Our attorneys are ranked among the "Top Attorneys in ANDA Litigation" for 2024 according to Patexia. Patexia analyzed over 1,480 attorneys involved in 1,321 ANDA cases between July 1, 2019, and June 30, 2024. Dmitry Shelhoff ranked 3rd and Ken Canfield 12th among the attorneys analyzed.
We serve the pharmaceutical and biopharmaceutical industries' patent needs, including patent-related strategizing for ANDA products, Paragraph IV notice letters, and ANDA litigation. We combine technical knowledge with legal acumen and experience to help our clients pursue their goals in a cost-efficient manner.
We litigate primarily in the District Court of New Jersey, District Court of Delaware, District Court of the Southern District of New York, and United States Court of Appeals for the Federal Circuit.
Before filing an ANDA, the ANDA product must be developed. By involving us at that stage, we can provide strategic guidance with respect to Orange Book patents for which certification will later be required. Choosing a proper development and certification strategy can help reduce cost and effort later, potentially leading to faster ANDA approval.
Once the product is developed and the ANDA is filed with Paragraph IV certifications, it is time to prepare a notice letter for the Paragraph IV patents. This requires a deep understanding of both patent law and technology, which our team has. Dmitry Shelhoff has a Ph.D. in biochemistry and molecular biology, and Cathy Chin Eng has a degree in chemical engineering. From structural obviousness of chemical compounds to pharmaceutical formulations to methods of treatment, we have the technical knowledge to interpret the prior art and develop strong invalidity and non-infringement positions.
The question of infringement often depends on chemical and physical characteristics of the proposed ANDA product and its active pharmaceutical ingredient (API). We work with leading experts in their respective fields who have access to state-of-the-art instruments, such as XRPD (including synchrotron radiation), 13C/1H NMR, Raman, FTIR, TGA, and DSC, to characterize proposed ANDA products and active ingredients and develop non-infringement positions.
We litigate each case with our client's goals at the forefront. We expend our effort where it can have the greatest impact. Whether the target is a pretrial resolution or taking the case to trial and beyond, we represent our clients' interests faithfully.