OUR TEAM

Brian V. Slater

Partner

Brian V. Slater

Partner

Brian V. Slater is a lead trial lawyer who represents pharmaceutical, biotechnology and other technology innovators in high-stakes intellectual property disputes. Clients describe Brian as a “great decision maker” who is “admired for his strategic nous and calm demeanor in pressurized litigation scenarios.” (IAM Patent 1000).
Brian V. Slater is a lead trial lawyer who represents pharmaceutical, biotechnology and other technology innovators in high-stakes intellectual property disputes. Clients describe Brian as a “great decision maker” who is “admired for his strategic nous and calm demeanor in pressurized litigation scenarios.” (IAM Patent 1000).

OVERVIEW

Brian V. Slater, a partner in the New York office of Haug Partners LLP, is a first chair trial lawyer with over 25 years of experience litigating complex intellectual property disputes. Brian has appeared before the federal district courts, the International Trade Commission, the American Arbitration Association, the Patent Trial and Appeal Board, and the Court of Appeals for the Federal Circuit. His experience spans a variety of industries, including aerospace, biotechnology, chemicals, consumer products, diagnostic kits, medical devices, and pharmaceuticals.

Brian has particular experience as lead counsel in high-value Hatch-Waxman patent litigations against Abbreviated New Drug Application challengers. He also has litigated bet-the-company cases involving biologics, and has been described by clients as “brilliant on biosimilars.” (IAM Patent 1000). Leveraging his litigation experience and deep industry knowledge, Brian also counsels emerging and established life sciences companies on protecting, licensing and monetizing their IP assets.

Brian previously served as Chair of Life Sciences at Kramer Levin Naftalis & Frankel LLP. Before that, he spent over 20 years at Fitzpatrick, Cella, Harper & Scinto (now Venable LLP), where he served on the management committee and was Chair of the Due Diligence practice.

REPRESENTATIVE CASES

  • Lead counsel for Forward Pharma in a patent dispute with Biogen over rights to a multiple sclerosis treatment (TECFIDERA), which resulted in a $1.25 billion settlement in favor of client Forward Pharma.
  • Represented Merck as co-lead counsel in a Hatch-Waxman suit bench trial (District of Delaware) versus Xellia Pharmaceuticals, procuring a judgment of infringement of a patent relating to caspofungin (CANCIDAS).
  • Successfully defended Gilead as lead counsel in an AAA arbitration relating to the hepatitis C drug sofosbuvir, prevailing on all issues (confirmed in district court).
  • Co-lead counsel for Merck in Hatch-Waxman patent litigation (District of New Jersey) against Teva and Sandoz, obtaining summary judgment of non-obviousness of a patent relating to caspofungin (CANCIDAS).
  • Lead counsel representing Sanofi in Hatch-Waxman patent litigation (District of New Jersey) against Barr, Mutual, Synthon and Watson involving a patent on formulations of zolpidem (AMBIEN CR). Prevailed in inter partes reexamination.
  • Co-lead counsel defending Sanofi in a patent suit (Southern District of New York) against Genentech relating to fusion proteins for inhibiting angiogenesis, achieving a favorable settlement that allowed the launch of the EYLEA macular degeneration biologic.
  • Represented Yamanouchi in a bench trial (Southern District of New York) against Danbury Pharmacal, upholding the validity of Yamanouchi’s patent on its PEPCID anti-ulcer drug and achieving a precedent-setting award of attorneys fees.
  • Represented Warner Chilcott in Hatch-Waxman patent litigation (District of New Jersey) versus Lupin and Watson regarding a patent relating to oral contraceptive tablets (LO LOESTRIN FE).
  • Represented Warner Chilcott in Hatch-Waxman patent litigation against Barr Laboratories and Watson Pharmaceuticals on patents related to Warner Chilcott’s FEMCON FE, a chewable oral contraceptive.
  • Represented Sanofi in Hatch-Waxman patent litigation against Paddock Labs relating to formulations of ciclopirox (LOPROX GEL).
  • Represented GlaxoSmithKline in Hatch-Waxman patent litigation (District of New Jersey) against Teva on a patent relating to lamotrigine (LAMICTAL), obtaining summary judgment of no inequitable conduct.
  • Represented Canon against GCC International Ltd. in obtaining a preliminary injunction (and affirmance on appeal) in a patent litigation involving toner cartridges for laser printers.
  • Represented Enzo Biochem versus Amersham, PerkinElmer, Sigma-Aldrich, Molecular Probes and Orchid in patent litigation relating to labeled nucleotides.
  • Represented Hoffmann-La Roche against Organon in an International Trade Commission action on a patent relating to a kit for the amplification and detection of nucleic acids.
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PUBLICATIONS

  • Co-Author, “Has the Federal Circuit Just Put the Final Nail in the Coffin of Broad Functional Genus Claims?”, Haug Partners, 1 July 2021.
  • Co-author, “Can Biopharma Functional Genus Patent Claims Be Resuscitated?” Haug Partners, 29 Apr. 2021.
  • Co-author, “Are Biopharma Genus Patent Claims Dead?” Haug Partners, 8 Dec. 2020.
  • Author, “Inter Partes Review is Here to Stay in Modified Form”, Kluwer Patent Blog, Aug. 9, 2018.
  • Co-author, “Preserving Provisional Rights for Pre-Issuance Patent Damages” January/February 2018 issue of Landslide, published by the American Bar Association.
  • Author, “The Future of Inter Partes Review in the Balance,” Kluwer Patent Blog, Nov. 23, 2017.
  • Author, “Do American Indian Tribal Deals Shield Patent Owners from Inter Partes Review?” Kluwer Patent Blog, Nov. 1, 2017.
  • Co-author, US chapter of “The Intellectual Property Review,” in the Law Business Review, 2012-14.
  • Co-author, “Patent Reissue Allows Inventors to Hedge Their Bets,” October 2011, The National Law Journal.
  • Author, “Injunctions for patent infringement after the eBay decision,” IAM Magazine, Feb. 2007.
  • Co-author, “Enablement in the Spotlight,” law.com, June 26, 2003
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SPEAKING ENGAGEMENTS

  • Speaker, “Rapid Evolution in Innovation: Biologics,” Federal Circuit Bar Association Global Series webinar, November 10, 2020
  • Moderator, “Best Practices In Patenting Precision Medicine,” Life Sciences Patent Network North America’s Spring Conference, April 25, 2019, Boston.
  • Moderator, “Life Sciences Patents Open Table: Solving In-House Counsel Challenges,” Life Sciences Patent Network North America’s Protecting Innovation in a Changing Landscape Conference, Oct. 16, 2018, San Francisco.
  • Moderator, “Pitfalls in Claim Drafting From a Litigator’s Perspective,” Life Sciences Patent Network North America’s Protecting Innovation in a Changing Landscape Conference, April 26, 2018, Boston.
  • Speaker, Intellectual Property Owners Association’s webinar, “Who Will Dance Now? Biosimilars After Amgen v. Sandoz,” July 12, 2017.
  • Moderator, “Infringement of Method of Use Patents,” Life Sciences Patent Network North America’s Protecting Innovation in a Changing Landscape, June 1, 2017, Boston.
  • Chair, The Knowledge Group’s webinar “Biosimilars Litigation Under the BPCIA: Latest Developments and Strategies in 2017,” Feb. 14, 2017.
  • Speaker, “Timing is Everything: A Cheat Sheet for Managing the Logistics of the BPCIA Exchange Process,” ACI’s U.S. Biosimilars Summit, April 21, 2015, Munich, Germany.
  • Speaker, Intellectual Property Owners Association (IPO) Webinar, “Biosimilars: The Action Finally Starts,” Jan. 8, 2015.
  • Speaker, “Timing is Everything: Managing the Logistics of the BPCIA Exchange Process and Preparing for ‘Early’ and ‘Late’ Phase Litigation,” ACI’s 5th Annual Summit on Biosimilars, June 5-6, 2014, New York.
  • Speaker, “So You Think You Can Patent Dance?” the Biosimilars IP Counsel Exchange (by Momentum), Jan. 23, 2014, New York.
  • Moderator, “Biosimilars War Games – Business and Regulatory Considerations” and “Biosimilars War Games – Preparation for Litigation”, BIO IP Counsels Committee Conference, Nov. 6-8, 2013, Washington D.C.
  • Speaker, “The Combined Impact of Prior Art Obviousness and Obvious-Type Double Patenting on Pharmaceutical Patent Life Cycle Strategies,” ACI’s 12th Annual Maximizing Pharmaceutical Life Cycles Conference, Oct. 3-5, 2011, New York.
  • Speaker, “Recent Developments in Parties’ Obligations in Hatch-Waxman Act Litigation,” American Conference Institute, Oct. 7, 2009, New York.
  • Speaker, “U.S. Developments Affecting Pharmaceutical Patent Litigation,” C5 7th Conference on Pharma Patent Lifecycles, Jun. 26-27, 2008, London.
  • Speaker, “Declaratory Judgment Jurisdiction and Covenants Not To Sue in Hatch-Waxman Cases”, American Conference Institute, Oct. 24-25, 2007, New York.
  • Speaker, “Recent Judicial Developments in U.S. Patent Law”, C5 6th Conference on Pharma Patent Lifecycles, Jan. 22-23, 2008, London.
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AWARDS

  • Intellectual Asset Management (IAM) Patent 1000: The World’s Leading Patent Professionals, recognized for Litigation, New York (2016 – present)
  • Patent Star by Managing Intellectual Property (MIP) IP Stars (2014 – present)
  • Life Sciences Lawyer by LMG Life Sciences (2012 – present)
  • Leading patent law practitioner by Euromoney Legal Media Guide (2005 – present)
  • New York SuperLawyers® Metro Edition (2013 – present)
  • Recognized by Legal 500 (2010) and PLC Which Lawyer (2012)
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EDUCATION

  • University of Pennsylvania, LL.M.
  • University of Strathclyde, LL.B. with First Class Honors

BAR ADMISSIONS

  • New York
  • Southern District of New York
  • Eastern District of New York
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Supreme Court
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MEMBERSHIPS

  • New York Intellectual Property Law Association

CONTACT

LOCATION

New York City
745 Fifth Avenue, 10th Floor, 
New York, NY 10151
745 Fifth Avenue, 10th Floor, New York, NY 10151