Wanda D. French-Brown

Counsel

New York
T +1.212.589.4270
F +1.212.589.4201

Overview

An accomplished patent litigation attorney, Wanda French-Brown represents clients in a range of technologies, including pharmaceuticals, biotechnology and medical devices, with a concentration in Hatch-Waxman Abbreviated New Drug Application (ANDA)-based litigation. With a decade of experience working as a registered pharmacist in the healthcare and pharmaceutical fields, Wanda is well-versed in Food and Drug Administration guidelines created by the Hatch-Waxman and Biologics Price Competition and Innovation acts, which are crucial to the entry of generic and biosimilar pharmaceutical products. Wanda has experience counseling pharmaceutical clients about the scope and coverage of patents, new drug product exclusivity, and litigation strategies related to Paragraph IV certifications filed under the Hatch-Waxman Act. She is creative, analytical and able to focus on the overall picture in order to develop litigation strategies that align with her clients' business objectives.

Select Experience

  • Represented an American pharmaceutical company in a Hatch-Waxman ANDA patent litigation involving its Sprycel® brand kinase inhibitor products. The court adopted proposed constructions for all 15 terms in dispute. The case resulted in a favorable settlement for the client. Bristol Myers Squibb Co. v. Apotex (D.N.J.)
  • Represented an American pharmaceutical company in a patent infringement action involving pharmaceutical products for the treatment of hepatitis C virus infection. Obtained a claim construction ruling in favor of the client, which resulted in a win on summary judgment for infringement. Gilead Sciences Inc. v. Merck & Co. Inc. et al. (N.D. Cal.)
  • Represented a British pharmaceutical company in a patent infringement litigation involving its Paxil® brand antidepressant products, which resulted in a favorable settlement. GlaxoSmithKline v. Apotex (E.D. Pa.)
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Experience

  • Represented an American pharmaceutical company in a Hatch-Waxman ANDA patent litigation involving its Sprycel® brand kinase inhibitor products. The court adopted proposed constructions for all 15 terms in dispute. The case resulted in a favorable settlement for the client. Bristol Myers Squibb Co. v. Apotex (D.N.J.)
  • Represented an American pharmaceutical company in a patent infringement action involving pharmaceutical products for the treatment of hepatitis C virus infection. Obtained a claim construction ruling in favor of the client, which resulted in a win on summary judgment for infringement. Gilead Sciences Inc. v. Merck & Co. Inc. et al. (N.D. Cal.)
  • Represented a British pharmaceutical company in a patent infringement litigation involving its Paxil® brand antidepressant products, which resulted in a favorable settlement. GlaxoSmithKline v. Apotex (E.D. Pa.)
  • Represented a U.S.-based pharmaceutical company in a Hatch-Waxman ANDA patent litigation involving its Clarinex® brand antihistamine products and 21 generic defendants. Obtained consent judgments with injunctions against all defendants. In Re: Desloratadine Patent Litigation (D.N.J.)
  • Represented a British pharmaceutical company in a Hatch-Waxman ANDA patent litigation involving formulation patents covering its branded topical corticosteroid products.
  • Represented a Japanese pharmaceutical company in a Hatch-Waxman ANDA patent litigation involving formulation patents covering its branded cholesterol-lowering products. 
  • Represented a medical device manufacturer in defense of patent infringement involving fiber-optic intra-aortic balloon catheters and pumps. Developed a pretrial strategy that resulted in a favorable settlement agreement shortly after serving invalidity contentions and before the start of fact discovery. 
  • Represented a liquid water enhancer producer in inter parte review petitions before the United States Patent and Trademark Office while concurrently defending the client in a district court patent infringement action and a writ of mandamus appeal before the Federal Circuit. Kraft Food Groups LLC v. TC Heartland LLC (D. Del.)
  • Represented a leading multinational technology corporation in defense of patent infringement and obtained summary judgment of invalidity where, after an unfavorable reexamination decision on patent validity, all defendants except the client settled out of the case. Optimum Processing Solutions LLC v. Intel et al. (N.D. Ga.)
  • Represented a leading multinational technology corporation in a Section 337 proceeding before the U.S. International Trade Commission in a patent infringement action involving LTE technology, which resulted in a favorable settlement. In the Matter of Certain Wireless Communication Equipment and Articles Therein (ITC)
  • Represented a financial services company in defense of patent infringement involving its prepaid card products. Obtained a summary judgment of noninfringement and invalidity.

Recognitions and Memberships

Recognitions

  • New York Metro Super Lawyers "Rising Star" (2016, 2017)
  • National Black Lawyers: Top 40 Under 40 (2015)

Memberships

  • New York Intellectual Property Law Association
  • American Bar Association: Intellectual Property Section
  • New York City Bar Association
    • Minorities in the Profession Committee (2015 to 2016)
    • Diversity Pipeline Initiatives Committee (2013 to 2014)
  • New Jersey Intellectual Property Law Association
  • National LGBT Bar Association

Community

  • Seton Hall University School of Law: Adjunct Professor, Intellectual Property (2016)

Pro Bono

  • Served as lead trial counsel for plaintiffs seeking judgment and relief under the Fair Labor Standards Act and New York labor laws. Successfully argued against motions for summary judgment and obtained favorable settlements for all plaintiffs. Zu Guo Yang et al. v. Shanghai Café Inc. et al. (S.D.N.Y.)
  • Served as lead trial counsel for The Heart of Camden Inc. Successfully argued against motions for summary judgment and obtained a victory by preventing the placement of a methadone clinic in an urban community undergoing revitalization. The Heart of Camden Inc. v. South Jersey Port Corp. and Parkside Recovery (C.A. No.: L-1424-09, New Jersey)
  • Successfully argued and authored an appellate brief before the Second Circuit Court of Appeals in support of a plaintiff-appellant. Pettus v. Morgenthau, No. 07-0395-pr, 554 F. 3d 293 (2d Cir. 2009)

Industries

Admissions

  • U.S. Court of Appeals, Federal Circuit
  • U.S. District Court, District of New Jersey
  • New York
  • New Jersey

Education

  • J.D., Seton Hall University School of Law, magna cum laude, Intellectual Property Law Concentration, Impact Litigation (Appellate) Clinic
  • B.S., Pharmacy, Rutgers University, College of Pharmacy