Melanie R. Rupert

Represented AbbVie/Allergan in establishing infringement of three Botox®-related patents in a federal Delaware jury trial and obtaining $56 million in damages to date based on a 27% reasonable royalty, earning a “Litigator of the Week” runner-up distinction in The American Lawyer’s Litigation Daily (on appeal).
Represented Eisai and Merck as co-lead counsel in achieving a complete victory in a multibillion-dollar Hatch‑Waxman case in the District Court of New Jersey, and successfully defended a patent covering Eisai’s Lenvima® (lenvatinib) product, a blockbuster oncology drug used in combination with Keytruda®.
Represented Eisai as co-lead counsel in securing a win in a post-grant review proceeding before the PTAB that all claims of a third-party polymorph patent on Eisai’s own compound lemborexant were unpatentable as inherently anticipated. Melanie argued the appeal before the U.S. Court of Appeals for the Federal Circuit, which upheld the PTAB’s decision per curium in a Rule 36 decision.
AbbVie/Allergan in securing a precedent-setting appellate ruling in the nationally-watched, industry-tracked Federal Circuit decision in Allergan v. MSN Laboratories, which protects first‑filed, first‑issued patents from obviousness-type double patenting challenges, and reversed the District Court’s finding that patents protecting AbbVie’s Viberzi® drug product lacked written description support. This highly consequential decision earned Paul Hastings’ IP practice a “Litigator of the Week” runner-up distinction in The American Lawyer’s Litigation Daily and “Impact Case of the Year” at both Managing IP’s and LMG Life Science’s 2025 Americas Awards.
Presently represents Helsinn in five inter partes review challenges before the PTAB to its Akynzeo® product, an innovative treatment for chemotherapy-induced nausea and vomiting.
Represented Merck in securing a favorable settlement in a Hatch-Waxman case involving Entereg® (alvimopan), an innovative treatment for post-operative ileus. Following a favorable claim construction ruling, Teva stipulated that its proposed generic product would infringe the sole patent at issue and later agreed to settle the case with a consent judgment, reflecting a complete victory for Merck.
Represented Eisai in securing favorable settlements with all generic challengers in Hatch‑Waxman cases involving Banzel® (rufinamide), an innovative treatment for a rare and devastating form of childhood epilepsy.
Represented Teijin Pharma in securing favorable settlements with all 13 generic challengers in Hatch‑Waxman cases involving Uloric® (febuxostat), an innovative treatment for gout.
Represented Eisai in securing favorable settlements with all generic challengers in Hatch‑Waxman cases involving Belviq® (lorcaserin), an innovative treatment for weight loss.
Represented Covidien, including successfully opposing a preliminary injunction, against claims of patent infringement related to its cuffed endotracheal tubes.
Presently represents a number of branded pharmaceutical companies in pre-suit diligence in anticipation of patent challenges to their key products, which includes portfolio counseling and strategy.

Recognized, Intellectual Property: Patent, C
hambers USA
Recognized, Patent Litigation
IAM Patent 1000
Recognized, IP Star
Managing IP
Recognized
LMG Life Sciences
Recognized, Leading Practitioner for Life Sciences
Expert Guides: Women in Business Law
Shortlisted, “Most Inspirational Woman in IP,” Life Sciences Patent Network (LSPN)
Shortlisted, “Life Sciences Lawyer of the Year,” Women in Business Law Awards
Named, “Top 250 Women in IP,”
Managing Intellectual Property
Recipient, Paul Grossman Award in 2013, which is awarded to one Paul Hastings partner annually for excellence in training, mentoring and guiding the professional development of associates.

“Managing the Complexities of Hatch-Waxman Pharmaceutical Litigation” in “Behind the Minds: Recent Trends in Patent Infringement Lawsuits,” Author Book Chapter,
March 2014

Member
Board of Directors and pro bono counsel to 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.
Member
State Bar of New York, the U.S. Court of Appeals for the Federal Circuit, the U.S. District Courts for the Southern and Eastern Districts of New York, the Eastern District of Michigan and the Eastern District of Wisconsin.

"Tips and Tactics for Protecting Life Sciences Innovations in the Current Legal Climate," American Bar Association''s Landslide Webinar, Panelist
AUGUST 22, 2017
2016

Intellectual Property

Life Sciences & Healthcare

Melanie R. RupertMelanie R.Rupert

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hambers USA

IAM Patent 1000

Managing IP

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Expert Guides: Women in Business Law

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“Managing the Complexities of Hatch-Waxman Pharmaceutical Litigation” in “Behind the Minds: Recent Trends in Patent Infringement Lawsuits,” Author Book Chapter,

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