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Developments in Pharmaceutical and Biotech Patent Law 2018


Speaker(s): Daniel L. Reisner, David K. Barr, Jane M. Love, Ph.D., Margaret Bolce Brivanlou, Ph.D., Sanjay K. Murthy, Shilpi A. Banerjee, Ph.D., Stephen J. Elliott
Recorded on: Oct. 31, 2018
PLI Program #: 219406

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.


Jane M. Love, Ph.D. is a partner and Chair of the Life Sciences Practice of Gibson, Dunn & Crutcher.  Her practice spans four areas: patent litigation, U.S. Patent Office PTAB proceedings and appeals, strategic patent prosecution advice, and intellectual property diligence in transactions.

Dr. Love has extensive experience in pharmaceutical and biologics patent issues, including Abbreviated New Drug Application (ANDA) litigation, Biologics Price Competition and Innovation Act of 2009 (BPCIA) biosimilar litigation issues, and PTO Inter Partes Reviews under the America Invents Act (AIA).  Dr. Love has coordinated global litigation of patents worldwide.

Dr. Love is experienced in a wide array of life sciences areas such as pharmaceuticals, biologics, biosimilars, antibodies, immunotherapies, genetics, vaccines, protein therapies, blood factors, medical devices, diagnostics, gene therapies, RNA therapies, bioinformatics and nanotechnology.  She is a patent attorney registered to practice before the U.S. Patent and Trademark Office and has prosecuted hundreds of patent applications.

Dr. Love writes and speaks extensively on intellectual property issues.  She is consistently named an “IP Star” by Managing IP.  Dr. Love was named in Legal Media Group’s Expert Guides 2017 Guide to the World’s Leading Women in Business Law for Patents, a “Life Sciences Star” for Intellectual Property by LMG Life Sciences, and a “Life Sciences MVP” by Law360.  She was named one of the “Top 250 Women in IP” by Managing IP in its four most recent lists and was named one of the IP attorneys in the “Top 50 Under 45” list by IP Law & Business in 2008.

Before joining Gibson Dunn, Dr. Love was the Co-Vice Chair of the Intellectual Property Department of Wilmer Hale and associated with that firm in New York since 2001. 

For seven years before that, Dr. Love practiced in an IP boutique law firm in New York.

Dr. Love has a Ph.D. in molecular biology from the University of Pennsylvania.  She also obtained an undergraduate degree in Biology and a minor in English from U. Penn.

Dr. Love conducted post-doctoral research at the University of Pennsylvania and Thomas Jefferson Medical School in Philadelphia. 

She also worked for two years as a post-doctoral fellow at Cornell University Weill Medical College in New York City in molecular biology, pharmacology and cell and developmental biology. 

She served as a Captain in the U.S. Army Reserve Medical Service Corp from 1991 to 1997.

Dr. Love received a Juris Doctor from Fordham University School of Law. 


Peg Brivanlou is a Partner in King & Spalding’s Intellectual Property, Patent, Trademark and Copyright Litigation practice, specializing in patent prosecution, client counseling, due diligence and patent litigation.  Peg represents clients in the biotechnology and pharmaceutical industries, and investment funds in a variety of intellectual property matters.

With a focus on biologics and small molecule therapeutics, Peg counsels clients regarding immunotherapeutics, cell-based assays and therapies, genomics, bioinformatics, vaccines and small molecule pharmaceuticals. She is experienced in developing patent portfolios, particularly relating to biologics, antibody therapeutics and diagnostics. She also conducts patent invalidity, freedom-to-operate analyses and pre-litigation investigations, including for pre-Hatch-Waxman litigation, and strategizes post-grant proceedings.

In addition, Peg represents clients on the intellectual property aspects of a wide range of transactions, from technology transfer and out-licensing to multi-million-dollar asset purchases and financings. She conducts due diligence, and negotiates licensing and purchase agreements as well as disclosure documents in connection with public and private financings.

Peg is ranked in the 2019 IAM Patent 1000 Guide and is listed an IP Star in the 2018 and 2019 rankings of Managing Intellectual Property.


Sanjay K. Murthy is partner in the Intellectual Property practice in the Chicago office of Morgan Lewis.  He has 20 years of patent litigation experience representing leading life science and technology companies in U.S. District Courts, before the Patent Trial and Appeal Board, and in Section 337 investigations in the US International Trade Commission (ITC).

Sanjay has successfully tried cases involving blockbuster pharmaceutical products across the country on behalf of Fortune 500 companies.  In addition to his trial court experience, he has handled numerous matters before the US Courts of Appeals for the Federal and Ninth Circuits and the ITC.  In 2017, Sanjay was named as one of the "Most Influential Minority Lawyers in Chicago" by Crain’s Chicago Business.

Sanjay has worked on a wide array of life science related technologies, such as medical devices (e.g., dialysis machines, drug infusion pumps, and stent grafts), pharmaceuticals (e.g., ADVATE and INOMAX), methods for manufacturing recombinant proteins (e.g., Factor VIII and alpha-1 antitrypsin), and stem cells.  His has represented a number of leading pharmaceutical and medical device companies, such as Shire, GSK, 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.


Shilpi Banerjee serves as Associate General Counsel and Chief Intellectual Property Counsel of Memorial Sloan Kettering Cancer Center (MSK). Her practice includes oversight of patent prosecution, agreements related to the research enterprise at MSK, including sponsored laboratory research and clinical research, as well as transactional, licensing and litigation matters related to MSK intellectual property.

Prior to joining MSK in 2013, Shilpi served as Counsel and Chair, Research and Education Practice Group, of the Cleveland Clinic, where her practice included counseling the Clinic’s technology commercialization and corporate venturing arm, supervising and advising on intellectual property matters, negotiating patent licenses and other IP agreements, as well as executing agreements related to the research enterprise. Before that, Shilpi spent several years in private practice at Ropes and Gray LLP (formerly Fish & Neave), and at Sidley Austin LLP, where her practice focused on prosection of biotechnology and pharmaceutical patents, and biopharma patent litigation.

Shilpi received a J.D. from Stanford Law School and a Ph.D. from the Department of Microbiology and Molecular Biology at the Tufts University School of Medicine, and is licensed to practice before the USPTO.  Shilpi’s scientific experience prior to law school included stints as Research Associate at Case Western Reserve University, and as Research Fellow at Caltech.  Her graduate and postdoctoral research focused on molecular and developmental neurobiology.


Stephen J. Elliott is special counsel in the Firm’s Intellectual Property and Technology Group. His practice focuses on patents and intellectual property litigation.

Mr. Elliott has represented both plaintiffs and defendants in patent litigation covering a wide range of technologies, including pharmaceuticals, optics, electronics, software, medical devices, biotechnology and financial services. He has also represented defendants in individual and class-action antitrust litigation relating to patents. He has conducted appeals in the Second, Fifth and Federal Circuits.

He has extensive experience in Hatch-Waxman pharmaceutical patent litigation strategies, drafting settlement and license agreements, drafting patent clearance opinions, conducting intellectual property due diligence, and analyzing damages in patent and antitrust litigation. He has also advised clients on patent prosecution strategies, product lifecycle issues, and antitrust compliance.

Mr. Elliott is registered to practice before the United States Patent and Trademark Office.