Iain dedicates most of his time to high technology patent issues.  He conducts pre-suit investigations and IP due diligence investigations and provides freedom-to-operate and opinions relating to infringement and validity, as well as litigating patent infringement cases. Iain also drafts and negotiates patent licenses and develops patent procurement and patent prosecution strategies. He has practiced before the USPTO for over 25 years and has extensive experience preparing and prosecuting patent applications. He has also been involved in many post-grant procedures in front of the PTO.  For the past several years, his work has been involved in telecommunications, including cellular base stations and antennas, distributed antenna systems, Wi-Fi and RF systems and components, and fiber optical communications systems.  He is also experienced in preparing opinions relating to and litigating pharmaceutical and biotech patents, and he is experienced in preparing and serving Hatch Waxman “Paragraph IV” notice letters and detailed statements and has represented several generic pharmaceutical companies in several ANDA patent litigations.

Prior to becoming a patent attorney Iain spent several years as a professional physicist, working in different technologies including pico- and femto-second lasers, electro-optics, semiconductors, RF and radar systems, and pulsed power.  He has patent experience in these areas, in addition to other technical fields such as LCD displays, medical devices, DNA sequencing, and biomedical assays.

In 2002, he was named by Minnesota Lawyer magazine as one of the Top 10 Up and Coming Attorneys in Minnesota.  Since 2022 he has consistently been recognized by Best Lawyers®

University of Minnesota, Master of Biological Sciences

William Mitchell College of Law, JD summa cum laude

University of St. Andrews, Scotland, PhD Physics

University of Strathclyde, Scotland, BSc, Applied Physics, 1st class honors

Minnesota Supreme Court

US District Court for the District of Minnesota

US Court of Appeals for the Federal Circuit

US Patent and Trademark Office

Sanofi-Aventis v. Glenmark Generics, Inc. USA (dronedarone)

Carlson Caspers represented Glenmark in this Hatch-Waxman patent litigation concerning Glenmark’s Paragraph IV ANDA challenge of 3 patents covering the formulation and uses of dronedarone (Multaq®).  We achieved a successful settlement for our client...

Pozen v. Teva Pharmaceuticals USA, Inc. (sumatriptan and naproxen sodium)

Carlson Caspers represented Teva Pharmaceuticals in its effort to seek FDA permission to market a generic version of Treximet® (sumatriptan and naproxen sodium) before expiration of Pozen’s patents. Our client settled its case,...

Novartis AG, Et al. v. Teva Pharmaceuticals USA, Inc., Et al. (Mycophenolic Acid)

Carlson Caspers represents Teva in a Hatch-Waxman patent litigation action involving three formulation patents for mycophenolic acid (Myflortic®). The case is currently pending.

Elan v. Teva Pharmaceuticals USA, Inc. (Dexmethylphenidate ER)

Our client filed an ANDA including a Paragraph IV challenge of Elan’s patents covering the formulation of Celgene’s Focalin® (dexmethylphenidate) extended release tablets. Carlson Caspers represented Teva in the ensuing Hatch-Waxman patent litigation, and...

Elan v. Barr Pharmaceuticals (Dexmethylphenidate ER)

Carlson Caspers represented Barr in this ANDA litigation concerning Barr’s efforts to introduce a generic version of Focalin® (dexmethylphenidate) extended release tablets into the consumer market. Through our representation, Barr secured a favorable...

Elan Corporation v. Teva Pharmaceuticals USA, Inc. (Dexmethgylphenidate ER)

Our client, Teva, faced charges of infringement of two patents covering Elan’s SODAS® technology used in connection with Focalin XR® (dexmethylphenidate) and other pharmaceutical drug products stemming from an abbreviated new drug application...

Forest Labs, Et Al. v. Teva Pharmaceuticals USA, Inc., Et Al. (Memantine Extended-Release)

Carlson Caspers represented Teva in this Hatch-Waxman patent litigation concerning seven patents directed to compositions and uses of memantine extended-release (Namenda XR®).  Shortly before trial and after the Markman hearing, the Court found the asserted...

Hoffmann-La Roche v. Teva Pharmaceuticals USA, Inc. (Capecitabine)

Carlson Caspers represents Teva in this Paragraph IV Hatch-Waxman case concerning Teva’s ANDA for capecitabine (Xeloda®), which challenged the infringement and validity of the listed Orange Book patents.  This case settled on favorable...

OSI Pharmaceuticals, Inc. Pfizer, Inc. and Genentech, Inc. v. Teva Pharmaceuticals USA, Inc. Et Al (ERLOTINIB)

Our firm represented Teva, who was one of two first-filers, against charges of infringement of compound, polymorph and method patents relating to erlotinib (brand name Tarceva®) in this Hatch-Waxman Paragraph IV ANDA litigation....

2023, 2024 and 2025 Best Lawyers in America® for Litigation—Intellectual Property

Minnesota Lawyer Diversity & Inclusion Honoree (2022)

Iain was listed in Patexia’s ANDA Litigation Intelligence Report, 2022 Edition, recognizing Carlson Caspers as among the Top 10 ANDA Best Performing Firms and the Top 25 Most Active Firms for Hatch-Waxman Litigation.

Minnesota Lawyer “Top 10 Up & Coming Attorney-Minnesota” (2002)