Sam Lockner represents technology-focused clients primarily 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 disputed matters, particularly involving patents (e.g., Hatch-Waxman cases), complex commercial matters (e.g., breach of contract, fraud, indemnification), trade secret misappropriation, unfair competition, trademarks, and marketing-related claims. He advises clients on regulatory matters, including on safe harbor issues, biosimilar and interchangeability strategies and opportunities under the BPCIA, and Hatch-Waxman strategies and approaches.

Sam also routinely 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, non-disclosure agreements); evaluates design-around options for new or next-generation products; issues freedom-to-operate and invalidity opinions; conducts competitive 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 has had the privilege of being part of two teams of attorneys 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.

Sam frequently publishes and speaks at domestic and international conferences on IP issues. Recent publications and presentations include:

“Patent Infringement: How to Maximize Remedies by Advanced In-House Planning, Claim Drafting, and Litigation Strategy,” Midwest Intellectual Property Institute 2022 (Minneapolis, MN)

“Litigation Funding: Considerations and Strategies,” 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)

REPRESENTATIVE CASES