Melanie R. RupertMelanie R.Rupert

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.

Managing IP

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