“[an] inimitable litigation strategist and regulatory expert.”
Intellectual Asset Management (IAM) Patent 1000
Overview
Innovator pharmaceutical and biotech companies have relied on Richard McCormick for over 20 years to represent them in a wide range of intellectual property matters, including litigations (Section 271 infringement cases and patent licensing disputes), UPSTO post-grant proceedings, pre-litigation assessments (biosimilar and ANDA preparedness), patent portfolio due diligence for IP in-licensing and M&A transactions, freedom to operate analyses and competitive landscaping, FDA regulatory issues (Orange Book listings and other compliance matters, marketing and data exclusivities, and citizen petitions), evaluating and drafting contracts implicating IP rights (patent licenses, manufacturing and development/collaboration agreements, tech transfer agreements and NDAs), strategies for extending loss of exclusivity for branded drug products, and working with patent prosecution counsel to build strong, product-centered IP portfolios.
Drawing from a wealth of knowledge cultivated as a PhD candidate in biochemistry and later as a research assistant in the Department of Molecular Biology at Princeton University and the Department of Pediatric Oncology at the Dana Farber Cancer Institute, Richard's knowledge base in the life sciences encompasses biochemistry, molecular and cellular biology, molecular genetics, protein chemistry, pharmacology, pharmaceutical formulation and controlled drug delivery, pharmaceutical solid-state chemistry, small-molecule drug discovery, RNA interference and antisense technology, immunoassay and molecular diagnostics, vaccines and gene therapies, the production and characterization of recombinant therapeutic proteins (with particular expertise in antibodies), and protein-protein (including antibody-antigen) interactions.
Experience
Representative District Court and PTAB Experience
Amgen Inc. v. Sanofi, U.S. Sup. Ct. (2023), amicus brief filed by Unified Patents in support of Respondents
RiceTec Inc v. BASF SE, PGR2021-00113 and -0114 (as Lead Counsel)
Astellas US LLC v. Imperial College Innovations Limited, IPR2020-00764 (as Lead Counsel)
Chugai Pharmaceutical Co., Ltd v. Alexion Pharmaceuticals, Inc., D. Del (2018)
Bristol-Myers Squibb Company v. EMD Serono, D. Del (2017)
Certain Human Milk Oligosaccharides and Methods of Producing the Same, ITC (2018)
Genzyme v. Genentech and City of Hope, C.D. Cal. (2015) and related Inter Partes Reviews
Sanofi-Aventis U.S. LLC and Regeneron Pharmaceuticals v. Genentech and City of Hope, C.D. Cal. (2015) and related Inter Partes Review (as Lead Counsel)
Washington Research Foundation v. Sanofi-Aventis U.S. LLC, W.D. Wash. (2015) and Fed. Cir. (2018)
Bristol‐Myers Squibb v. Genentech and City of Hope, C.D. Cal. (2013)
ViiV Healthcare v. Mylan Inc., D. Del. (2012)
Genentech Inc. v. Glaxo Group Ltd., GlaxoSmithKline and Human Genome Sciences, C.D. Cal. (2011)
Glaxo Group Ltd, GlaxoSmithKline and Lonza Biologics v. Genentech and City of Hope, C.D. Cal. (2010)
Biogen Idec, Inc. and Genentech v. GlaxoSmithKline et al., S.D. Cal. (2010)
Lectec Corp. v. Chattem Inc. et al., E.D. Tex. (2008)
LG Household & Health Care Ltd. et al. v. Warner Lambert Company LLC et al., D.N.J. (2007)
Lupin Limited v. Abbott Laboratories et al., E.D. Va. (2006)
Spectralytics, Inc. v. Cordis Corp., D. Minn. (2005)
Alza Corp. v. Impax Labs., Inc., N.D. Cal. (2003)
Alza Corp. v. Mylan Labs. and Mylan Pharms., N.D. W. Va. (2003) and Fed. Cir. (2005)
Alza Corp. and Janssen Pharmaceuticals v. Mylan Labs. et al., D. Vt. (2002) and Fed. Cir. (2004)
Nextec Applications v. Marmot Mountain, Ltd, S.D. Cal. (2001)
Pfizer Inc. and Alza Corp. v. Andrx Corp., S.D. Fla. (2001)
Polytek Development Corp. v. Smooth-On, Inc., E.D. Pa. (1999)
Glaxo Wellcome, Inc. v. Genentech, Inc., D. Del. (1999) and Fed Cir. (2001)
Representative Transactional Experience
IP due diligence for Gilead Sciences in its $405M acquisition of MiroBio to expand Gilead’s footprint in the immune inhibitory receptor agonist space to treat autoimmune and inflammatory diseases.
IP due diligence for Bristol-Myers Squibb as lead IP counsel in its $74B acquisition of Celgene, cementing BMS’s role as a leader in oncology immunotherapy and CAR-T therapy
Patent due diligence for a global biopharmaceutical company in a co-development and license option agreement with a machine learning company to design and develop HIV treatments
Patent due diligence for a global biopharmaceutical company in a license and collaboration agreement for co-developing a therapeutic vaccine for HIV
