Patents. Law. Pharma.
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Zachary Silbersher is a patent attorney with lead-counsel experience in patent litigation, petitions for inter partes review, prosecution and licensing. Mr. Silbersher also consults frequently with buy-side and sell-side analysts on patent litigations within pharma and high-tech spaces. Selected to "IAM Strategy 300 – The World’s Leading IP Strategists" for several years. Quoted repeatedly in the media on patent issues, including The Wall Street Journal, Reuters, Bloomberg, Vox/Recode, The Boston Globe, Nature Biotechnology, FiercePharma, BioWorld, Law360, Intellectual Asset Management (IAM), The Capital Forum, the Patent Investor, and Best Lawyers among others.
Fordham Law, JD 2002
Columbia University, BS Physics 2006
Tufts University, BA Philosophy 1997
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Biomarin’s campaign to block Ascendis from importing its new TransCon CNP drug is getting into the thick of it. The Markman hearing is scheduled for February, and the evidentiary hearing is scheduled for late April. In a prior post, I discussed the upcoming Markman hearing, which both parties are likely to rely upon to tee up arguments on infringement and invalidity. Yet, even if Ascendis fails to prove that it does not infringe the patent, and also fails to invalidate the patent, there are two additional defenses that Ascendis could rely upon—public interest and intervening rights. What are these defenses, and how strong are they?