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Developments in Pharmaceutical and Biotech Patent Law 2012


Speaker(s): Benjamin C. Hsing, Daniel L. Reisner, David K. Barr, Dean Olson, Hon. Garrett E. Brown , Hon. Joel A. Pisano, Ian J.S. Lodovice, Janet B. Linn, Janet T. Munn, Liza M. Walsh
Recorded on: Apr. 5, 2012
PLI Program #: 34641

Ben Hsing is a partner at McGuireWoods LLP.  Ben’s practice is focused on patent litigation and counseling in the life sciences industry.  Ben is an accomplished trial lawyer, having tried numerous high-profile cases on behalf of major pharmaceutical and technology companies.  Ben is also well versed in USPTO proceedings and assists clients in post-grant and contested patent office proceedings.  In addition, Ben is experienced in conducting intellectual property due diligence investigations in connection with acquisitions and licensing deals and rendering freedom-to-operate, patentability, validity and infringement opinions.  According to Chambers USA 2014, Ben is a “favorite of high-profile branded drug companies.” Chambers USA 2018 describes Ben as “a very detail-oriented attorney.”  Ben is an active member of the legal community and frequently speaks on topics involving intellectual property and litigation.  Ben graduated with highest honors from George Washington University Law School.


Chief Judge Brown joins the JAMS panel after a distinguished judicial and legal career. Most recently, he served twenty-six years as United States District Judge for the District of New Jersey, the last six as Chief Judge, where he led the court-wide effort to provide prompt, efficient justice to civil litigants, and to implement new local patent rules. During this period, he was designated by the Judicial Panel on Multi-District Litigation to manage countless MDL cases, which resulted in numerous settlements. Prior to appointment to the federal judiciary, he served as Chief Counsel and Acting Administrator of the U.S. Maritime Administration and as General Counsel of the U.S. Government Printing Office. He was previously in private practice, where he concentrated on federal commercial litigation, including antitrust, employment, construction, environmental, banking, intellectual property, and securities matters. 

Judge Brown is highly regarded by counsel for his exceptional ability to expeditiously handle and resolve complex litigation. He is perceived by the parties as being extremely well prepared, knowledgeable, and experienced.

ADR Experience and Qualifications

  • During his 26 years on the federal bench, Chief Judge Brown has presided over and resolved by settlement, trial, or judgment some 9,000 cases involving a wide range of issues.

Representative Matters

During his service as Chief Judge, in addition to leading a large metropolitan court of 38 judicial officers, Judge Brown maintained a full civil caseload, assisting other judges in complex cases, trying about 11 cases a year and settling many, many more. He was also designated by the Judicial Panel on Multi-District Litigation to manage numerous MDL cases during this period, which resulted in numerous settlements. Since many of the most challenging matters Judge Brown has handled are subject to confidentiality orders, the names and details are not set forth.

A small sampling of his representative matters includes:

  • Class Actions
    • ERISA: Presided over a class action dispute brought by participants in a Long Term Savings Plan for Management Employees for compensation for losses related to breach of ERISA-mandated duties in the operation and administration of the Plan and granted preliminary and final approval of the $29 million settlement
    • Securities Fraud
      • Presided over a trial in a securities fraud class action, which resulted in settlement prior to verdict at Judge Brown’s recommendation; settlement upheld on appeal to the Third Circuit
      • Presided over and approved the final settlement of the class action alleging violations of the Securities Act against former officers and directors of a now defunct generic drug manufacturer
    • Antitrust
      •  Presided over a consolidated matter involving a putative class of title insurance purchasers that alleged injuries as a result of a price-fixing conspiracy by insurance providers

Background and Education

  • Judge, United States District Court, District of New Jersey, 1986-2012 (Chief Judge, 2005-2012)

Specialties

Admiralty

Antitrust

Arbitration

Banking

Bankruptcy

Business/Commercial

Civil Rights

Class Action/Mass Torts

Construction

Employment

Environmental

Federal Judge

Governmental/Public Agency

Health Care

Insurance

Intellectual Property

Pharmaceuticals/Mass Tort

Securities

Locations

New York, New York


Available to hear cases nationwide.

For a complete bio see http://www.jamsadr.com/brown/


Daniel Reisner has an undergraduate degree in Physics from Wesleyan University and obtained his J.D. from New York University School of law.

He focuses on patent and trade secret litigation and intellectual property transactions. Mr. Reisner has represented large and small clients through trial in numerous matters, patent office proceedings and arbitrations involving a wide range of pharmaceutical products including Celebrex®, Viagra®, Praluent®, Gleevec®, HCV diagnostics, PocketECG arrythmia remote monitoring, Glynase® and technologies including VoIP, DOCSIS, VOD, networking, image recognition, plastic injection molding, defense and aerospace.


David K. Barr concentrates in the areas of patent, trade secret, and unfair competition litigation and counseling. Mr. Barr's experience includes litigation in federal and state courts, appeals to the Federal Circuit Court of Appeals and practice before the US Patent and Trademark Office, including contentious inter partes proceedings. Mr. Barr has been lead trial counsel in many complex Hatch-Waxman and biotech patent infringement cases, and has counseled clients on product development and strategic patent planning. He has extensive experience in intellectual property transactions, including licenses and acquisitions. Mr. Barr has also conducted numerous patent due diligence investigations, and has drafted patent license and related agreements. His patent matters have involved a variety of technologies, including biotechnology, pharmaceuticals, industrial chemistry and biomedical and mechanical devices.

Mr. Barr has authored articles and has lectured on a variety of intellectual property issues. He is a co-author and co-editor of the treatise Pharmaceutical and Biotech Patent Law (Practising Law Institute, 2016).

Mr. Barr received his law degree from the George Washington University Law School, where he was an Associate Editor of the George Washington Journal of International Law and Economics.


Liza M. Walsh is a highly sought-after litigator with experience representing some of the country’s largest and most prestigious companies. She focuses her practice on federal and complex commercial litigation, with an emphasis on intellectual property, antitrust and class action defense matters. In her more than 30 years of experience, Liza has defended major pharmaceutical companies in significant patent litigation and acted as liaison counsel to groups of defendants in multi-party litigation. She has more than 150 published decisions and represents clients from a diverse range of industries, including pharmaceuticals, health and title insurance, financial services, life sciences, technology, and other service and product industries. She has also served as an arbitrator in major commercial proceedings, amid a growing demand for more female representation in the field. Liza is also counsel to Senator Torricelli in his capacity as the Special Master in the enforcement of the largest court-ordered environmental cleanup in the country, involving CERCLA, RCRA, and other state and federal regulations and addressing soil, groundwater, and sediment contamination.

Liza has been named to “Best Lawyers in America” for Commercial Litigation, Patent Law and ERISA Litigation in 2016, following similar recognition for nine prior consecutive years. Most recently, she was honored by the Executive Women of New Jersey as one of the 2016 “Women of Achievement.” NJBIZ also selected Ms. Walsh as “Top 25 Leading Women Entrepreneurs of New Jersey” and “New Jersey’s Best 50 Women in Business.” Other honors and credits include “New Jersey Super Lawyers” for eight years, “New York’s Best Lawyers” and “New York’s Women Leaders in the Law” by New York Magazine. A graduate of Seton Hall University School of Law, she received the school’s Distinguished Graduate Award in 2012.

Before founding Walsh Pizzi O’Reilly Falanga LLP, Liza led the litigation practice that was named “Intellectual Property Litigation Group of the Year” by the New Jersey Law Journal in 2014. At the start of her legal career, she served clerkships for the Hon. Clarkson S. Fisher, Chief Judge of the U.S. District Court for the District of New Jersey, from 1985 to 1986, and for Hon. Charles Harrington, J.S.C. of the New Jersey Superior Court, from 1984 to 1985. An active community advocate, Liza is a member of the Board of the US-Asia Institute, the New Jersey Ballet, and the District Court Historical Society and serves on the Finance Committee for the Roman Catholic Archdiocese of Newark. She is a Fellow of the American Bar Association.

Practice Areas:

Business & Commercial Litigation Class Action Defense

Intellectual Property &Trade Secret Litigation

Admitted to Practice:

New Jersey

United States Supreme Court

United States Court of Appeals for the Third Circuit

United States Court of Appeals for the Federal Circuit

United States District Court for the District of New Jersey

Education:

Seton Hall University School of Law (1984)

Manhattan College (1981)