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Developments in Pharmaceutical and Biotech Patent Law 2017

Speaker(s): Benjamin C. Hsing, Daniel L. Reisner, David K. Barr, Jennifer Gordon, Ph.D., Kenneth H. Sonnenfeld, Ph.D., Sanjay K. Murthy
Recorded on: Nov. 1, 2017
PLI Program #: 209336

Ben Hsing is an accomplished trial lawyer with significant experience litigating patents across a broad range of technologies, including pharmaceutical compounds and formulations, telecommunication cables, treatment methods, genetically engineered seeds, medical devices, memory chips, light switches, imaging devices, and pet products. Ben has secured favorable results for major pharmaceutical and technology companies in numerous high-profile cases.

Ben regularly calls upon his experience as a patent examiner to provide comprehensive counsel to clients on matters before the U.S. Patent and Trademark Office (USPTO), including post-grant and contested patent office proceedings. He also conducts intellectual property (IP) due diligence investigations in connection with acquisitions and licensing deals. He is deeply involved in his clients’ matters, ensuring that he understands all aspects of their businesses and cases so that he can identify, dissect, and solve potential challenges facing his clients.

Daniel Reisner focuses his practice on intellectual property, with emphasis on biotechnology, pharmaceuticals, medical devices, telecommunications and networking.

Mr. Reisner has represented numerous large and small companies through trial involving companies' most important products including Sanofi, Regeneron, Pfizer, Novartis, Medicalgorithmics, Charter Communications and Amazon.  His experience includes representing plaintiffs and defendants in both jury and bench trials, ANDA litigation and arbitration proceedings, as well as IP due diligence and transactional matters.

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.


Dr. Gordon’s practice currently focuses on biotechnology-related patent litigation on the innovator side, including BPCIA cases. She 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 immunotherapies, including CAR-T technology, nucleic acid amplification technologies (PCR), recombinant DNA technologies, cell culture methodologies, protein purification technology, biological therapeutics (interferons, human growth hormone, monoclonal antibodies, receptor decoys, stem cells, antisense oligonucleotides and bispecifc antibody-based hemophilia treatments), growth factors, enzymes, vaccines, genetically engineered plants, pharmaceutical compounds (cefadroxil, ezetimibe, rosiglitazone, capecitabine and valsartan), medical devices (stents and pen injectors) 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, and The American Chemical Society. 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.


J.D., Fordham University

School of Law, 1985

cum laude, Constitutional Law

Medal recipient

Ph.D., Biochemical

Engineering, Massachusetts

Institute of Technology, 1981

Sc.B., Life Sciences,

Massachusetts Institute of

Technology, 1975


Best Lawyers in America

Chambers USA

Who’s Who Legal


New York

Kenneth Sonnenfeld specializes in intellectual property, particularly in the field of biotechnology and pharmaceutical law. As a partner in our Intellectual Property, Patent and Trademark Litigation practice, Ken represents multinational corporations and start-up companies in related IP matters.

With nearly 30 years of IP experience and a doctorate in pharmacology, Ken represents biotechnology and pharmaceutical companies in a full range of patent law matters. He advises clients on inter-party matters such as due diligence, litigation, foreign oppositions and licensing. He also handles complex strategic patent prosecution in the U.S. Patent and Trademark Office, as well as supervising foreign prosecution.

Recognized as one of the nation’s leading intellectual property lawyers in the field of biotechnology and pharmaceutical patent law, Ken is a frequent speaker at biotechnology patent law conferences. He has been ranked highly by IAM Patent 1000—The World's Leading Patent Professionals guide for litigation, patent prosecution and licensing, as well as by Chambers USA and Legal 500.

Sanjay K. Murthy is a partner in the Intellectual Property practice in the Chicago office of Banner Witcoff and a nationally recognized trial attorney with over 20 years of experience representing life science and technology companies in US District Courts, before the Patent Trial and Appeal Board, and in Section 337 investigations in the US International Trade Commission (ITC).  He has been identified as a leading practitioner by IAM Patent 1000, The Legal 500 and as a “Patent Star” by Managing Intellectual Property. He has also been recognized by The American Lawyer and Crain’s Chicago Business for his victories.

Sanjay has worked on a wide array of life science related technologies, such as pharmaceuticals, methods for manufacturing recombinant proteins, CAR-T and stem cells, and medical devices.  He has represented a number of leading pharmaceutical and medical device companies, such as GSK, Galvani Bioelectronics, Takeda, Boehringer Ingelheim, and Baxter, among others.

Sanjay received an LLM in intellectual property law from The George Washington University Law School, a J.D. from California Western School of Law, where he was a dean’s full-tuition scholarship recipient, and a B.S., Biology with a minor in Chemistry from Loyola University.