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Chalson, Andrew S.

Andrew S. Chalson

Partner

andrewchalson@quinnemanuel.com
Direct Tel: +1 212-849-7112
New York
Tel: +1 212 849 7000 Fax: +1 212 849 7100

Andrew Chalson’s practice involves intellectual property, with a focus on Hatch-Waxman patent litigation and related regulatory and antitrust issues on behalf of innovator pharmaceutical companies. 

Andrew has litigated patent cases involving numerous diverse products, such as Revlimid® (cancer treatment), Abraxane® (cancer treatment), Pomalyst® (cancer treatment), Nuedexta® (pseudobulbar affect treatment), Istodax® (cancer treatment), Thalomid® (cancer and leprosy treatment), Xyrem® (narcolepsy and cataplexy treatment), Skelaxin® (muscle relaxant), Avinza® (pain reliever), Altace® (ACE inhibitor), Namenda® (Alzheimer’s treatment), Ritalin® (ADHD treatment), Focalin® (ADHD treatment), Adderall® (ADHD treatment), Clobex® (eczema and psoriasis treatment), and Neurontin® (postherpetic neuralgia and epilepsy treatment).  He has also litigated patent cases involving medical devices and industrial packaging materials.

Andrew’s practice also includes post-grant patent review proceedings at the U.S. Patent and Trademark Office, including Covered Business Methods and Inter Partes Reviews.  He also has experience with similar post-grant proceedings before numerous international patent offices.

In addition to litigation, Andrew counsels clients regarding FDA issues, patent-portfolio evaluation and analysis, the patentability of inventions, the validity of patents, freedom-to-operate new technologies, licensing strategies, and the negotiation and preparation of agreements.

In 2016, Law360 named Andrew one of the top Life Sciences lawyers under 40.

  • Avanir Pharmaceuticals, Inc.
  • Celgene Corporation
  • Gilead Sciences
  • Jazz Pharmaceuticals, Inc.
  • King Pharmaceuticals, Inc.
  • Vivus, Inc.
  • Represented Celgene Corporation in Hatch-Waxman actions relating to its Revlimid® (lenalidomide) drug product.  The first-filer action settled favorably for Celgene in 2015.  Six additional actions are currently pending.
  • Representing Celgene Corporation in multiple Hatch-Waxman actions relating to its Pomalyst® (pomalidomide) drug product.  These actions are currently pending.
  • Representing Celgene Corporation in multiple Hatch-Waxman actions relating to its Abraxane® (paclitaxel formulated as albumin-bound nanoparticles) drug product.  The first-filer action settled favorably for Celgene in 2017.  One additional action remains pending.
  • Represented Jazz Pharmaceuticals, Inc. in six Hatch-Waxman actions relating to its Xyrem® (sodium oxybate) drug product.  The first-filer action settled favorably in 2017, and the remainder favorably settled thereafter.
  • Represented Celgene Corporation in Inter Partes Reviews (“IPR”) challenging patents covering the active ingredient in and methods of using Celgene’s Revlimid® (lenalidomide) drug product.  Successfully convinced the USPTO to deny institution of six such IPRs from 2015 through 2019.
  • Represented Celgene Corporation in IPRs challenging patents covering Celgene’s Abraxane® (lenalidomide) drug product.  Successfully convinced the USPTO to deny institution of six such IPRs in 2017.
  • Represented Celgene Corporation in three Hatch-Waxman actions relating to its Istodax® (romidepsin) drug product.  These actions settled favorably for Celgene in 2015 and 2016.
  • Represented Gilead Sciences an antitrust action brought by a generic company seeking to force Gilead to provide samples of its drug product for use in bioequivalence studies.  In 2015, the District of Minnesota granted Gilead’s motion to dismiss all claims against Gilead.
  • Representing Vivus, Inc. in a Hatch-Waxman action relating to its Qsymia® (phentermine and topiramate-extended release) drug product.  This action is currently pending.
  • Represented Gilead Sciences in Hatch-Waxman actions relating to its Letairis® (ambrisentan) drug product.  These actions settled favorably in 2017.
  • Represented Jazz Pharmaceuticals in connection with six Covered Business Method patent reviews.  In the first decisions of their kind, successfully convinced the USPTO to deny institution of all six proceedings.
  • Represented Avanir Pharmaceuticals, Inc. in multiple Hatch-Waxman actions relating to its Nuedexta® (quinidine/dextromethorphan) drug product.  Obtained trial victory in favor of Avanir, finding infringement and upholding the validity of Avanir’s patents for twelve years through 2026.  This victory was upheld by the Federal Circuit in 2015.
  • Represented King Pharmaceuticals, Inc. in a Hatch-Waxman action related to its Avinza® (morphine sulfate) drug product.  After trial, the case settled favorably for King.
  • Represented Celgene Corporation in a Hatch-Waxman action related to its Thalomid® (thalidomide) drug product.  After three years of litigation, the generic filer withdrew its ANDA and its counterclaims were dismissed with prejudice.
  • Represented Shire plc in a series of Hatch-Waxman actions relating to its Adderall XR® (amphetamine/dextroamphetamine) drug product.  The cases settled favorably for Shire.
  • Georgetown University
    (J.D., cum laude, 2005)
  • Duke University
    (B.A., magna cum laude, Biological Anthropology and Anatomy, 2002)
The State Bar of New York; United States Court of Appeals: Federal Circuit; United States District Courts: Southern District of New York; Eastern District of New York
  • Jones Day:
    • Associate, 2007 – 2012
  • Frommer Lawrence & Haug LLP:
    • Associate, 2005-2007
  • Law360, Rising Star: Life Science, 2016