Brian Forsatz’s practice involves intellectual property, with a focus on Hatch-Waxman patent litigation and related regulatory, antitrust, and trade secret issues.
Brian has litigated patent cases involving numerous diverse products, such as Envarsus XR® (organ transplant treatment), 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 cases involving biological products, 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.
- Medytox, Inc.
- Mitsubishi Tanabe Pharma
- Takeda Pharmaceuticals USA, Inc.
- Veloxis Pharmaceuticals, Inc.
- 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.
- Representing Veloxis Pharmaceuticals in Hatch-Waxman action relating to its Envarsus XR® (tacrolimus) drug product.
- Representing Medytox in ITC investigation related to botulinum toxin products.
- Representing Jazz Pharmaceuticals in brand versus brand patent infringement and trade secret matters.
- Represented Takeda Pharmaceuticals in Hatch-Waxman actions relating to its Iclusig® (ponatinib) drug product. The actions settled favorably for Takeda, with the last settlement taking place in 2023.
- Represented Janssen Pharmaceutical and Mitsubishi Tanabe Pharma in a fourteen-defendant Hatch-Waxman litigation relating to Janssen’s Invokana/Invokamet/Invokamet XR drug products. These actions settled favorably for Janssen and MTPC, with the last settlement taking place in 2022.
- Represented Celgene Corporation in multiple Hatch-Waxman actions relating to its Pomalyst® (pomalidomide) drug product. The actions settled favorably for Celgene, with the last settlement taking place in 2022.
- Represented Jazz Pharmaceutics 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 2018.
- Fordham University School of Law
- 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, 2021-2023
- Ranked in Patexia ANDA Litigation Intelligence Report as one of the “Top Best Performing” and “Most Active” Attorneys, 2021-2023