Brian V. SlaterPartner
Brian V. Slater is a lead trial lawyer who represents pharmaceutical, biotechnology and other companies in high-stakes intellectual property disputes. Brian also counsels emerging companies on protecting, enforcing, licensing and monetizing their intellectual property.
Brian V. Slater is a Partner in the New York office of Haug Partners LLP. Brian is a first chair trial lawyer with over 25 years of experience litigating complex patent disputes. Brian has led trial teams to success in a variety of forums, including federal district courts and the Patent Trial and Appeal Board (PTAB), as well as in arbitration. Clients describe Brian as a “lead trial lawyer with a wealth of experience” and as a “great decision maker” who is “admired for his strategic nous and calm demeanor in pressurized litigation scenarios.” - (IAM Patent 1000).
Brian has served as lead litigation counsel for life sciences innovators in high value patent disputes, including Gilead, Merck, and Sanofi. Among his notable successes, he led the team that helped Forward Pharma secure a $1.25 billion settlement in its worldwide patent dispute with Biogen over rights to its Tecfidera® multiple sclerosis treatment.
Brian has extensive experience in Hatch-Waxman patent litigation against ANDA challengers, and has been described by clients as “brilliant on biosimilars.” (IAM Patent 1000 2014). His wide-ranging patent and trade secret litigation experience also includes cases involving biologics, medical devices, diagnostic kits, aircraft composites, toner cartridges, automotive parts, vending machines, and magazine cover coatings.
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.
- Represented Forward Pharma as lead counsel in a patent dispute with Biogen over rights to a multiple sclerosis treatment (Tecfidera) resulting in a $1.25 billion settlement in favor of Forward Pharma.
- Represented Merck as co-lead counsel in a bench trial (District of Delaware) versus Xellia Pharmaceuticals, procuring a judgment of infringement of a patent relating to caspofungin (Cancidas).
- Defended Gilead as lead counsel in an AAA arbitration relating to the hepatitis C drug sofosbuvir, prevailing on all issues (confirmed in district court).
- Represented 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).
- Co-lead counsel defending Sanofi in a patent litigation (Southern District of New York) brought by 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 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.
- Co-Author, "Has the Federal Circuit Just Put the Final Nail in the Coffin of Broad Functional Genus Claims?", Haug Partners, 1 July 2021, www.haugpartners.com/article/has-the-federal-circuit-just-put-the-final-nail-in-the-coffin-of-broad-functional-genus-claims/.
- Co-author, “Can Biopharma Functional Genus Patent Claims Be Resuscitated?” Haug Partners, 29 Apr. 2021, www.haugpartners.com/article/can-biopharma-functional-genus-patent-claims-be-resuscitated/.
- Co-author, “Are Biopharma Genus Patent Claims Dead?” Haug Partners, 8 Dec. 2020, www.haugpartners.com/article/are-biopharma-genus-patent-claims-dead/.
- 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
- 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.
- 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)
- University of Pennsylvania, LL.M.
- University of Strathclyde, LL.B. with First Class Honors
- 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
- New York Intellectual Property Law Association