Daniel Brown, a seasoned first-chair patent trial lawyer, represents pharmaceutical and life sciences companies in patent litigation and other existential disputes, as well as advising on complex cross-disciplinary strategy.
Daniel leverages his chemical engineering background and extensive pharmaceutical IP litigation experience to help clients navigate matters involving patent protection, Food and Drug Administration (FDA) regulation, antitrust and competition, inter partes reexamination proceedings, trade secrets, business and licensing transactions and disputes, due diligence, and investigations. He guides clients on:
Pharmaceutical and life sciences litigation, trials, and appeals
Hatch-Waxman Act cases
Complex matters involving simultaneous patent, antitrust, and FDA litigation
Patent litigation parallel with Patent Office re-issue, reexamination, and interference proceedings
Coordinated litigation proceedings in multiple countries, including strategizing with local counsel
He delivers strategy and counseling from a business-focused perspective, coordinating FDA, litigation, and commercial strategy. Daniel connects clients to resources across Latham’s integrated global platform to maximize value, particularly across the FDA Regulatory, Antitrust & Competition, and Government Contracts Practices.
Experience
In more than 25 years of experience, Daniel has litigated successfully more than 50 Hatch-Waxman patent cases that resulted in either favorable judgments after trial or in favorable settlements.
Daniel's litigations have involved many prominent pharmaceutical products, such as:
Bendeka ®
Ofirmev ®
Nascobal ®
Adrenalin ®
Treanda ®
Suboxone ®
Exelon Patch ®
Travatan ®, Travatan Z ®
Ultram ER ®
Keppra XR ®
Focalin XR ®
Eloxatin ®
Starlix ®
Ultracet ®
Loprox ®
Imitrex ®
Megace ®
Buspar ®
Wellbutrin SR ®
Zyban ®
Qualifications
Bar Qualification
District of Columbia
New York
US Patent and Trademark Office
Education
JD, University of Cincinnati College of Law, 1993 Order of the Coif
BS in Chemical Engineering, University of Houston, 1990
Latham's Intellectual Property Litigation Practice was honored for securing exceptional trial results this year, including a complete jury trial win for Sarepta Therapeutics and an ITC trial win for Netgear.
The Federal Circuit affirmed a Delaware federal judge's ruling that Hospira's generic version of Par Pharmaceutical's epinephrine emergency allergy product Adrenalin infringes two valid patents covering the drug.
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