Brian V. Slater
Brian V. Slater is a trial lawyer with over 25 years of IP experience, and co-chairs the Life Sciences practice at Pierce Bainbridge Beck Price & Hecht LLP. Brian has successfully led trial teams in high-stakes patent disputes for leading innovators including Gilead, Merck and Sanofi. 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). Most recently, Brian led Forward Pharma to a $1.25 billion settlement in its worldwide patent dispute with Biogen over rights to its Tecfidera multiple sclerosis treatment.
Brian has defended patents on multimillion-dollar drug products in Hatch-Waxman litigation, including antifungals, oral contraceptives, sleep drugs, epilepsy drugs, and anti-ulcer drugs. His wide-ranging patent and trade secret litigation experience also includes cases involving biologics, medical devices, diagnostic kits, aircraft composites, toner cartridges, vending machines, and magazine cover coatings. Brian has appeared before various district courts, the Patent Trial and Appeal Board, the Court of Appeals for the Federal Circuit, and in an arbitration before the AAA. Leveraging his courtroom-tested litigation experience, Brian also performs due diligence and counsels emerging and established companies on protecting, licensing and monetizing their IP assets.
Among the accolades Brian has received, he has been named a Patent Star by Managing Intellectual Property IP Stars (2014 – 2018) and a Star Life Sciences Lawyer by LMG Life Sciences (2012 – 2019). He is also a recommended practitioner for litigation in the IAM Patent 1000 (2016 – 2019) and has been recognized as a leading patent law practitioner by Euromoney Legal Media Guide (2005 – 2018). In addition, he has been recognized by Legal 500 (2010) and PLC Which Lawyer (2012), and has been ranked as a New York Super Lawyer since 2013.
Prior to joining Pierce Bainbridge, Brian served as Chair of Life Sciences at Kramer Levin Naftalis & Frankel LLP. Before that, he spent over 20 years at the Chambers Band 1-ranked New York IP boutique, Fitzpatrick, Cella, Harper & Scinto, where he served on the management committee. Brian graduated from the University of Pennsylvania Law School where he received a Thouron Scholarship.
Brian is a frequent speaker and author on IP topics particularly as they impact the life science industry. From 2012-2014, he co-authored the US chapter of “The Intellectual Property Review," which appears annually in the Law Business Review.
Domestic and International Arbitration
False Advertising and Unfair Competition
Representation of Forward Pharma, as lead counsel, in a worldwide patent dispute with Biogen over rights to its Tecfidera multiple sclerosis treatment, resulting in a settlement that included a $1.25 billion non-refundable payment to Forward Pharma.
Represented Merck, as co-lead counsel, in a bench trial in the District of Delaware against Xellia Pharmaceuticals, obtaining a judgment of infringement of a patent relating to caspofungin (Cancidas), a lifesaving anti-fungal drug.
Defended Gilead, as lead counsel, in an AAA arbitration involving multibillion-dollar claims by a former employee of its predecessor relating to the hepatitis C drug sofosbuvir. Gilead prevailed on all issues in an award that was confirmed in district court.
Represented Merck in patent litigation in the District of New Jersey against Teva and Sandoz, obtaining summary judgment of non-obviousness of a patent relating to caspofungin (Cancidas), a lifesaving antifungal drug.
Drafted amicus curiae brief for Biotechnology Industry Organization in support of petition for writ of certiorari to the United States Supreme Court in Baxter International Inc. v. Fresenius USA Inc.
Represented Sanofi, as lead counsel, in Hatch-Waxman patent litigation against Barr, Mutual, Synthon and Watson involving a patent relating to formulations of zolpidem (Ambien CR), a sleep aid, and served as lead counsel in a related inter partes re-examination, in which Sanofi prevailed.
Represented Sanofi, as co-lead counsel, in patent litigation with Regeneron against Genentech relating to fusion proteins for inhibiting angiogenesis. Based on a favorable settlement, Regeneron was able to launch its Eylea macular degeneration biologic.
Represented Yamanouchi in Hatch-Waxman patent litigation against Danbury Pharmacal that resulted in upholding at trial and on appeal the validity of Yamanouchi’s patent on the Pepcid anti-ulcer drug, and obtaining a precedent-setting award of attorney fees in Yamanouchi’s favor.
Represented Warner Chilcott in Hatch-Waxman patent litigation against Lupin and Watson in upholding the validity of a patent relating to Warner Chilcott’s Lo Loestrin Fe oral contraceptive tablets.
Represented Sanofi in Hatch-Waxman patent litigation against Paddock Labs involving patents relating to formulations of ciclopirox (Loprox Gel), an antifungal agent
Represented GlaxoSmithKline in Hatch-Waxman patent litigation against Teva on a patent relating to lamotrigine (Lamictal), a leading epilepsy drug, including successfully 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. Canon was subsequently granted a consent judgment and permanent injunction.
Represented Enzo Biochem in patent litigation against Amersham, PerkinElmer, Sigma-Aldrich, Molecular Probes and Orchid involving patents relating to labeled nucleotides.
Represented Hoffmann-La Roche against Organon in an ITC action on a patent relating to a kit for the amplification and detection of nucleic acids.
LL.M, University of Pennsylvania
LL.B., University of Strathclyde
Partner and Chair of Life Sciences
Kramer Levin Naftalis & Frankel LLP
Fitzpatrick, Cella, Harper & Scinto LLP
United States Supreme Court
United States Court of Appeals, Federal Circuit
United States District Court Eastern, District of New York
United States District Court Southern, District of New York
State Bar of New York
Moderator, “Best Practices In Patenting Precision Medicine,” at the Life Sciences Patent Network North America’s Spring Conference, April 25, 2019, Boston.
Moderator, “Life Sciences Patents Open Table: Solving In-House Counsel Challenges” at the Life Sciences Patent Network North America’s Protecting Innovation in a Changing Landscape Conference, Oct. 16, 2018, San Francisco.
Author, “Inter Partes Review is Here to Stay in Modified Form”, Kluwer Patent Blog, Aug. 9, 2018.
Moderator, “Pitfalls in Claim Drafting From a Litigator’s Perspective” at the Life Sciences Patent Network North America’s Protecting Innovation in a Changing Landscape Conference, April 26, 2018, Boston.
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.
Member, Law360 Life Sciences Editorial Advisory Board (2017)
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" at Life Sciences Patent Network North America’s Protecting Innovation in a Changing Landscape, June 1, 2017, Boston.
Chair, The Knowledge Group’s “Biosimilars Litigation Under the BPCIA: Latest Developments and Strategies in 2017” webcast, Feb. 14, 2017.
Speaker, "Timing is Everything: A Cheat Sheet for Managing the Logistics of the BPCIA Exchange Process” at ACI’s U.S. Biosimilars Summit, April 21, 2015, Munich, Germany.
Speaker, “Biosimilars: The Action Finally Starts,” Intellectual Property Owners Association (IPO) Webinar, January 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), January 23, 2014, New York.
Moderator, "Biosimilars War Games – Business and Regulatory Considerations" and "Biosimilars War Games – Preparation for Litigation", BIO IP Counsels Committee Conference, November 6-8, 2013, Washington D.C.
Co-author, US chapter of “The Intellectual Property Review," in the Law Business Review, 2012-14.
Speaker, ACI’s 12th Annual Maximizing Pharmaceutical Life Cycles Conference, held October 3-5, 2011.
Co-author, “Patent Reissue Allows Inventors to Hedge Their Bets," October 2011, The National Law Journal.