Vera A. Nackovic

Patent disputes and investigations: Innovator pharmaceutical companies turn to Vera for help settling patent litigations, including those brought under the Hatch-Waxman and Public Health Services (biologics) Acts. Vera also defends clients in investigations brought by the Federal Trade Commission involving alleged “reverse payment” settlements. Further, Vera represents companies in IP licensing disputes and handles arbitrations from pre-case strategies through hearing, award and enforcement.

Lifecycle management: Vera develops global patent and lifecycle management strategies for prescription and OTC drugs, medical devices and biologics. She also renders opinions on freedom-to-operate, validity and patentability issues and works with clients to align their IP and regulatory strategies to maximize the value and exclusivity of their products.

Prior to joining Mayer Brown, Vera worked for the Honorable Kenneth Ripple of the United States Court of Appeals for the Seventh Circuit.

• A global pharmaceutical company in its acquisition of HIV and cancer therapies.
• A global pharmaceutical company in its potential acquisition of a COVID-19 therapy.
• A global pharmaceutical company in its co-development and license agreement for needleless injection technology.
• Gilead Sciences, Inc. in the €1.15 billion acquisition of MYR GmbH.
• A global pharmaceutical company in its over $500 million acquisition of a growing immunotherapy company.
• A global pharmaceutical company in the potential multi-billion dollar acquisition of a target pharmaceutical company.
• A global pharmaceutical company in its co-development and license agreement for a new immunotherapy valued at over $500 million.
• A global pharmaceutical company in its research and development and patent license agreements relating to a new cancer treatment valued at over $350 million.
• Mallinckrodt Pharmaceuticals in its $1.4 billion acquisition of Cadence Pharmaceuticals.

Represented:

• Syngenta Crop Protection AG in the intellectual property aspects of the purchase by its US affiliate, Syngenta Flowers, of the chrysanthemum and asters business of Yoder Brothers Inc.
• Solvay Pharmaceuticals in its acquisition of privately-owned Fournier Pharma.
• Solvay Pharmaceuticals in its acquisition by Abbott Laboratories.
• The largest of the Golden Harvest companies in the intellectual property aspects involved in the sale of a 90-percent interest in those companies to Syngenta for about $180 million.
• Nucryst Pharmaceuticals Corporation in the intellectual property aspects of its $45 million initial public offering.

Vera has also:

• Drafted license agreements and restructured the global royalty program for a $12 billion chemical manufacturing company.

Representative Litigation Experience

Won:

• A US arbitration for a global pharmaceutical company in a patent licensing dispute with the manufacturer of diagnostic technology. The arbitration resulted in a complete victory for the client after four days of hearing before three arbitrators.
• A favorable case-dispositive Markman ruling on behalf of GSK in a patent infringement suit involving the monoclonal antibody Arzerra® (Biogen Idec, Inc. and Genentech v. GlaxoSmithKline et al., S.D. Cal.)
• A consent judgment of patent validity and infringement for Solvay Pharmaceuticals’ subsidiaries in two consolidated patent cases brought under the Hatch-Waxman Act involving the first FDA approved transdermal gel product (Unimed Pharmaceuticals, Inc. et al. v. Watson Pharmaceuticals, Inc. and Paddock Laboratories, N.D. Ga.)

Represented:

• Galderma Laboratories in a Hatch-Waxman case relating to its topical metronidazole gel sold under the trade name MetroGel® (Galderma Labs. et al. v. Tolmar, Inc., N.D. Tx.)
• Solvay Pharmaceutical in a Hatch-Waxman case relating to its perindopril product sold under the trade name Aceon® (Solvay Pharmaceuticals, Inc., et al. v. Cobalt Pharmaceuticals, Inc., N.D. Ga.)
• Britesmile in a patent infringement litigation involving tooth whitening compositions (BriteSmile, Inc. v. Discus Dental, Inc., N.D. Ca.)
• A pharmaceutical client in an arbitration against its licensee relating to underpayment of licensing fees derived from patented biologics technology.
• Achieved a successful settlement for I.V. House in two patent actions involving medical devices (IV House, Inc. v. Shesol, E.D. Mo., and Shesol v. IV House, Inc., D. Colo.)

Vera has also:

• Achieved a successful settlement for DSM in a patent infringement and breach of contract action involving nine patents relating to coatings for optical fibers (Corning Incorporated v. DSM Desotech, Inc. (D. Del.) and DSM Desotech, Inc. v. Corning Incorporated (ND. IL))
• Obtained final written decisions upholding the patentability of over 75% of DSM's 225 challenged claims in 8 patents across 10 inter partes reviews at the PTAB.