Professional Experience
Brian Slater has over twenty years experience in all aspects of complex patent litigation from trial through appeal, including arguing before the Court of Appeals for the Federal Circuit. Mr. Slater has performed leading roles in litigating and trying patent cases in a wide variety of fields, including chemicals, medical devices, pharmaceuticals and biotechnology. Mr. Slater also has significant experience in intellectual property counseling, due diligence and transactions.
Mr. Slater is Chair of the firm's Business Development and Marketing Committee.
Mr. Slater is a frequent speaker in the U.S. and Europe on current developments in intellectual property law, and has authored articles in The National Law Journal, The Journal of Proprietary Rights, and Intellectual Asset Management.
Awards and Recognition
Mr. Slater is recognized as a leading lawyer in Patent Litigation: full coverage in Legal 500 2010. He is also listed in Legal Media Group Guide to the World's Leading Patent Law Practitioners 2007-2008 and 2009-2010.
Professional Activities
American Intellectual Property Law Association; New York Intellectual Property Law Association
Representative Matters
· AstraZeneca against Andrx, Eon and KV on patents relating to metoprolol succinate (Toprol XL®), a beta-blocker drug.
· Canon against GCC Int'l 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.
· Cytec Industries against Toray Industries on a patent relating to aircraft composites.
· Enzo Biochem against Amersham, PerkinElmer, Sigma-Aldrich, Molecular Probes, and Orchid on patents relating to labeled nucleotides.
· GlaxoSmithKline against Teva on a patent relating to lamotrigine (Lamictal®), a leading epilepsy drug, including successfully arguing a motion for summary judgment of no inequitable conduct.
· Hoffmann-La Roche against Organon in an ITC action on a patent relating to a kit for the amplification and detection of nucleic acids.
· Merck against Teva and Sandoz on a patent relating to caspofungin (Cancidas®), an antifungal drug.
· Novartis against Eon on a patent relating to formulations of cyclosporin (Neoral®), an organ transplant drug.
· Novartis against Ben Venue on a patent relating to pamidronate disodium
· Sanofi-Aventis against Barr, Mutual, Synthon and Watson on a patent relating to formulations of zolpidem (Ambien CR®), a sleeping aid.
· Sanofi-Aventis against Paddock Labs. on patents relating to formulations of ciclopirox (Loprox® Gel), an antifungal agent.
· S.C. Johnson against B.F. Goodrich on a patent relating to resin coatings.
· Warner Chilcott against Lupin on patents relating to Warner Chilcott's Femcon Fe® and Loestrin 24 Fe® oral contraceptive tablets.
· Yamanouchi against Danbury Pharmacal, which resulted in upholding at trial and on appeal the validity of Yamanouchi's patent on the anti-ulcer drug Pepcid®, and obtaining a precedent-setting award of attorney fees in Yamanouchi's favor.
Decisions
Representative Cases
Merck & Co., Inc. and Merck Sharp & Dohme Corp. v. Sandoz Inc.
D.N.J. 2012
Canon Inc v. GCC International Limited, et al.
Fed. Cir. 2007
Canon Inc. v. GCC International Limited, et al.
S.D.N.Y. 2006
SmithKline Beecham Corporation v. Teva Pharmaceuticals USA, Inc.
D.N.J. 2004
Yamanouchi Pharmaceutical Co., Ltd. v. Danbury Pharmacal, Inc.
Fed. Cir. 2000
Publications/Events
Publications
Patent reissue allows inventors to hedge their bets
The National Law Journal October 2011
Injunctions for patent infringement after the eBay decision
Intellectual Asset Management February 2007
Enablement in the Spotlight
The National Law Journal June 16, 2003
Events
ACI's 12th Annual Maximizing Pharmaceutical Patent Life Cycles Conference
American Conference Institute
October 3-5, 2011
5th Annual Conference on Corporate Intellectual Property in China 2010
LexisNexis
Fitzpatrick partners spoke at Shanghai IP conference
April 22-23, 2010
Recent Development in Parties' Obligations in a Hatch-Waxman Act Litigation
ACI's 10th Anniversary Maximizing Pharmaceutical Patent Life Cycles
October 7, 2009
The Impact of KSR On Pharma/Bio Patent Obviousness
C5 Pharma & Bio Patent Litigation
February 17-18, 2009
Recent US Case Law Developments Affecting Primary and Secondary Pharma Patents
C5's 7th Annual Pharma Patent Lifecycles Conference
June 27, 2008
8th Annual Maximizing Pharmaceutical Patent Life Cycles Conference
American Conference Institute
October 24, 2007
Recent Judicial Developments in U.S. Patent Law
C5 6th Annual Pharmaceutical Patent Lifecycles Conference
January 23, 2007
Hatch-Waxman Update: (I) Declaratory Judgment Actions, and (II) In re Petering
6th Annual Conference Maximizing Pharmaceutical Patent Life Cycles
October 18, 2005
Claim Construction of Pharmaceutical Patents
4th Annual Pharmaceutical Patent Life Cycle Conference
April 19, 2005
Exclusivity and FDA Barriers to Market Entry in the U.S.
EuroLegal Conference - 3rd Annual Pharmaceutical Patent Life Cycles
July 5-6th, 2004
Medicare Prescription Drug, Improvement, and Modernization Act of 2003
Law Seminars International program: Running the Race with Biotechnology
May 3-4, 2004
Changes in Patent Practice Brought About By the Medicare Prescription Drug, Improvement, and Modernization Act of 2003
Law Seminars International Program:Running the Race with Biotechnology
March 8-9, 2004
Strategies For Licensing Your Way Out of Trouble
American Conference Institute
November 11, 2003
Developments In Patent Law: Written Description and Best Mode
National Forum on Biotechnology and Pharmaceuticals Conference
April 8, 2003
Impact of the Decision to Waive Privilege in Litigation
New York Intellectual Property Law Association, Fall CLE Program
November 22, 2002