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Melanie R. Rupert Partner, Litigation Department
New York T 1(212) 318-6846 F 1(212) 230-7846
Melanie R. Rupert is a partner in the Life Sciences practice of Paul Hastings and is based in the firm's New York office. Ms. Rupert’s practice focuses on patent litigation matters, with an emphasis on the biotechnology, pharmaceutical, and medical device industries.



Recent Representations

Significant recent representative matters include:

  • Served as trial counsel for Galderma Laboratories, Inc. and Supernus Pharmaceuticals, Inc. in a patent infringement case involving Oracea® (doxycycline), where the clients' longest-running patent was successfully upheld following a bench trial and on appeal (per curium)
  • Defended Covidien Inc., a leading medical device manufacturer, against claims of patent infringement related to its cuffed endotracheal tubes, including successfully opposing a preliminary injunction

Represented numerous pharmaceutical companies in defending their patents on multi-billion and multi-million dollar drug products, including:

  • Auxilium Pharmaceuticals, Inc. in a patent infringement case involving Testim® (testosterone), a transdermal gel treatment for hypogonadism
  • Eisai Inc. in a patent infringement case involving Targretin® (bexarotene), an oral treatment for cutaneous T-cell lymphoma
  • Amgen Inc. in a patent infringement case involving modified growth colony stimulating factor (“G-CSF”) in the treatment of neutropenia
  • Shire LLC and Supernus Pharmaceuticals, Inc. in a patent infringement case involving Intuniv® (extended-release guanfacine), a non-stimulant treatment for attention deficient hyperactivity disorder (ADHD)
  • Forest Laboratories, Inc. and Merz Pharmaceuticals GmbH in patent infringement cases involving Namenda® (memantine), a NMDA-antagonist used in the treatment of Alzheimer’s disease
  • Forest Laboratories, Inc. and H. Lundbeck A/S in patent infringement cases involving Lexapro® (escitalopram) and Celexa® (citalopram), SSRIs used in the treatment of depression and anxiety
  • Defended pharmaceutical companies in additional patent infringement litigations involving vasodilators used in myocardial imaging, psychotropic drugs used in the treatment of schizophrenia, extended release niacin used in the treatment of cholesterol disorders, and NSAIDs used in the treatment of arthritis


Accolades and Recognitions
  • Recognized as a “New York Metro Rising Star” in Intellectual Property Litigation in the 2013 edition of Super Lawyers
  • Listed in the 2011 edition of The Legal 500
  • Recipient of the Paul Hastings 2013 Paul Grossman Award for Excellence in training, mentoring, and guiding the professional development of associates


Professional and Community Involvement
  • Member of the Board of Directors of the Little Baby Face Foundation, a 501(c)(3) charitable organization that provides reconstructive surgeries by top surgeons to children in financial need who are born with congenital facial deformities
  • Past member of the New York Intellectual Property Association the New York City Bar Association, Patents Committee.
  • Member of the State Bar of New York, the United States District Courts for the Southern and Eastern Districts of New York, the Eastern District of Michigan, and the Eastern District of Wisconsin


Education
  • New York University School of Law, J.D., 2001 (Staff Editor of The Review of Law and Social Change)
  • Cornell University, B.S. in Biological Sciences, Concentration in Molecular & Cell Biology, 1998 (Howard Hughes Undergraduate Scholar)