- Super Lawyers, Rising Star, Intellectual Property Litigation (2014 – 2019)
- Law360, Rising Star List: Top Five Life Sciences Lawyers under 40 (2019)
- The Legal 500, Patents: Litigation (Full Coverage) (2019)
Robert is a formidable courtroom advocate, as well as an advisor to life sciences companies of all sizes as they prepare for product launch, anticipate generic/biosimilar competition and navigate all manner of business conflicts.
Regularly recognized for his accomplishments, Robert was named one of the nation’s top five life sciences lawyers under 40 by Law360 in 2019. He has also been recognized for patent litigation by The Legal 500 and as a rising star by Super Lawyers.
Robert's practice focuses on patent, trade secret and commercial disputes, as well as transactional matters related to intellectual property rights and IP portfolio analysis. He has worked for multinational companies in the tech, healthcare and life sciences industries, including UCB, Loxo Oncology (an Eli Lilly company), Pfizer, Novo Nordisk, Google and Abiomed, as well as numerous emerging and startup life sciences companies, such as AnaptysBio, Passage Bio, Prelude Therapeutics and Sutro Biopharma.
Robert routinely counsels clients on litigation threats surrounding product launches, generic or biosimilar challenges, failed collaborations, contractual breaches and trade secret misappropriation. He acts, and has acted, as counsel in litigations involving small molecules, biologics, medical devices and software in numerous district courts throughout the United States and before the Patent Trial and Appeal Board. He also counsels technology and medical device companies in “bet the company” litigations against commercial rivals.
Robert is dedicated to pro bono service. He has negotiated IP licenses and research grants on behalf of an international research foundation, and represented children seeking special education services.
Robert’s research, in connection with his M.S.E., involved laboratory work focused on the role of mechanotransduction pathways in promoting bone healing and growth.
- Lead counsel for UCB in Hatch-Waxman ANDA litigation, and related inter partes review proceedings before the U.S. Patent Trials & Appeal Board related to UCB’s Xyzal Allergy 24HR® allergy relief drug. Robert and the Fenwick team obtained a stipulation of infringement of Apotex, and then successfully defeated Apotex’s petition for inter partes review based on obviousness. The case is pending appeal.
- Lead counsel for AnaptysBio in a commercial dispute related to its relationship with Tesaro, and its parent GlaxoSmithKline, wherein AnaptysBio alleged that Tesaro/GSK had breached exclusivity obligations to AnaptysBio by pursuing development of a competing antibody. Robert and the Fenwick team won a Motion to Expedite trial to put early pressure on Tesaro/GSK and secure a favorable settlement.
- Co-lead counsel for Loxo Oncology, an Eli Lilly company, in a trade secret misappropriation and contractual dispute action related to allegations that former Array employees stole trade secrets on Loxo’s behalf. Array’s preliminary injunction motion was denied in full. After an appeal in the U.S. Court of Appeals for the Tenth Circuit, Array agreed to dismiss its claims.
- Trial counsel for UCB in Hatch-Waxman patent litigation in the U.S. District Court for the District of Delaware involving a product for the treatment of Parkinson’s disease, Neupro®. Successfully obtained a trial verdict of infringement under the doctrine of equivalents, a decision upheld by the U.S. Court of Appeals for the Federal Circuit.
- Counsel for Novo Nordisk in Hatch-Waxman ANDA litigations involving generic challenges to patents related to Novo Nordisk’s blockbuster Victoza® insulin product, including device patents related to injection pens.
Prior Firm Experience
Prior to joining Fenwick, Robert worked at a leading international law firm where he was a partner in the litigation group.
- Counsel to UCB in a declaratory judgment patent infringement action against a technology transfer company in the U.S. District Court for the Eastern District of Virginia. The litigation involved UCB’s biologic Cimzia®, an antibody approved for the treatment of Crohn's disease and rheumatoid arthritis, among other indications. Successfully obtained summary judgment of no infringement; a decision affirmed by the U.S. Court of Appeals for the Federal Circuit.
- Successful representation of Pfizer in a series of Hatch-Waxman patent infringement cases in the U.S. District Court for the District of Delaware against eight generic manufacturers. The actions involved the blockbuster pharmaceutical Lyrica®, indicated for treatment of seizures and pain. Trial wins on all asserted patents have been upheld by the U.S. Court of Appeals for the Federal Circuit and have guided enforcement strategies in other jurisdictions around the world.
- Euromoney, Impact Case of the Year Award for work representing Pfizer in case against Teva Pharmaceutical Industries Ltd. (2014)
- Gritstone Oncology
- Loxo Oncology
- Novo Nordisk
- Passage Bio
- Sutro Biopharma
Education & Admissions
J.D., University of Michigan Law School
M.S.E., Biomedical Engineering, University of Michigan
B.S.E., Biomedical Engineering, University of Michigan
Admitted to practice in New York
Admitted to practice before the U.S. Patent and Trademark Office, the U.S. District Courts for the Southern and Eastern Districts of New York, and the U.S. Court of Appeals for the Federal Circuit