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Forsatz, Ph.D., Brian J.

Brian J. Forsatz, Ph.D.

Of Counsel
Direct Tel: +1 212-849-7516
New York
Tel: +1 212 849 7000 Fax: +1 212 849 7100

Brian Forsatz’s practice involves biotech and pharmaceutical intellectual property, with a focus on Hatch-Waxman patent litigation and related regulatory issues. 

Brian has litigated patent cases involving numerous diverse products, such as Iclusig® (cancer treatment), Revlimid® (cancer treatment), Pomalyst® (cancer treatment), Invokana®/Invokamet® (type II diabetes treatment), Omeprazole OTC (heartburn treatment), and Xyrem® (narcolepsy and cataplexy treatment).  He has also litigated patent cases involving antibodies, medical devices, and nanofluidic devices.

Prior to joining the firm, Brian worked for over a decade as a pharmaceutical research and development scientist.  During his pharmaceutical career, Brian conducted original research and was responsible for several research groups that focused on products for a variety of medical conditions, including:  asthma, allergies, cardiovascular, anti-inflammation, hematology, and oncology.

Brian’s practice also includes counsels clients regarding FDA issues, patent-portfolio evaluation and analysis, the patentability of inventions, and freedom-to-operate new technologies.

  • AbCellera Biologics, Inc.
  • Celgene Corporation
  • Janssen Pharmaceuticals, Inc.
  • Jazz Pharmaceuticals, Inc.
  • Mitsubishi Tanabe Pharma
  • Takeda Pharmaceuticals USA, Inc.
  • Representing Takeda Pharmaceuticals USA, Inc. in Hatch-Waxman action relating to its Iclusig® (ponatinib) drug product. 
  • Representing Janssen Pharmaceutical and Mitsubishi Tanabe Pharma in a fourteen-defendant Hatch-Waxman litigation relating to Janssen’s Invokana/Invokamet/Invokamet XR drug products, which are indicated for the treatment of diabetes.  All of the actions settled favorably for Janssen and MTPC.
  • Representing Celgene Corporation in multiple Hatch-Waxman actions relating to its Pomalyst® (pomalidomide) drug product. 
  • Representing Celgene Corporation in multiple Hatch-Waxman actions relating to its Revlimid® (lenalidomide) drug product.  The first-filer action settled favorably for Celgene in 2015.
  • Represented Jazz Pharmaceutics, Inc. in multiple Hatch-Waxman actions relating to its Xyrem® (sodium oxybate) drug product against nine generic drug companies.  All of the actions settled favorably for Jazz, with the last settlement taking place in October 2018. 
  • Fordham University School of Law
    (J.D., 2013)
  • Seton Hall University
    (Ph.D., Chemistry, 2007)
  • Rutgers University
    (B.S., Biochemistry, 1999)
  • The State Bar of New Jersey
  • The State Bar of New York
  • United States District Court:
    • District of New Jersey
    •  Southern District of New York
  • Named a Rising Star by Super Lawyers, 2021-2022
  • Ranked in Patexia ANDA Litigation Intelligence Report as one of the “Top Best Performing” and “Most Active” Attorneys, 2021-2022