Bryan D. Beel
Bryan is a senior counsel in the firm's Patent Litigation practice, where he represents companies from a wide variety of disciplines in patent litigation matters and focuses on representing pharmaceutical companies in Hatch-Waxman litigation.
Experienced in patent litigation, inter partes review proceedings and patent and trademark prosecution, Dr. Bryan Beel counsels clients on the most efficient, effective and favorable way to resolve a dispute.
Bryan's advanced training lies in the areas of biotechnology, molecular biology, biochemistry and studies of protein structure and signaling systems. In this arena, Bryan regularly defends some of the world's largest pharmaceutical manufacturers in patent litigation involving drug substances, product formulations and methods of treating diseases and disorders. Bryan has extended this work beyond federal district court litigation, and has challenged pharmaceutical patents in inter partes review proceedings at the U.S. Patent and Trademark Office, including one of the first successful proceedings in this area.
Bryan's practice reaches beyond the pharmaceutical and biotech arena and Oregon. His broad scientific training has served Bryan well in patent litigation involving mechanical engineering, printing technologies, medical workstations, chemical engineering and electronics. Additionally, Bryan has handled cases in federal courts across the country and at all levels, from Oregon to New Jersey, and from local district courts to the United States Supreme Court.
Bryan is a founding editor and writer for Life Science Legal Report, the firm's blog focused on patent decisions and developments affecting the life sciences industry.
Education & Credentials
Education
- Lewis & Clark Law School, J.D., Assistant Editor, Oregon Intellectual Property Newsletter, 2007
- Washington State University, Ph.D., Genetics and Cell Biology, 1999
- St. John's University, B.A., Natural Science, 1992
Bar and Court Admissions
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Oregon
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court for the District of Oregon
Related Employment
- Perkins Coie LLC, Portland, OR, Contract Review Center/Litigation Attorney, 2009-2010
- Kolisch Hartwell, P.C., Portland, OR, Technical Consultant, 2004-2007; Intellectual Property Attorney, 2007-2009
- California Institute of Technology, Pasadena, CA, Postdoctoral Scholar, Division of Biology, 2000-2004
Professional Recognition
Listed in Super Lawyers Magazine as an "Oregon Rising Star," 2013-2017; "Oregon Super Lawyer," 2018-2024
Impact
Professional Leadership
- City of Camas, City Planning Commission, Chairman
- Oregon Bioscience Association, Government Relations Committee, 2013-present
- Oregon State Bar, Chairman of the Federal Practice and Procedure Committee
- American Bar Association, Sections of Litigation and Intellectual Property
- Federal Bar Association, Member; Board of Directors, 2013-2018
- American Intellectual Property Law Association
- Multnomah County Bar Association
- U.S. District Court for the District of Oregon Pro Bono Panel
- Ninth Circuit Court of Appeals Pro Bono Representation Panel
- Oregon State Bar Volunteer Disciplinary Defense Counsel
Community Involvement
- Washington Timbers Football Club, Director/Board of Directors
Insights
Professional Experience
Patent Litigation
Novartis Pharmaceuticals Corporation v. Dr. Reddy’s Laboratories, Inc.
U.S. District Court for the District of Delaware
Representing Dr. Reddy’s Laboratories in Hatch-Waxman litigation in the District of Delaware, contesting the validity and infringement of patents relating to sacubitril/valsartan (Entresto®). Case is ongoing.
Viiv Healthcare Co. v. Mylan Pharmaceuticals Inc.
U.S. District Court for the District of Delaware
U.S. District Court for the Northern District of West Virginia
Representing Mylan in the District of Delaware and the Northern District of West Virginia in Hatch-Waxman litigation over patent rights to abacavir sulfate/dolutegravir/lamivudine (Triumeq®). Case is ongoing.
Novartis Pharmaceuticals Corp. et al. v. Mylan Pharmaceuticals Inc.
U.S. District Court for the District of Delaware
U.S. District Court for the Northern District of West Virginia
Representing Mylan in the District of Delaware and the Northern District of West Virginia in Hatch-Waxman litigation over patent rights to everolimus (Afinitor Disperz®). Case is ongoing.
Mylan Pharmaceuticals Inc. v. Janssen Oncology, Inc.
U.S. Patent and Trademark Office
Representing Mylan in inter partes review before the United States Patent and Trademark Office, challenging patent claims related to abiraterone acetate (Zytiga®). The case is pending before the Patent Trial and Appeal Board.
Janssen Biotech, Inc. v. Mylan Inc.
U.S. District Court for the District of New Jersey
U.S. District Court for the Northern District of West Virginia
Representing Mylan in the District of New Jersey and the Northern District of West Virginia in Hatch-Waxman litigation over patent rights to abiraterone acetate (Zytiga®). Case is ongoing.
Mylan Pharmaceuticals Inc. v. Novartis AG
U.S. Patent and Trademark Office
Representing Mylan in inter partes review before the United States Patent and Trademark Office, challenging patent claims related to fingolimod (Gilenya®). The Patent Trial and Appeal Board cancelled the challenged claims, and the Federal Circuit affirmed the PTAB’s ruling, on appeal.
InterMetro Industries Corporation v. Capsa Solutions, LLC
U.S. District Court for the Middle District of Pennsylvania
Represented Capsa in litigation in the Middle District of Pennsylvania over patent rights to mobile computer workstations used in the medical field. Negotiated a successful settlement agreement allowing Capsa to market its workstation products.
Horizon Pharmaceuticals, et al. v. Mylan Pharmaceuticals Inc., et al.
U.S. Court of Appeals for the Federal Circuit
U.S. District Court for the District of New Jersey
Represented Mylan in three Hatch-Waxman litigations in the District of New Jersey and the Federal Circuit Court of Appeals over patent rights to naproxen/esomeprazole magnesium tablets (Vimovo®), used to treat the risk of ulcer formation in patients requiring long-term treatment with non-steroidal anti-inflammatory drugs. After Mylan successfully obtained judgments of invalidity of four patents, a settlement agreement was reached.
AstraZeneca AB, et al. v. Mylan Laboratories Ltd., et al.
U.S. District Court for the District of New Jersey
Representing Mylan in Hatch-Waxman litigation over patent rights to esomeprazole (Nexium®). Defeated motion for a preliminary injunction in the district court, allowing Mylan to market a generic esomeprazole (Nexium®) product. Negotiated a successful settlement agreement allowing Mylan to market its generic Nexium® product.
The Arizona Board Of Regents for and on behalf of Arizona State University v. Seattle Genetics, Inc.
U.S. District Court for the District of Arizona
Represented Arizona State University in litigation in the District of Arizona over patent rights to cancer drug.
Teva Pharmaceuticals USA Inc. et al. v. Mylan Pharmaceuticals Inc. et al.
U.S. Supreme Court
U.S. Court of Appeals for the Federal Circuit
U.S. District Court for the Southern District of New York
Represent and advise Mylan in various suits venued domestically (e.g., the Southern District of New York, Federal Circuit, and United States Supreme Court) and abroad related to alleged infringement of patents on a copolymer of amino acids for the treatment of multiple sclerosis (Copaxone®). In the domestic case, a decision by the United States Supreme Court resulted in a favorable invalidity ruling by the Federal Circuit. International litigation is ongoing.
Pfizer Inc. et al. v. Mylan Inc. et al.
U.S. District Court for the District of Delaware
Represented Mylan in Hatch-Waxman litigation over patent rights to atorvastatin calcium (Lipitor®). Negotiated a successful settlement agreement allowing Mylan to market its generic Lipitor® product.
Medicis Pharmaceutical Corporation v. Mylan Inc. et al.
U.S. District Court for the District of Delaware
Represented Mylan in Hatch-Waxman litigation over patent rights to the acne medication minocycline hydrochloride extended release tablets (Solodyn®). Negotiated a favorable settlement agreement allowing Mylan to market its generic minocycline product.
Birchwood Laboratories Inc. v. Battenfeld Technologies Inc. / Battenfeld Technologies Inc. v. Birchwood Laboratories Inc.
U.S. District Court for the District of Minnesota
Won a series of summary judgments for Battenfeld on issues of obviousness, inequitable conduct, enablement, best mode, indefiniteness and willful infringement in patent infringement case involving sport shooting targets.
Google Inc. v. Traffic Information, LLC
U.S. District Court for the District of Oregon
Represented Google Inc. in a declaratory judgment patent action relating to traffic information provided to mapping applications.
Jugs Sports v. World Sports Products / World Sports Products v. The Jugs Company*
U.S. District Court for the District of Utah
Represented sporting goods manufacturer in patent litigation related to patents claiming baseball- and ball-throwing machines.
Contested Patent Matters
Mylan Pharmaceuticals Inc. v. Horizon Pharma, Inc. and Pozen Inc.
Patent Trial and Appeal Board
Representing Mylan in inter partes review challenging U.S. Patent No. 9,220,698, with claims related to naproxen/esomeprazole magnesium tablets (Vimovo®). The case is pending before the Patent Trial and Appeal Board.
Mylan Pharmaceuticals Inc. v. Horizon Pharma, Inc. and Pozen Inc.
Patent Trial and Appeal Board
Representing Mylan in inter partes review challenging U.S. Patent No. 9,393,208, with claims related to naproxen/esomeprazole magnesium tablets (Vimovo®). The case is pending before the Patent Trial and Appeal Board.
Mylan Pharmaceuticals Inc. v. Janssen Oncology, Inc.
Patent Trial and Appeal Board
Representing Mylan in inter partes review challenging U.S. Patent No. 8,822,438, with claims related to abiraterone acetate (Zytiga®). The PTAB held all claims unpatentable. The case is pending a rehearing request before the Patent Trial and Appeal Board.
Mylan Pharmaceuticals Inc. v. Novartis AG
Patent Trial and Appeal Board
Represented Mylan in inter partes review challenging U.S. Patent No. 8,324,283, with claims related to fingolimod (Gilenya®). The Patent Trial and Appeal Board cancelled the challenged claims, and the Federal Circuit affirmed the PTAB’s ruling, on appeal.
Litigation
Hospira, Inc. et al. v. Sylvia Matthews Burwell, et al.
U.S. Court of Appeals for the Fourth Circuit
U.S. District Court for the District of Maryland
Represented intervenor-defendant Mylan Institutional LLC in a suit brought by Hospira in the District of Maryland against the U.S. Food and Drug Administration to rescind approval of a generic sedative. Successfully obtained summary judgment, allowing Mylan to market its product. After Hospira appealed to Fourth Circuit, negotiated a successful settlement agreement.
Furlong v. Pure Grace, Inc.*
U.S. District Court for the District of Oregon
Represented designer in trademark, copyright, and trade secret litigation related to porcelain ornaments and processes for manufacturing them.
*Prior firm experience