Max H. YusemMax H.Yusem

Successfully represented Boehringer Ingelheim in connection with patent challenges relating to its proposed biosimilar version of Humira® under the Biologics Price Competition and Innovation Act (BPCIA), resulting in a favorable settlement.

Prevailed on behalf of AbCellera in various IPR challenges to its patents covering its proprietary microfluidic cell culture systems by its competitor Bruker. Max presented the winning oral arguments before both the PTAB and Federal Circuit, which upheld the validity of the patents. Max then was able to successfully represent AbCellera in asserting these patents in N.D. Cal. against Bruker, eventually obtaining a favorable settlement requiring Bruker to pay millions in upfront payments and an ongoing royalty.

Prevailed on behalf of bluebird bio by presenting the winning oral argument in D. Del., where the court agreed to hear early summary judgment during fact discovery and found bluebird’s innovative Zynteglo® and Lyfgenia® gene-therapy products for treating beta-thalassemia and sickle cell disease did not infringe the asserted patents. This victory required the successful coordination between ongoing PTAB proceedings and allegations in D. Mass. of various federal and state laws, where the Paul Hastings’ team was able to obtain a complete early dismissal at the preliminary pleadings stage.

Successfully represented Boehringer Ingelheim in a patent litigation involving various challengers to a compound patent covering its blockbuster Pradaxa® stroke medication, which resulted in walk-aways from six separate generics.

Successfully represented Otsuka in a high-stakes international matter across various forums, including New York State Court and an international arbitration, which involved the cannabidiol product Epidiolex® indicated for the treatment of seizures.

Prevailed in a challenge to a formulation patent in a district court litigation protecting Helsinn Healthcare’s Aloxi® antiemetic drug franchise brought by more than 20 generics in multiple courts.

Successfully represented Alkermes in a patent litigation involving its method of treatment patent covering Vivitrol®, the first and only extended-release naltrexone injectable for the treatment of alcohol and opioid dependence.

Represented Merck in connection with a generic challenge to Entereg® (alvimopan), an innovative treatment used for post-operative ileus, which resulted in the generic respecting the full term of the sole patent-in-suit.

Currently representing Kyowa Kirin in connection with its patent portfolio for Nourianz® (istradefylline), which is an adjunctive treatment for Parkinson’s disease.

Currently representing Boehringer Ingelheim in connection with its patent portfolio for Ofev® (nintedanib), which is a tyrosine kinase inhibitor approved for idiopathic pulmonary fibrosis, as well as various other lung diseases.