v. TG Biotech Ltd. (IPR2022-00998), Aydin served as lead counsel on behalf of Patent Owner TG Biotech in defending its patent number 8,357,786, covering Actiponin®, a natural AMP-activated protein kinase (AMPK) activator. In its Final Written Decision, the Board agreed with the arguments presented by Aydin and the team and denied all of the challenges to TG Biotech’s patent.
• In Fresenius Kabi USA Inc. v. Coherus BioSciences, Inc. (PGR2019-00064), Aydin represented Coherus in defending its adalimumab formulation patent number U.S. 10,155,039 covering a biosimilar of the top-selling drug in the world, Humira®. In its Final Written Decision, the Board agreed with the arguments written by Aydin and the team in the Patent Owner’s Response and denied all of the challenges to Coherus’ patent.
• In Acrux DDS Pty Ltd. v. Kaken Pharm. Co. Ltd. (IPR2017-00190), Aydin represented Acrux in successfully challenging the seminal patent covering the blockbuster drug, Jublia®, in IPR2017-00190 before the Patent Trial and Appeal Board. The Board agreed with Acrux’s challenge and cancelled all of the claims of the patent to help clear the path for generic entry. Since the victory, at least 22 other generic drug makers have filed applications to make generic versions of Jublia®.
• In Galderma Labs. LP v. Actavis Labs. UT, Inc., No. 1:15-cv-00232 (D. Del.), Aydin represented Actavis in challenging patents leading to settlement on patents covering the rosacea treatment Mirvaso®.
• In Sunovion Pharm., Inc. v. Watson Pharms., No. 1:12-cv-00993 (D. Del.), Aydin represented Watson (Actavis) in Hatch-Waxman litigation leading to settlement after trial on the patent covering Xopenex® allowing launch of generic versions of the asthma drug.
• In Sunovion Pharm., Inc. v. Synthon Pharm., Inc., No. 5:08-cv-179-H(3) (E.D.N.C.), Aydin represented Synthon in Hatch-Waxman litigation leading to settlement on patent covering Xyzal® allowing Synthon to launch its generic version of the anti-allergy drug.
• In Appeal No. 2021-000352 (Appl. No. 16/216,225), Aydin represented Agienic before the Board on its oil field proppant coating technology, resulting in reversal of all rejections and issuance of U.S. Pat. No. 11,352,551.
• In Appeal No. 2018-005516 (Appl. No. 15/154,458), Aydin represented Agienic before the Board on its oil field proppant technology, resulting in reversal of all rejections and issuance of U.S. Pat. No. 10,208,241.
• In Appeal No. 2015-007342 (Appl. No. 13/219,394), Aydin represented RegeneRx Biopharmaceuticals before the Board on its dry eye syndrome treatment, resulting in reversal of all rejections and issuance of U.S. Pat. No. 9,821,030.
• In Appeal No. 2013-006526 (Appl. No. 10/585,970), Aydin represented IHI E&C International before the Board on its recovery of liquefied petroleum gas or natural gas liquids technology, resulting in reversal of all rejections and issuance of U.S. Pat. No. 9,360,249 after many years of erroneous rejections by the Examiner. Aydin’s successful arguments resulted in the Office awarding the patentee more than 8.5 additional years of patent term to compensate for the significant delays caused by the erroneous rejections.
• In Reexamination Proceeding 90/009,946, Aydin successfully defended against challenges to his client’s wine treatment technology, resulting in issuance of a re-examination certificate that confirmed patentability of all claims without any amendments or cancellations.
• In Reexamination Proceeding 90/009,947, Aydin successfully defended against challenges to his client’s wine treatment technology, resulting in issuance of a re-examination certificate that confirmed patentability of all claims without any amendments or cancellations.

Prior to joining Rothwell Figg, Aydin researched protein structures, interactions, and dynamics using nuclear magnetic resonance (NMR) and other biochemical techniques. He also investigated and used novel protein expression and purification techniques, particularly for increasing the purified yield of isotope-labeled proteins. Aydin's dissertation focused on the molecular structures and interactions of proteins involved in cellular protein degradation pathways. His research was published in high impact journals including Nature Structural Molecular Biology and Molecular Cell. Aydin also served in scientific, marketing, and business development capacities at a start-up biotechnology firm in Maryland.

Intellectual Asset Management's (IAM) Patent 1000: The World's Leading Patent Professionals (2021-2023)
Ranked for Prosecution in the D.C. Metro Area

LMG Life Sciences (2023)
Named a Rising Star

Washington, D.C. Super Lawyers (2024)

Washington, D.C. Super Lawyers "Rising Star" (2017-2023)

Martindale-Hubbell Client Champion Platinum (2024)

Martindale-Hubbell Client Champion Gold (2018-2023)

American Bar Association, Co-Chair of the Biotechnology, Healthcare Technology, and Medical Devices Committee of the ABA’s Science & Technology Law Section

American Intellectual Property Law Association

Intellectual Property Owners Association

Federal Circuit Bar Association

PTAB Bar Association