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Natalie Derzko is of counsel practicing in the areas of intellectual property, strategic counseling, due diligence, patent prosecution, patent litigation, intellectual property policy and law reform. She procures patents and counsels clients on patent matters in a range of technology areas, including pharmaceuticals, biotechnology, nutritional supplements, food technology, and industrial and consumer chemicals. She also counsels clients regarding Bayh-Dole issues and regulatory issues arising under the Hatch-Waxman legislation. Dr. Derzko earned a doctorate from Columbia in which her thesis focused on Hatch-Waxman issues.
She has written and spoken to various audiences on general and specific patent matters and has previously taught “Legal Aspects of Biotechnology” at Johns Hopkins University.
- Leading role in providing transactional and due diligence patent advice to a pharmaceutical company in its acquisition of certain animal health assets.
- Developing scientific case strategy for a Hatch-Waxman patent litigation matter.
- Leading role on an extensive patent due diligence project for a pharmaceutical company that acquired an oncology pharmaceutical product line.
- Expert witness in Hatch-Waxman case on Orange Book patent listing and patent term extension issues and general advice to varied pharmaceutical companies in these areas.
- Strategic patent advice and assistance on various pre-litigation assessments and litigation matters in the pharmaceutical and biotechnology areas.
- Patent policy analysis, advice and advocacy in the Bayh-Dole, Hatch-Waxman and follow-on-biologics areas.
- Bayh-Dole advice to varied life sciences companies relating to subject inventions and domestic manufacturing issues.
- Strategic patent prosecution advice and representation of various life sciences companies before the U.S. Patent and Trademark Office.
- Patent due diligence projects pertaining to financings of emerging biotechnology companies.
- Advice to pharmaceutical companies regarding Bayh-Dole Act and regarding negotiating a CRADA relationship with the NIH.
Pro Bono
- Advice to an educational foundation on intellectual property ownership and Bayh-Dole related issues.
Fed. Circ. Reins In Reach Of Double-Patenting Doctrine
December 14, 2018, Law360
Brianne Bharkhda and Natalie Derzko are quoted in Law360 regarding two Federal Circuit decisions that have cleared up lingering questions about patents can be invalidated under the double-patenting doctrine and identified situations where it does not apply. Ms. Bharkhda says, "I would characterize the two decisions as further defining the contours of the ...
December 10, 2018, Covington Alert
On December 7, 2018, the Federal Circuit issued two highly-anticipated decisions clarifying the application of the obviousness-type double patenting doctrine: Novartis AG v. Ezra Ventures LLC (patent term extension ("PTE")), and Novartis Pharmaceuticals Corp. v. Breckenridge Pharmaceutical Inc. (pre-Uruguay Round Agreements Act ("URAA") versus post-URAA ...
June 20, 2018
NEW YORK—Covington advised Boston Children's Hospital in its monetization of a portion of its royalties relating to Vonvendi, a recombinant drug used to treat a common bleeding disorder called von Willebrand disease. The purchaser, Barings Alternative Investments, part of Barings LLC, on behalf of institutional investors, paid $51.5 million. Boston Children’s ...
Covington Represents Underwriters in Cidara IPO
April 20, 2015
NEW YORK — Covington advised the underwriters in the $76.8 million initial public offering of common stock of Cidara Therapeutics, Inc. Shares of Cidara trade on the NASDAQ Global Market under the ticker “CDTX.” Cidara is a biopharmaceutical company focused on the discovery, development and commercialization of anti-infectives for treatment of diseases ...
June 13, 2013, Inside Medical Devices
Kurt Calia and Allison Kerndt also contributed to this post. The Supreme Court released its decision in Association for Molecular Pathology et al. v. Myriad Genetics, Inc. et al. (Appeal No. 12-398) earlier today. The question presented was whether human genes are patent eligible. In a unanimous decision, the Supreme Court held that naturally occurring...… ...
June 13, 2013, InsideMedicalDevices Blog
Pay-for-Delay Settlement Agreements: Are Pharma Companies playing by Different Rules
Panel Moderator, April 2013, ABA-IPL 28th Annual Intellectual Property Law Conference, Arlington, VA
HHS Proposes to Amend Acquisition Regulations Regarding Application of Bayh-Dole Act and Data Rights
January 18, 2013, Covington E-Alert
March 23, 2012, Covington E-Alert
November 10, 2011
WASHINGTON, DC, November 10, 2011 — Covington & Burling represented Salix Pharmaceuticals, Ltd. in its agreement to acquire Oceana Therapeutics, Inc., a privately held global provider of gastroenterology and urology therapeutics, for $300 million in cash. “The acquisition of Oceana expands our product portfolio of innovative products, furthers the ...
The Changing Patent Landscape
June 2011, Emerging Leaders Workshop: Hitting the Mark in New Product Commercialization session at the BIO 2011 Convention, Washington, DC
June 25, 2010
NEW YORK, June 25, 2010 — Gilead Sciences, Inc. and CGI Pharmaceuticals, Inc. today announced the signing of a definitive agreement pursuant to which Gilead will acquire CGI. Under the terms of the agreement, Gilead will acquire CGI for up to $120 million, the majority as an upfront payment and the remaining based on clinical development progress. Covington & ...
Covington Announces Three New Of Counsel
April 30, 2010
<?xml:namespace prefix="o"?><o:p>WASHINGTON, DC, April 30, 2010 — Covington & Burling LLP is pleased to announce the promotion of three lawyers to of counsel.</o:p> <o:p>The new of counsels are as follows:</o:p> <o:p>Natalie Derzko (Washington) practices in the areas of intellectual property, strategic counseling, due diligence, patent prosecution, patent ...
Covington Advises Boehringer Ingelheim on Acquisition of Animal Health Assets from Pfizer and Wyeth
9/24/2009
NEW YORK, September 24, 2009 — Boehringer Ingelheim, and its US animal health business Boehringer Ingelheim Vetmedica, Inc., has entered into an agreement with Pfizer to acquire certain assets of Wyeth’s Fort Dodge Animal Health business upon the closing of the global Pfizer-Wyeth merger. Covington & Burling LLP represented Boehringer Ingelheim on the ...
Monetizing IP in Biotech -- From Conception to Commercialization
April 2009, Hopkins Biotech Network 2009 Discussion Series, Johns Hopkins University, Rockville, MD
Hot Topics in Patent Law
October 2008, Patent Resources Group, Albuquerque, New Mexico
Functional Foods, Nutraceuticals & Smart Packaging: Life Cycle Management Strategies for Patent Protection
June 2008, International Food Technology (IFT) Annual Meeting, New Orleans, LA
The Scope of Patentable Subject Matter: What is Afoot?
March 2008, Commentator at 16th Annual Conference on Intellectual Property Law & Policy, Fordham Law School, New York, NY
Hatch-Waxman and Product Exclusivity Issues in the IP Due Diligence Context
January 2008, Pharma/Biotech IP Due Diligence Conference, New York, NY
Patent Overview and Some Hatch-Waxman Fundamentals
September 2007, FDA Boot Camp, Chicago, IL
Patent Overview and Some Hatch-Waxman Fundamentals
July 2007, FDA Boot Camp, Boston, MA
Bioequivalence: What Patent Lawyers Need to Know
March 2007, FDA Boot Camp, New York, NY
Covington Advises Pfizer in Acquisition of BioRexis
February 1, 2007
NEW YORK, NY, February 1, 2007 — Covington & Burling LLP advised Pfizer in the acquisition of BioRexis, a privately held biopharmaceutical company. The transaction is expected to close in the first or second quarter of 2007. The financial terms of the transaction were not disclosed.BioRexis is developing long-acting GLP-1 receptor agonists for the potential ...
Covington Represents Eisai In $205 Million Acquisition of Four Oncology-Related Products
9/13/2006
WASHINGTON, D.C., September 13, 2006 — Covington represented both Eisai Co., Ltd. and Eisai Inc. in the recent $205 million product acquisition agreement with Ligand Pharmaceuticals. Eisai obtained exclusive global rights to four products, including ONTAK®, Targretin® capsules, Targretin® 1% gel and Panretin® 0.1% gel. This acquisition will help to ...
Basic Aspects of Patent Law
June 2005, Smithsonian Institution, Washington, DC
Basic Aspects of Patent Law
March 2005, Paperboard Packaging Council Meeting, Washington, DC
Using Intellectual Property Law and Regulatory Processes to Foster the Innovation and Diffusion of Environmental Technologies
February 2005, Environmental Technology Symposium, Temple University, Philadelphia, PA
Patent Term Adjustment Pursuant to the American Inventors Protection Act
October 2004, Maximizing Pharmaceutical Patent Life Cycles, New York
In Search of a Compromised Solution to the Problem Arising From Patenting Biomedical Research Tools
2004, 20 Santa Clara Computer and High Tech Law Journal 347
July 2003, 21(7) Nature Biotechnology 823
Patent Strategy
Fall 2003-2005, Biotech Boot Camp, ASM Resources Inc. in Bethesda, MD
1996, 33 Alberta L. Rev. 58 (translated by Julie Dagenais Blackburn as Le Programme de Clercs à la Cour suprême du Canada, 36 Cahier de Droit 765)
1996, 20 Harv. Envtl. L. Rev. 3
1994, 39 McGill L.J. 144
- Legal Elite, Washington SmartCEO (December 2009)
Practices
Education
Columbia Law School, J.S.D., 2005
- Julius Silver Fellow in Law, Science and Technology
Johns Hopkins University, M.S., 2001
- Biotechnology
Harvard Law School, LL.M., 1995
- Fulbright Scholar
- Harvard Environmental Law Review, Line Editor
Osgoode Hall Law School, J.D., 1993
- Osgoode Hall Law Journal, Senior Editor