Sam Lockner represents technology-focused clients oftentimes in the life science, biotechnology, pharmaceutical, bio-agricultural, food, medical device, and molecular diagnostic industries. His practice focuses on intellectual property and technology-driven commercial disputes and transactions.
Sam has experience representing clients in adversarial matters involving patents (including Hatch-Waxman cases), complex commercial matters (e.g., breach of contract, fraud, indemnification), trade secret misappropriation, unfair competition, trademark, and marketing-related claims. He advises clients on regulatory matters, including safe harbor issues, opportunities under the BPCIA, and Hatch-Waxman strategies and approaches.
Sam also advises clients on patent prosecution matters; performs diligence for strategic acquisitions, (e.g., companies, portfolios, product lines, and regulatory dossiers); drafts and negotiates technology agreements (e.g., joint-developments, merger-and-acquisitions, clinical trials, distribution, material transfer, non-disclosure, license agreements, supply and distribution agreements, toll/contracted manufacturing agreements, joint venture agreements, SaaS agreements, logistics services agreements); evaluates design-around options for new or next-generation products; issues freedom-to-operate and invalidity opinions; conducts competitive commercial, regulatory, and patent landscape analyses; and counsels on antitrust, marketing, ESG, and privacy issues.
Sam represents clients in administrative proceedings, including before the U.S. Patent Office in connection with inter partes reviews, ex parte reexaminations, post grant reviews, and trademark matters.
Sam is active in the legal community and performs pro bono work, including for the Children’s Law Center and the Great North Innocence Project. He was a member of two trial and appellate teams that through the Great North Innocence Project secured the freedom of two wrongfully convicted individuals. Sam is a former Board member of the Fund for Legal Aid and currently serves on the planning committee for the Midwest IP Institute.
Ohio State University, JD, cum laude
University of Minnesota, JD, cum laude
William Mitchell College of Law, JD, cum laude
Purdue University, BSME, Pi Tau Sigma
Boston University School of Law
J.D., cum laude
Health Law Concentration with honors
Dean’s Award for Trademark and Unfair Competition
University of Minnesota
B.S., Genetics Cell Biology and Development
Millennium Pharmaceuticals, Inc. v. Teva Pharmaceuticals USA, Inc., et al.(bortezomib)
Carlson Caspers represents Teva in this Hatch-Waxman patent litigation in support of its efforts to make a generic version of bortezomib (Vercade®) for the treatment of patients with multiple myeloma. The case is currently...
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. 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...
Dupont Pioneer – Monsanto Licensing Deal Valued AT 1.75 Billion
For the past several years, Carlson Caspers has represented one of the largest agribusinesses companies in the world, DuPont Pioneer®. Although much of the firm’s work on behalf of DuPont Pioneer® involves confidential...
SEC v. Jason Bo-Alan Beckman Et al.
Carlson Caspers is lead counsel for the Receiver in this $190 million Ponzi scheme. The firm was appointed by Chief Judge Davis of the United States District Court for the District of Minnesota...
Carlson Caspers Partner Tara Norgard served as lead counsel for the Receiver, working with a team of Carlson Caspers attorneys, to repatriate assets in the $190 million Trevor Cook Ponzi scheme, the second-largest...
Takeda Pharmaceutical Company Et al. v. Watson Pharmaceuticals, Inc. Et al. (Ramelteon)
Carlson Caspers represented Watson in a patent infringement lawsuit by Takeda in an effort to defeat Watson’s FDA application to sell a generic version of Takeda’s Rozerem® sleep-aid. The case was settled without...
Altana Pharma AG and Wyeth v. Teva Pharmaceuticals USA, Inc. (Pantoprazole)
Our client, Teva, was the first drug manufacturer to file a Paragraph IV ANDA challenging the validity of a patent covering Protonix® (pantoprazole), a product that had annual U.S. sales in excess of $2...
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....
Purdue v. Teva Pharmaceuticals USA, INC. (Oxycodone)
Carlson Caspers won a series of significant victories for Teva Pharmaceuticals USA, Inc., involving patents related to Purdue’s multi-billion dollar OxyContin® pain medication. First, Carlson Caspers secured favorable judgments on each of the asserted...
Polymer Group, Inc. v. Magla Products LLC
Carlson Caspers represented Polymer Group in a trademark infringement action relating to the sale of non-woven wipes by Magla and its customer, The Kroger Company. Carlson Caspers obtained a favorable settlement for its...
“Patent Infringement: How to Maximize Remedies by Advanced In-House Planning, Claim Drafting, and Litigation Strategy,” at Midwest Intellectual Property Institute 2022 (Minneapolis, MN)
“Litigation Funding: Considerations and Strategies,” at Midwest Intellectual Property Institute 2020 (Minneapolis, MN)
“Expert Perspectives on the Rapidly Evolving Cannabis Industry,” at Midwest Intellectual Property Institute 2019 (Minneapolis, MN)
“Protecting IP in Manufacturing and Distribution Relationships: Helsinn and More,” at Midwest Intellectual Property Institute 2018 (Minneapolis, MN)
“Navigating the Interface between IPRs and Patent Litigation,” at World Intellectual Property Forum 2018 (Dubai, UAE)
“Perspective from the U.S. with Gene Therapy: Trends Before the Patent Office, District Court Litigation, and Licensing Strategies,” at BIO Korea 2017 (Seoul, South Korea)
“Strategy Considerations for Patent Enforcement Worldwide: A Panel of International Experts,” at Midwest Intellectual Property Institute 2017 (Minneapolis, MN)
“Ask Questions First, Then File: The Importance of Pre-Suit Investigation,” at Midwest Intellectual Property Institute 2016 (Minneapolis, MN)
“Patent Disputes in the Medical Device Field–2016-17,” Book Chapter in Midwest Intellectual Property Institute (2017)
Patexia, ANDA Litigation Report 2024:
#21 Best Performing Attorney -Defendant
#54 Most Active Attorney – Defendant
#58 Best Performing Attorney – Overall
#119 Most Active Attorney – Overall
IAM Leading Patent Professional (2023-present)
Silver recipient for intellectual property litigation
Recommended for intellectual property transactions
Listed in The Best Lawyers® in America©
Litigation-Intellectual Property (2020-present)
Biotechnology and Life Sciences (2023-present)
Ranked in Patexia’s ANDA Litigation Intelligence Report (2020-present), including:
Top 15 Most Successful and Best Performing ANDA Attorneys-Defendant
Top 100 Attorneys Representing Defendants
Top 100 Most Active ANDA Attorneys Overall Representing Plaintiffs and Defendants
Named a Super Lawyer®/Rising Star® for Intellectual Property Litigation (2008-present)
Named a Top 25 Attorney of Minnesota by Attorney Intel (2024)
Awarded inaugural Pro Bono Champions of the Year Award (2022) by the Great North Innocence Project
