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Developments in Pharmaceutical and Biotech Patent Law 2016


Speaker(s): Asim Bhansali, Daniel L. Reisner, Daniel M. Silver, David K. Barr, Eric Kraeutler, Jennifer Gordon, Liza M. Walsh
Recorded on: Nov. 9, 2016
PLI Program #: 150246

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.


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.


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)


Dan is a partner in the Intellectual Property/Information Technology and Business Litigation groups, He focuses on intellectual property disputes and has extensive experience prosecuting and defending traditional patent litigation. A pharma specialist, Dan often represents plaintiffs in Hatch-Waxman patent infringement cases. In addition to his IP practice, he litigates complex corporate and commercial disputes including shareholder derivative cases, class actions and antitrust matters.

Dan practices in all Delaware Courts and regularly serves as Delaware counsel. He has first-chaired several bench trials. Recent highlights include serving on the M&E teams that secured shareholder rights for Cigna in Cigna Health and Life Insurance Co. v. Audax Health Solutions Inc. et al. (Delaware Court of Chancery, No. 9405-VCP) and obtained judgment in favor of the plaintiffs following an 8-day bench trial in Pfizer Inc. v. Teva Pharmaceuticals USA, Inc., 882 F. Supp. 2d 643 (D. Del. 2012).

For several years, Dan co-authored the chapter on Corporate Law in Annual Review of Developments in Business and Corporate Litigation, published by the American Bar Association, and the Delaware chapter in A Practitioner's Guide to Class Actions, published by the American Bar Association (2010).

Dan regularly handles pro bono matters. In one such case, he successfully argued that a recently-enacted Delaware statute was unconstitutional as a violation of his client’s right to equal protection. C.M.G. v. L.M.S., CN04–08601, 2009 WL 5697870 (Del. Fam. Ct. Dec. 21, 2009). In another (related) action, Dan was part of a team that obtained complete reversal of the trial court’s post-trial decision in an appeal to the Delaware Supreme Court.Smith v. Gordon, 968 A.2d 1 (Del. 2009).


Mr. Bhansali's experience spans a wide-range of civil trials and appeals, with particular emphasis on intellectual property and antitrust matters. He has handled patent disputes in district courts and the U.S. International Trade Commission for cases that have involved computer software, internet content delivery, digital imaging, telecommunications, and pharmaceuticals. His antitrust experience has included representing corporations in the credit-card, pharmaceutical, and video-game industries as both plaintiffs and defendants. In addition, Mr. Bhansali has handled numerous appeals in federal and state courts, and he has defended clients in several class actions brought under federal and California law.

Mr. Bhansali has been listed in Best Lawyers in America for Intellectual Property Litigation and Patent Litigation, since 2010. In 2009, Mr. Bhansali was named one of the Daily Journal's Top 20 Under 40 lawyers in California. In 2015, he served as President of the Northern District of California Federal Bar Association Chapter, and he presently serves as Chief Financial Officer and Board member for the Northern District of California Practice Programs Committee. From 2010 to 2014, he served on the Executive Committee of the State Bar of California Section of Antitrust and Unfair Competition Law.


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.