Biosimilars Blog
Privacy Blog
RF 360
Aydin H. Harston, Ph.D. Member

As a registered patent attorney, Dr. Aydin H. Harston concentrates his practice in intellectual property, focusing primarily on patent litigation, patent prosecution, post-grant proceedings and patent portfolio evaluations and opinions. Specifically, he routinely handles many aspects of patent prosecution, from pre-application counseling, to application preparation, worldwide filings, prosecution, and post-grant procedures.  He also handles many aspects of patent litigation from discovery disputes, claim construction issues, expert witness preparations, to trial and appeals. 

Since joining the firm in 2007, Dr. Harston has been involved in intellectual property matters in the context of PTAB proceedings, pharmaceutical litigations, and patent prosecution. His legal work for clients covers an array of technological fields, including: organic and inorganic chemistry; engineering; materials science; polymer chemistry and product manufacturing.

His work in the genetics realm includes: gene therapies; CRISPR technologies; genetic reprogramming; genetic engineering; and recombinant DNA technology.

In the realm of pharmaceuticals, biotechnology and medicine, his work has involved: antibody and biologic drugs; biosimilars; small molecule pharmaceuticals; deuterated drugs; continuous glucose sensors; medical devices and equipment; biological purification systems and methods; peptide and protein engineering; contraceptive formulations; antihistamine and asthma drugs; multiple sclerosis and cancer treatments; vaccines; liposome-, vesicle-, microsponge- and bacterial ghost-encapsulated drugs; isomeric drugs; prodrugs; implants; transplants; and wound healing materials.

His work in the food science and plant field includes: herbicidal, fungicidal, plant growth compositions; supplements; and nutraceuticals.

In the fields related to chemical, mechanical, electronic and industrial devices, his work has involved: hydrocarbon recovery compositions and methods; OLEDs, LCDs and LEDs; laminates and films for solar and display devices; imaging; electrochromic devices and dyes; robotic systems; corrosion-prevention; aircraft and satellite technology; quantum cascade laser technologies; various mechanical devices; and methods; devulcanization techniques; conveyor systems; lubricant formulations; vehicle air management systems; electronic components; and printer inks and toners.

Dr. Harston is actively involved in various bar and professional organizations. He was recently appointed Vice-Chair of the International and Domestic Policy Advisory Committee of the ABA’s Science & Technology Law Section and Vice-Chair of the Biotechnology, Healthcare Technology, and Medical Devices Committee of the ABA’s Science & Technology Law Section.


Dr. Harston has prosecuted over a thousand patent applications in chemical, pharmaceutical, biotechnology, and mechanical fields and handled numerous IP due diligence projects.  Dr. Harston has participated in litigation teams representing clients in Federal district courts and at the Court of Appeals for the Federal Circuit.  Dr. Harston has also represented clients in inter partes review, appeal, and reexamination proceedings before the U.S. Patent & Trademark Office.

Representative cases:

  • Acrux DDS Pty Ltd. v. Kaken Pharm. Co. Ltd. (IPR2017-00190)
  • Galderma Labs. LP v. Actavis Labs. UT, Inc., No. 1:15-cv- 00232 (D. Del.)
  • Sunovion v. Watson Pharms., No. 1:12-cv- 00993 (D. Del.)
  • Sunovion Pharm., Inc. v. Synthon Pharm., Inc., No. 5:08-cv-179-H(3) (E.D.N.C.)
  • Appeal No. 2018-005516 (Appl. No. 15/154,458)
  • Appeal No. 2015-007342 (Appl. No. 13/219,394)
  • Appeal No. 2013-006526 (Appl. No. 10/585,970)
  • Reexamination Proceeding 90/009,946
  • Reexamination Proceeding 90/009,947

Prior to joining Rothwell Figg, Dr. Harston 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. Dr. Harston’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.  Dr. Harston also served in scientific, marketing and business development capacities at a start-up biotechnology firm in Maryland.

Publications & Presentations

Harston, A., “House Democrats Seek to Remove Biologics Exclusivity Period from USMCA,”, July 25, 2019.

Harston, A. and Teigen, A.J., “What Pharma Companies Must Do Globally to Benefit From Canada’s Patent Term Extension Framework,”, July 17, 2019.

Harston, A., “Responding to Growing Criticisms, PTAB Expands Discretion to Deny Institution,”, May 17, 2019.

Harston, A., “Key Takeaways from a Flurry of Precedential Decision Designations,”, April 11, 2019.

Harston, A. and Teigen, A.J., “Why the Disconnect? Federal Circuit Reverses Yet Another Inherent Obviousness Decision,”, March 22, 2019.

Harston, A., “Biosimilars Will Get Special Names – Suffixes are Here to Stay,”, March 15, 2019.

Harston, A., “Two Asserted Lantus Patents Cancelled – Commercial Success Evidence Insufficient Because of Blocking Patents,”, January 8, 2019.

Harston, A., “USMCA Assailed as Exacerbating High Drug Prices,”, November 15, 2018.

Harston, A. (panel member), “Roundtable: Trends in Biosimilars,”, October 2018.

Harston, A. and Allen, D.L., “Federal Circuit: No Tribal Sovereign Immunity,”, July 23, 2018.

Harston, A., “Ignore PTAB Precedent at Your Peril,”, May 30, 2018.

Harston, A., “Challenging Pharmaceutical Patents, New Arrows in the Quiver?”, April 10, 2018.

Harston, A., “A Rare Successful Challenge of a Patent for a Method of Manufacturing Biologic Drugs,”, March 12, 2018.

Harston, A., “Federal Circuit Revives Polaris’ Claims After PTAB’s Obviousness Analysis Veers Off Course,”, February 23, 2018.

Harston, A., “Are Communications with Foreign Patent Agents and Attorneys Privileged in PTAB Proceedings?”, November 14, 2017.

Co-author, “Reissue Applications During Post Grant Proceedings: To Stay or Not To Stay?”, October 4, 2017.

Harston, A., “FDA Reauthorization Bill is Enacted–Changes Biosimilar User Fees and Review Model,”, August 4, 2017.

Harston, A., “An Overview of Important Changes in BsUFA II,”, June 27, 2017.

Co-author, "How the U.S. Compares to Europe on Biosimilar Approvals and Products in the Pipeline,", April 25, 2017.

Co-author, "Long-Lived States to Monitor Protein Unfolding by Proton NMR" ChemPhysChem, 12(15), (2011): 2729–2734.

Co-author, Perturbing the Ubiquitin Pathway Reveals How Mitosis Is Hijacked to Denucleate and Regulate Cell Proliferation and Differentiation In Vivo, PLoS ONE, 5(10), (2010): e13331.

Co-Author, Structure of the S5a:K48 Linked Ubiquitin Complex and Its Interaction with Rpn13, Mol. Cell. 35(3), (2009):280-290.

Co-Author, Avid Interactions Underlie the K63-Linked Polyubiquitin Binding Specificities Observed for UBA Domains, Nature Struct. Mol. Biol. 16(8), (2009):883-889.

Haririnia, A. et al., Mutations in the Hydrophobic Core of Ubiquitin Differentially Affect its Recognition by Receptor Proteins, Journal of Molecular Biology 375, (2008):979-996.

Haririnia, A. et al., “Mapping the interactions between Lys48- and Lys63-linked di-ubiquitins and a ubiquitin-interacting motif of S5a” Journal of Molecular Biology 368, (2007):753-766.

Co-Author, “Personal Role Management: Overview and a Design Study of Email for University Students" Kaptelinin, V., Czerwinski, M. (Editors) Beyond the Desktop Metaphor, MIT Press, April 1, 2007.

Co-Author, “Solution conformation of Lys63-linked di-ubiquitin chain provides clues to functional diversity of polyubiquitin signaling” Journal of Biological Chemistry 279, (2004):7055-7063.

Professional Affiliations, Honors & Recognition

Martindale-Hubbell Client Champion Gold (2018-2019)

Washington, DC Super Lawyers "Rising Star" (2017-2019)

Vice-Chair of the International and Domestic Policy Advisory Committee of the ABA’s Science & Technology Law Section

Vice-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

American Bar Association

Federal Circuit Bar Association

PTAB Bar Association