Overview
Preston K. Ratliff II is the Chair of the Firm’s Litigation practice in New York. Mr. Ratliff focuses his practice on complex, high-stakes patent litigation with an emphasis on the biotechnology, pharmaceutical, chemical, agricultural, and renewable fuel sectors. He has successfully represented major and emerging companies both pre-trial and at trial. Mr. Ratliff has extensive experience counseling clients with respect to their IP portfolios and evaluating strategic licensing opportunities. In addition, Mr. Ratliff has been a frequent publisher in patent journals and has been an invited speaker at some of the most prestigious life sciences industry conferences.
Awards and Exemplary Representations
- IAM Patent 1000 ranks Mr. Ratliff as one the world’s leading patent professionals.
- In addition, IAM noted that he “has prevailed at trial for major companies in hard-fought battles”; as testament to his leadership qualities and outstanding legal dexterity, he assumed the chairmanship of the New York Litigation practice. Further, Mr. Ratliff is one of IAM Strategy 300’s “World’s Leading IP Strategists.”
- LMG Life Sciences Star. (2019)
- Managing Intellectual Property IP Stars. (2019)
- Topped Law360’s “Legal Lions” list for his Federal Circuit victory securing patent exclusivity against multiple defendants on Sunovion’s billion-dollar blockbuster schizophrenia and bipolar drug, Latuda®. (2018)
- Named a “Minority Powerbroker” by Law360. (2015)
- Law360 named Mr. Ratliff as one of its five “Rising Stars” for Intellectual Property. (2012)
Recognitions
- Chambers USA, Intellectual Property: Patent (2022)
Education
- American University Washington College of Law, J.D. (1999)
- Syracuse University, B.S. in Chemical Engineering and minor in German (1996)
Representations
- Sumitomo Dainippon Pharma et al. v. Emcure Pharmaceuticals et al.
Lead counsel that locked in full patent protection and revenues arising from Sumitomo Dainippon Pharma’s chemical compound patent for its billion-dollar-plus-per-year schizophrenia and bipolar drug, Latuda®. Specifically, Mr. Ratliff obtained a Federal Circuit decision that affirmed a district court’s November 2016 claim construction ruling and a February 2017 judgment of infringement against three generic drug manufacturers. Taken together, these dual victories secured patent protection for Latuda® while blocking more than a dozen generic drug manufacturers, including industry giant Teva Pharmaceuticals, from launching competing products. - Merck Sharp & Dohme Corp. v. Sandoz Inc. and Accord Healthcare, Inc.
Co-led a trial team that won an important trial victory for Merck concerning its pharmaceutical product Emend® for Injection, which is used in the prevention of nausea and vomiting associated with cancer chemotherapy. After a bench trial, the district court ruled that Merck’s patent was valid and infringed, defeating the challenge brought by several generic companies. Mr. Ratliff also co-led a team that convinced the Patent Office to deny Canadian pharmaceutical company Apotex’s petition for an IPR, challenging a patent protecting Merck’s Emend® for Injection franchise. Mr. Ratliff also convinced the PTAB to deny Apotex’s further request to rehear its IPR petition. - Sucampo Pharmaceuticals Inc. et al. v. Par Pharmaceuticals, Inc. et al.
Lead trial counsel for Sucampo in a Hatch-Waxman litigation protecting its leading medication Amitiza® for bowel disorders. In its suit against Par, Mr. Ratliff helped secure a settlement that provides Sucampo additional market exclusivity as well as a royalty bearing license. - Biovail International Laboratories v. Andrx Pharmaceuticals, LLC et al.
Co-led a trial team that secured a highly favorable settlement in a hotly-contested patent infringement litigation regarding the company’s top-selling drug product for managing blood pressure.
Involvement
- Intellectual Property Owners Association, Pharmaceutical & Biotechnology Issues Committee
- New Jersey Intellectual Property Law Association
- Metropolitan Black Bar Association
- Admitted to practice in various courts throughout the United States, including the United States Court of Appeals for the Federal Circuit
- Registered to practice before the United States Patent and Trademark Office