Sailesh K. Patel is a patent attorney and trial lawyer. He leads Schiff Hardin's ANDA/Biologics litigation team and focuses on intellectual property litigation with an emphasis in pharmaceutical and chemical patent litigation. Mr. Patel has extensive experience representing pharmaceutical companies in highly complex Hatch-Waxman patent litigation involving prescription pharmaceutical drugs and other matters in federal courts throughout the country.

Mr. Patel has served as lead counsel on numerous patent infringement litigation matters, including high-profile Hatch-Waxman pharmaceutical litigation matters. His experience extends from pre-litigation counseling up and through trial and appeal, including several successful trials through verdict in the past few years.

Mr. Patel is registered to practice before the United States Patent and Trademark Office and has a background in chemical and biomedical engineering. Mr. Patel prepares and prosecutes patent applications. He also has experience with trademark, copyright and franchise litigation.

He has worked with a variety of technologies ranging from:

• Pharmaceuticals
• Biologics
• Wind and Solar Technology
• Chemical processes and compositions
• Food processing
• Mechanical devices
• Medical devices
• Automotive components
• Manufacturing equipment
• Semiconductors
• Software
• Business methods

His practice includes counseling clients in the areas of patent and unfair competition law.

Experience

Mr. Patel's illustrative patent cases include (asterisk denotes client):

• Teva Women's Health, Inc. v. Lupin Ltd.*, et al. (D. NJ. 2009 - Present) (Seasonale^®, Seasonique^® and Loseasonique^®)
• Warner Chilcott Co. v.  Lupin Ltd.*, et al. (D. NJ. 2009 - 2010) (Femcon^® Fe and Loestrin^® 24Fe)
• Forest Laboratories v. Lupin Ltd.*, et al. (D. Del. 2008 - 2009) (memantine)
• Sepracor, Inc. v. Lupin Ltd.*, et al. (D. Del. 2008 - 2010) (eszopiclone)
• Sciele, Inc. v. Lupin Ltd.*, et al. (D. Del. and D. Maryland 2008 - 2011) (metformin HCl ER)
• Shire, plc v. Mylan, Inc.*, et al. (S.D.N.Y. 2009 - 2011) (Lanthanum Carbonate)
• Abbott v. Mylan, Inc.* (N.D. Ill. 2009 - 2011) (Lopinavir/Ritonavir)
• Int'l Printer Corp. v. Eastman Kodak Corp.*, et al. (E.D. Tex.  2007 - 2009) (Remote monitoring and controlling of image processing devices)
• Eastman Kodak Corp.* v. DR Systems, et al. (S.D. Cal. 2008 - Present) (Electronic imaging technology)
• Apotex* v. Pfizer (S.D.N.Y. and E.D. Mich. 2008) (quinapril)
• Astra Zeneca AB et al. v. Lek Pharmaceuticals d.d.*, et al. (S.D.N.Y. 2002 - 2008) (omeprazole)
• Irwin Industrial* v. Orosz (N.D. Ill. 2003 - 2005) (laser levels)
• Candle Corporation of America* v. Purdue University (S.D. Ind. 2004 - 2005) (vegetable based candles)
• Screiber Cheese* v. Saputo Cheese (N.D. Ill. 1999 - 2002) (imitation cheese)
• Crown, Cork and Seal v. CPT Technologies* (N.D. Ill. 2000 - 2001) (oxygen barrier polymer films)
• Heartstation v. J.L. Industries*, et al. (N.D. Ill. 2004 - 2006) (defibrillator cabinets)
• Spectrum Inc.* v. Aquatic Access (W.D. Ky. 2000 - 2001) (pool lifts for handicapped persons)

Publications

"Evergreening Biologics," (co-author) Journal of Generic Medicines (July 2011)

"There Is No Orange Book: The Coming Wave of Biological Therapeutics," (co-author) Oxford University Journal of Intellectual Property Law & Practice (2011)

"Microsoft, Therasense And Burdens Of Proof," (co-author) Law360 (February 17, 2011)

"Patent Marking: Is Forest Group a Solo or the Start of a Flood?" Spicy IP Blog (July 3, 2010)

"Northern Illinois' New Local Patent Rules," Law360 (November 6, 2009)

"Federal Circuit Review of Markman Issues (2002)," Litigation Committee, Intellectual Property Law Association of Chicago (IPLAC) (December 2003)

"Federal Circuit Review of Markman Issues (2001)," Litigation Committee, Intellectual Property Law Association of Chicago (IPLAC) (December 2002)

Speeches and Presentations

"Evaluating the Patentability Standards in the Pharmaceutical Industry to Mitigate the Risks Involved in Product Launches and Analyzing Freedom-to-Operate Issues," Pharma IPR Conference, Mumbai, India (February 1, 2012)

"A Glimpse of the Future – US Biosimilars Litigation Considerations," Biopractice.com webinar (December 15, 2011)

"Alleging and Defending Against Inequitable Conduct in a Paragraph IV Case: Legal and Ethical Considerations," Paragraph IV Disputes, American Conference Institute, New York, NY (May 4, 2011)

"IP Overview for Drugs and Biologics: Hatch-Waxman, BPCIA, Trade Dress, and More," Paragraph IV Disputes, American Conference Institute, New York, NY (May 2, 2011)

"The Scientist: Discussing the 'Invention' History With an Eye Towards Distinguishing the Innovative Nature of the Product and Proving Invalidity," Paragraph IV On Trial, American Conference Institute, New York, N.Y. (November 13, 2009)

"How and Why to Make Partner," Minority Corporate Counsel Association's Pathways to Diversity Conference, New York, NY (November 7, 2007)

"Emerging Trends: Recent Developments in Patent Law," (Panelist) North American South Asian Bar Association Convention, San Francisco (June 29, 2007)

"Supreme Court IP Review" (Panelist) Minority Corporate Counsel Association's Annual CLE Expo (March 22, 2007)

"Stem Cell Policy & Patents: Where Do We Stand?" Biotechnology Committee, Intellectual Property Law Association of Chicago (April 8, 2002)

Previous Experience

Prior to joining Schiff Hardin, Mr. Patel was an associate for a prominent IP law firm.

Awards and Honors

Illinois Rising Star — Intellectual Property, Illinois Super Lawyers

IP Star – Managing Intellectual Property Magazine

Leading Lawyer — Intellectual Property, Illinois Leading Lawyers Network