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Rick Longton specializes in complex pharmaceutical and chemical patent litigation in the US district courts, as well as Inter Partes Reviews and other post-grant proceedings before the Patent Trial and Appeal Board (PTAB) at the United States Patent & Trademark Office (USPTO). Mr. Longton’s litigation, PTAB, and counseling experience has focused on matters involving small molecule pharmaceuticals, stable liquid pharmaceutical protein formulations, chemicals, chemical processes, medical diagnostics, and biotechnology. He counsels clients on a variety of intellectual property matters, including patent infringement, validity, enforceability, and freedom-to-operate. Mr. Longton has experience prosecuting chemical, pharmaceutical, diagnostic, and biotechnology patent applications in the USPTO, and overseeing prosecution of corresponding patent applications worldwide.

  • Representing Bristol-Myers Squibb Company, as patent owner in an IPR proceeding brought by Momenta Pharmaceuticals, Inc., challenging the validity of a patent covering the formulation of BMS’s biologic ORENCIA. We recently submitted the Patent Owner Response in this proceeding, in which a final written decision is expected from the Patent Trial and Appeal Board in January 2017. 
  • Representing Eli Lilly and Company as petitioner in an IPR proceeding challenging the validity of a patent owned by the Trustees of the University of Pennsylvania (“Penn”). In concurrent district court litigation (in which we also represent Eli Lilly), Penn alleges that its patent covers methods of using Eli Lilly’s biologic ERBITUX for treating cancer patients. A decision whether to institute trial is due in July 2016.
  • Representation of Research Corporation Technologies, Inc., and licensees Harris FRC Corporation and UCB, as patent owner in an IPR proceeding, brought by a group of generic companies, challenging the patent claiming Vimpat®, UCB’s anti-epileptic drug. In January 2015, the Patent Trial and Appeal Board (“PTAB”) rejected the generics’ petition in its entirety, finding that the petitioners failed to establish a “reasonable likelihood” of showing unpatentability of any claim of the Vimpat® Patent.
  • Represented major pharmaceutical company in multi-defendant Hatch-Waxman litigation relating to a multi-billion dollar drug.
  • Represented major pharmaceutical company in Hatch-Waxman litigation related to an over-the-counter drug.
  • Represented major agrochemical company in several patent infringement litigations related to agrochemical products and genetically modified plants.
  • Represented major pharmaceutical company in a patent infringement litigation relating to recombinant DNA methods.
  • Represented major agrochemical company in prelitigation investigations, patent reexamination, portfolio assessment and freedom-to-operate opinions. 
  • Represented major wood protection company in procuring patents related to wood treatment technology as well as commencing strategic annulment proceedings overseas and defending litigation-related inter partes reexamination in the U.S.
  • Represented manufacturer of ecofriendly agrochemical products in procuring patents worldwide.

Previous Experience

  • Mr. Longton was a patent examiner in the United States Patent & Trademark Office (1996-2000) where he examined patent applications in the areas of recombinant proteins, enzymes and other areas of biotechnology.
  • Mr. Longton was a post-doctoral research fellow at a major pharmaceutical company (1993-1996) where he conducted research on the interaction of recombinant human G-protein coupled receptors with small molecule antagonists and mapping of receptor-ligand binding sites.
  • Legal 500 US, Patent Litigation - Full Coverage (2016) 
  • Named Pro Bono Attorney of the Month for May 2012 by Kids in Need of Defense (KIND) for work in obtaining Legal Permanent Resident Status for two young siblings from El Salvador.