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Developments in Pharmaceutical and Biotech Patent Law 2015


Speaker(s): Daniel L. Reisner, David K. Barr, Deborah Fishman, Eric Kraeutler, Jennifer Gordon, Joseph M. Drayton
Recorded on: Sep. 18, 2015
PLI Program #: 136822

Daniel Reisner focuses on patent and trade secret litigation, intellectual property licensing, and general complex commercial disputes. His intellectual property experience includes biotechnology, pharmaceuticals, ANDA litigations, medical devices, telecommunications, computers, plastic injection molding manufacture, and aerospace systems.

Mr. Reisner has worked on numerous trials and has broad experience in all phases of litigation. Examples of matters on which Mr. Reisner has worked include representation of Pfizer Inc. in a patent infringement suit brought by the University of Rochester involving Celebrex®, a multibillion-dollar drug for the treatment of arthritis. The case resulted in a victory for Pfizer with a decision by the Federal Circuit upholding the district court's decision invalidating the patent-in-suit on a motion for summary judgment. In a subsequent suit against a generic, Mr. Reisner represented Pfizer in obtaining a victory at trial and affirmance on appeal.

Mr. Reisner also represents clients in telecommunications- and computer-related patent disputes. The technologies involved aspects of broadband data and video transmission, coaxial cable and optical data transmission, headends, data centers, computer networking, satellite communication, NTSC, ATSC, MPEG and DOCSIS standards, videotex, handheld computing, memory, peripherals, and microprocessors.


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.


Jennifer Gordon is skilled in life sciences-related patent law. She has extensive experience in complex patent litigation involving biotechnology, pharmaceutical and other life sciences and chemistry-related patents. She has tried cases to judges and juries and argued appeals before the Court of Appeals for the Federal Circuit.

EXPERIENCE

Dr. Gordon also has extensive experience in client counseling (including validity, infringement and freedom-to-operate analyses; strategic planning in patent procurement; as well as IP due diligence investigations related to corporate transactions). She has been involved with various patent office proceedings in the United States and abroad, including reexaminations, inter partes reviews and oppositions. She has worked with foreign counsel to coordinate and implement strategies for procuring, enforcing and defending patent rights on a worldwide basis.

Over her career, Dr. Gordon has litigated, procured and counseled on a vast array of patented technologies in the life sciences, such as nucleic acid amplification technologies (PCR), recombinant DNA technologies, cell culture methodologies, biological therapeutics (interferons, human growth hormone, monoclonal antibodies, receptor decoys, stem cells and antisense oligonucleotides), growth factors, enzymes, vaccines, genetically engineered plants, pharmaceutical compounds (cefadroxil, ezetimibe, rosiglitazone, capecitabine and valsartan), medical devices (stents) and medical diagnostics (PCR, in situ hybridization, immunoassays and NMR contrast agents).

Dr. Gordon is a member of the American Intellectual Property Law Association, The Federal Circuit Bar Association, The New York Intellectual Property Law Association, The New Jersey Intellectual Property Law Association, The American Chemical Society and The American Association of the Advancement of Science. She is a frequent lecturer on numerous intellectual property topics, particularly with respect to biotechnology patent law. Ms. Gordon has been named in publications such as Chambers USA.


Joseph M. Drayton is a partner in the Cooley Litigation department and member of the Intellectual Property Litigation practice group. He joined the Firm in 2012 and is resident in the New York office.

Mr. Drayton's practice background includes a broad range of intellectual property and complex commercial matters. He is experienced in patent litigation, trademark and copyright usage, trade dress, design patents and false advertising. Mr. Drayton also counsels clients in all aspects of intellectual property acquisition, transfer, protection and enforcement. He has represented leading companies in the media, telecommunications, banking, private equity, pharmaceutical, electronics and retail industries.

Mr. Drayton practices before both state and federal courts, as well as the International Trade Commission. He has been a lead member of numerous patent trial teams, including four over the past few years. Mr. Drayton has handled temporary restraining orders, preliminary injunctions, all facets of motion practice and complex discovery. 

Education

  • University of Pennsylvania Law School
    JD, 1997
  • University of Maryland, College Park
    BS, 1993

Court Admissions

  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York

Bar Admissions

  • District of Columbia
  • Maryland
  • New York

Memberships

  • American Bar Association
  • Federal Bar Council
  • Maryland State Bar Association
  • Metropolitan Black Bar Association
  • National Bar Association
  • New York City Bar Association
  • New York State Bar Association


Deborah Fishman focuses her practice on intellectual property, with a particular emphasis on biopharmaceutical and medical device patent litigation. She also handles antitrust, trade secret, and general commercial disputes. Ms. Fishman has successfully represented Fortune 500 companies in business-critical patent cases and commercial disputes, and has litigated cases worth more than $1 billion through trial.

As an IP litigator, Ms. Fishman has represented leading life sciences companies like Elan Pharmaceuticals, Olympus Surgical, and Amgen in all aspects of complex patent litigation. Her experience includes bringing and defending patent infringement actions concerning biologic therapeutics (such as recombinant proteins and antibodies) and medical devices (such as bipolar surgical instruments and ophthalmic imaging techniques). Ms. Fishman is also registered to practice before the USPTO and has an active practice in post-grant contentious proceedings before the Patent Trials and Appeals Board, before district courts, and on appeal to the Federal Circuit.


Mr. Kraeutler is the global leader of Morgan Lewis’s 170 lawyer intellectual property practice.  Mr. Kraeutler has broad trial and litigation experience, including patent litigation, trademark litigation, copyright litigation, trade secret litigation, and related claims.  Mr. Kraeutler is a Fellow of the American College of Trial Lawyers, and is listed in Chambers USA:  America’s Leading Lawyers for Business (2013-16) and Best Lawyers in America (2008-16).  He is a former Assistant U.S. Attorney for the Eastern District of Pennsylvania.