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Bresnick, Sandra A.

Sandra A. Bresnick

Partner

  Biography

Sandi Bresnick is a trial lawyer and Co-Chair of the Firm’s Global Life Sciences Practice and the Firm's Products Liability Practice.  She focuses her practice on patent infringement and product liability actions and has particular experience litigating pharmaceutical and medical device cases.

Sandi has been repeatedly recognized by publications such as Chambers Global, Chambers USA, Legal 500, and IAM Patent 1000.  Chambers, for example, has noted that Sandi “is an expert on the law concerning commercial life sciences... Sources remark on her ‘superior technical understanding.’”  IAM Patent 1000 has reported she “has a knack for strategically positioning patent cases for trial.  She also deftly handles product liability suits for life sciences entities, where her nuanced technical understanding proves a boon to clients.”  

Sandi has taught Pharmaceutical Patent Law at Rutgers University School of Law and is a member of the Board of Directors of The Progeria Research Foundation, a non-profit research organization dedicated to developing treatments and a cure for progeria.

  Representative Clients

  • Allergan
  • Forest Laboratories, LLC
  • Meda Pharmaceuticals, Inc.
  • Merck & Co., Inc.
  • Pfizer, Inc.

  Notable Representations

NOTABLE RESULTS

  • Obtained 8-figure settlement for medical device client after obtaining jury verdict of patent infringement and validity.
  • Obtained summary judgment for innovator pharmaceutical client dismissing defenses of inequitable conduct, anticipation, and noninfringement in multi-defendant Hatch-Waxman litigation.
  • Obtained multi-million dollar settlement and permanent injunction for innovator pharmaceutical company in multi-defendant patent litigation immediately before trial.
  • Obtained preliminary injunction for innovator pharmaceutical company in multi-defendant patent litigation.
  • Defeated summary judgment of obviousness and summary judgment of lack of enablement in multi-defendant pharmaceutical patent litigations.

NOTABLE REPRESENTATIONS

  • Represents Forest Laboratories in products liability actions in which plaintiffs allege they ingested pharmaceutical products sold by Forest during pregnancy and that their doing so allegedly caused birth defects in their children.   
  • Represented Colgate-Palmolive Company in cases in which plaintiffs claimed they developed mesothelioma by using body talcum powder products formerly manufactured and sold by Colgate. Quinn Emanuel took over the defense of two bellwether cases that were set for trial. We have obtained dismissals and summary judgments in many cases venued throughout the country. No monies have been expended in settlement. 
  • Lead trial counsel for patentee Ethicon Endo-Surgery in patent infringement litigations involving surgical breast biopsy systems.
  • Lead trial counsel for Ortho-McNeil Pharmaceutical, Inc., Ortho-McNeil Neurologics, Inc. and Janssen Ortho LLC in Hatch-Waxman litigation involving Axert®.
  • Lead trial counsel for MedPointe Healthcare, Inc. in multi-defendant patent infringement litigations involving MedPointe's Tussi-12D® products.
  • Trial counsel for ArthroCare Corp. in patent infringement litigation involving medical devices for spine surgery.
  • Trial and appellate counsel for Schering Corp. in multi-defendant ANDA litigations involving Schering's Claritin®, Claritin D®-12 and Claritin D®-24 brand antihistamine products.
  • Trial counsel for BioChem Pharma in patent infringement litigation involving Epivir® brand HIV therapy.
  • Trial counsel for defendants Solaray, Inc. and Neutraceuticals, Inc. in patent infringement suit involving defendants' IP-6® brand nutritional supplement.
  • Trial counsel for Hoechst-Marion Roussel in multi-defendant ANDA litigations involving Hoechst's Seldane® brand antihistamine.
  • Trial and appellate counsel for Tanabe Seiyaku Ltd. and Marion Merrell Dow, Inc. in patent infringement litigation in the U.S. Int'l Trade Comm'n involving Cardizem® brand diltiazem.

  Practice Areas

  Education

  • Boston University School Of Law
    (J.D., 1992)

  • Cornell University
    (A.B., with honors, Chemistry, 1986)

  Admissions

The State Bar of New York; The State Bar of Massachusetts; United States Court of Appeals: Federal Circuit; United States District Courts: Southern District of New York, Eastern District of New York, District of Massachusetts, Northern District of California; Registered to Practice Before the United States Patent & Trademark Office

  Prior Associations

  • Sidley Austin LLP:
    • Partner, 2006-2010

  • Weil Gotshal & Manges, LLP:
    • Partner, 2003-2006

  • Kirkland & Ellis, LLP:
    • Partner, 1998-2003
    • Associate, 1997-1998

  • Pennie & Edmonds:
    • Associate, 1992-1997

Publications and Lectures

  • Co-Chair, Medical Device Patents:  American Conference Institute, March 24-26, 2014 (Chicago)
  • Panelist, "Local Patent Rules In Paragraph IV Disputes," American Conference Institute, October 3, 2013 (Chicago)
  • Co-Chair, Medical Device Patents:  American Conference Institute, March 5-6, 2013 (Chicago)
  • Moderator, Judges' Round Table, Paragraph IV Disputes (West Coast), American Conference Institute, December 4, 2012 (San Francisco)
  • Panelist, "Employing Strategies to Avoid Findings of Obviousness: Legal Analysis and Practical Applications for Brand Names and Generics," Maximizing Pharmaceutical Patent Life Cycles, American Conference Institute, October 10, 2012
  • Panelist, "Reassessing Paragraph IV Strategies for Method of Treatment Patents," Paragraph IV Disputes, American Conference Institute, April 25, 2012
  • Co-Chair, Medical Device Patents:  Comprehensive and Practical Prosecution and Litigation Strategies for an Evolving IP Landscape, American Conference Institute, February 28-29, 2012
  • Chair, "The Pharma Industry Forum" at Rutgers Law School, a day-long forum of round-table discussions with federal judges, U.S. and EU regulators, and leading members of the pharmaceutical industry, May 15, 2009
  • "Negotiating And Settling Hatch-Waxman Litigation," Master Class, American Conference Institute, Paragraph IV Litigations, May 2008
  • "Paragraph IV Disputes: Litigating With Multiple ANDA Filers," American Conference Institute, Paragraph IV Litigations, April 2008
  • Moderator, Second Annual Forum at Rutgers Univ. School of Law, "Perspectives From The Pharmaceutical Industry," with panelists from Schering-Plough Corp., Pfizer, Inc., Forest Laboratories, and Taro Pharmaceuticals, Nov. 2007
  • "Eye On The CAFC And District Courts: New Trends, Challenges And Developments In ANDA/Paragraph IV Litigation," 8th Annual ACI Conference, Maximizing Pharmaceutical Patent Life Cycles, Oct. 24-25, 2007
  • "Litigating With Multiple ANDA Filers," ACI Conference, Paragraph IV Disputes, April 23- 24, 2007
  • Co-Chair of ACI Conference, "Pharma/Biotech Industry Forum On Patent Portfolio Management," and presentation, "Recent Inequitable Conduct Decisions," February 27-28, 2007
  • Moderator: "Perspectives From The Pharmaceutical Industry," panelists from Bristol-Myers Squibb, Taro Pharmaceuticals, MedPointe Pharmaceuticals, and Hoffmann-La Roche at Rutgers University School of Law, November 2006
  • "From Patent Portfolio Management to Patent Life Cycles: Strategies For A Post-MMA World," 7th Annual ACI Conference, Maximizing Pharmaceutical Patent Life Cycles, Oct. 23-24, 2006
  • "From Product Development To Patent Portfolio Management To Patent Life Cycles: Strategies for a Post-MMA World," Panel Moderator, ACI Conference, Maximizing Pharmaceutical Patent Life Cycles, Oct. 2006
  • "Lessons From The Front Line: IP Strategies For Drug And Medical Device Companies," 2006
  • "180-Day Exclusivity After Hatch-Waxman Reform," ACI Conference, Maximizing Pharmaceutical Patent Life Cycles, 2005
  • "Claim Construction After Phillips," 5th ACI Advanced Forum on Biotech Patents, New York, Sept. 2005
  • "Patents As Competitive Tools In The Media Industries," Media Company Presentation, 2005
  • "Claim Construction Issues For Biotechnology Patents," ACI Advanced Forum on Biotech Patents, San Francisco 2004
  • "Claim Construction Trends In Biotechnology," ACI Advanced Forum on Biotech Patents, Boston 2004
  • "Pharmaceutical Patent Litigation, Advanced Developments," Forum for Pharmaceutical Company, 2004
  • "Patents As Competitive Tools In The Financial Services Industry," PLI Forum, New York, 2004
  • "Claim Construction Trends and Their Effects on Corporate Patent Strategy," ACI Forum on Pharmaceutical Patent Life Cycles, 2002
  • "Advanced Developments In ANDA Litigation," Forum for Pharmaceutical Company, 2002
  • "Recent Developments In ANDA Litigation," Pharmaceutical Industry Litigation Lawyers (PILLS) Seminars, 2002, 2000
  • "Patent And Intellectual Property Strategies For Investment Banks," invited lectures at various investment banks, 1999-2001
  • "The Basics Of Copyright Infringement Litigation," PLI Seminar, 2001
  • "Patents And The Internet: Meeting The Challenge," Seminar for Multimedia Company, 2000
  • "The American Inventors Protection Act," Seminar for Pharmaceutical Company, 2000
  • "Risks And Opportunities Presented By State Street Bank," Seminar for Investment Bank, 2000
  • "Patent And Intellectual Property Strategies For Investment Banks," invited lectures at various investment banks, 1999-2001
  • "A State of the Art Analysis of Developments in Patent Law," Metropolitan Corporate Counsel (September 2005)
  • Co-author, "The Right to a Jury Trial in Actions under the Hatch-Waxman Act," Food, Drug & Cosm. L.J., 52(3):259-76 (1997); reprinted in 79 J. Pat. & Trademark Office Soc'y 765 (1997)
  • Co-author, "Are Clinical Trials Conducted to Obtain FDA Approval Fatal to Patent Validity," 5 Metropolitan Corporate Counsel, 14 (1997)
  • Co-author, "Simultaneous Flow Cytometric Measurements of Cytoplasmic Ca2+ and Membrane Potential Changes Upon FMLP Exposure as HL60 Cells Mature into Granulocytes: Using (Ca2+)in as an Indicator of Granulocyte Maturity" (Co-Author), J. Leukocyte Biol. 47:265-274, 1990
  • Speaker, "1,8 - Anilinonaphthalene Sulfonic Acid: A Fluorescent Probe of Platelet Activation," Federation of American Societies of Experimental Biology (FASEB), Las Vegas, 1988

Professional Activities

  • Rutgers Law School:
    • Adjunct Professor, Pharmaceutical Patent Law, 2006-Present
  • Progeria Research Foundation:
    • Board Member, 2000-Present