Pablo D.Hendler

Partner

(T) + 1.212.326.3821

A researcher, inventor, and experienced litigator, Pablo Hendler has counseled clients for more than 20 years in intellectual property litigation. Focusing his practice on life science patent litigation, he is well-equipped to counsel clients in pharmaceutical, biotechnology, and medical device litigation. Specifically, Pablo has served as lead counsel in litigation matters, and his experience ranges from prediscovery diligence to preliminary injunction proceedings, trial, and appeals. He also has extensive experience counseling clients to successfully cross the intersection of FDA and patent law.

Pablo's skills in research, invention, and litigation allow him to successfully represent clients in numerous patent cases involving: ANDAs (Abbreviated New Drug Applications) concerning inhalation medication for the treatment of asthma, improved oxycodone formulations, extended release and abuse-deterrent opioid analgesics, antifungul agents, and a niacin cholesterol-lowering drug; genetically modified mice; plasmid vectors; nutraceuticals; and autonomous medical imaging, infusion pumps, spinal fusion implants, corn herbicides, purge and trap concentrators for gas chromatography, and machine vision and bar code technologies.

Pablo's clients have consistently praised him as an "excellent lawyer" and his "sterling" work in ANDA litigations. They are comforted by his "seen-and-done-it-all experience." (IAM Patent 1000: The World's Leading Patent Practitioners, (2014, 2015)). Pablo has consistently been recognized as a New York Super Lawyer.

Pablo is a member of various bar and industry associations. He also has written and spoken on a broad range of patent-related topics.

Experience

Purdue Pharma asserts patent infringement claims under Hatch-Waxman Act related to OxyContin® against Intellipharmaceutics
Jones Day is representing Purdue Pharma L.P. in a Hatch-Waxman patent infringement action against defendants, relating to the defendants' submission of a Section 505(b)(2) New Drug Application to the FDA seeking approval of an extended-release oxycodone formulation.

Purdue Pharma successfully resolves Hatch-Waxman patent infringement claims against Ascent related to OxyContin®
Jones Day successfully represented Purdue Pharma L.P. in related Hatch-Waxman patent infringement actions against defendant Ascent Pharmaceuticals, Inc., pertaining to the submission of an Abbreviated New Drug Application to the FDA seeking approval of a generic version of OxyContin®.

Purdue Pharma successfully moves for additional discovery regarding real-party-in-interest, leading to termination of IPRs before institution
Jones Day defended patent owner, Purdue Pharma L.P., in connection with two inter partes review (IPR) petitions brought by the petitioner, Kashiv Pharma, LLC, against U.S. Patent Nos. 9,492,392 and 9,492,393.

Purdue Pharma successfully resolves Hatch-Waxman patent infringement claims against Epic Pharma related to OxyContin®
Jones Day successfully represented Purdue Pharma L.P. in related Hatch-Waxman patent infringement actions against defendants Epic Pharma, LLC and PuraCap Pharmaceutical LLC, pertaining to the submission of an Abbreviated New Drug Application to the FDA seeking approval of a generic version of OxyContin®.

Purdue Pharma successfully resolves Hatch-Waxman patent infringement claims against Amneal and Kashiv related to OxyContin®
Jones Day successfully represented Purdue Pharma L.P. in related Hatch-Waxman patent infringement actions against defendants Amneal Pharmaceuticals, LLC and Kashiv Pharma, LLC, pertaining to the submission of an Abbreviated New Drug Application to the FDA seeking approval of generic versions of OxyContin®, a widely prescribed treatment for pain relief.

Purdue Pharma asserts patent infringement claims under Hatch-Waxman Act related to OxyContin® against Abhai
Jones Day successfully represented Purdue Pharma L.P. in a Hatch-Waxman patent infringement action against the defendant, Abhai LLC's, submission of an Abbreviated New Drug Application to the FDA seeking approval of generic versions of OxyContin®, a widely prescribed drug for pain relief.

Purdue Parma obtains discovery for Canadian patent proceedings
Jones Day successfully represented Purdue Pharma L.P. in a Section 1782 discovery action to obtain discovery for use in Canadian proceedings brought to enforce Purdue's patents covering OxyContin®, a widely prescribed treatment for pain relief.

Purdue Pharma asserts patent infringement claims under Hatch-Waxman Act related to OxyContin® against Mylan
Jones Day successfully represented Purdue Pharma L.P. in a Hatch-Waxman patent infringement action against defendants, relating to the defendants' submission of an Abbreviated New Drug Application to the FDA seeking approval of generic versions of OxyContin®, a widely prescribed treatment for pain relief.

Purdue Pharma asserts patent infringement claims under Hatch-Waxman Act related to OxyContin® against KVK-Tech and Abhai
Jones Day is representing Purdue Pharma L.P. in a Hatch-Waxman patent infringement action against defendants, relating to the defendants' submission of an Abbreviated New Drug Application to the FDA seeking approval of generic versions of OxyContin®, a widely prescribed treatment for pain relief.

The following represents experience acquired prior to joining Jones Day:

Represented Ablexis in patent litigation brought by Regeneron involving genetically-modified mice. Argued at the Markman hearing, after which Regeneron settled the litigation on terms favorable to Ablexis, including a dismissal with prejudice.

Represented Purdue Pharma in a series of patent litigations against various companies seeking to market generic versions of Purdue's blockbuster pharmaceutical OxyContin. For example, in the case against Endo, after trial, the district court entered judgment for Endo and the team appealed. The Federal Circuit initially affirmed the judgment. However, upon reconsideration, the same Federal Circuit panel reversed and remanded. Endo settled. In a subsequent case, the District Court addressed the remand issues and found for Purdue. Most of the other cases have settled on terms favorable to Purdue.

Represented AstraZeneca in a series of patent litigations against various companies seeking to market generic versions of AstraZeneca's blockbuster pharmaceutical Pulmicort Respules. For example, in the Teva/Ivax case, after a one day bench trial, obtained a denial of defendant's summary judgment motion of noninfringement. And, after an at-risk launch, obtained a temporary restraining order and an order compelling defendant to write its customers requesting recall of the launched products. The case settled before commencement of the preliminary injunction hearing. Similarly, in the Apotex case, after a six-day trial, obtained a temporary restraining order and preliminary injunction. The Federal Circuit affirmed.

Represented Pfizer in a litigation involving accusations of patent infringement and violations of state and common laws, e.g., trade secret misappropriation and breach of contract, brought by Nutrition 21. The accused product was Pfizer's Centrum vitamin line. After discovery, Markman and summary judgment proceedings, obtained dismissal and/or withdrawal of virtually all of the about 75 originally-asserted patent claims, and all of the state law claims. Case settled before trial.

Represented Symbol Technologies et al. in a patent litigation against the Lemelson Foundation. After a 20+ day trial, obtained a declaratory judgment of noninfringement, invalidity, and unenforceability against Lemelson's bar code and machine vision technology patents, previously licensed to more than 1,000 companies from which Lemelson had collected more than $1.5 billion.

Additional Publications

  • March 21, 2013Quoted, "Fed. Circ. Coult Take The Coin Flip Out Of Patent Appeals," Law360
  • January 14, 2013Quoted, "Hatch-Waxman Safe Harbor Murky After High Court Rejection," Law360

Speaking Engagements

  • March 2015"Paragraph IV Patent Challenges: Are You Prepared for Product Targeting?" The Knowledge Group
  • October 2014"The Uncertain Futures of At-Risk Launches: A Study of Injunctive Relief, Damages and the Impact of Protonix,” ACI Paragraph IV Disputes Master Symposium
  • April 2014"Claim Construction and Markman Hearings: Standards, Jurisprudential Splits and Strategies for Paragraph IV Litigation,” ACI Paragraph IV Disputes Conference
  • January 2013"Therasense Inc. (Abbott) v. Becton, Dickinson, et al., Living in a Therasense World,” NYIPLA One-Day Patent CLE Seminar
  • February 2012"What Biopharma Companies Need to Know About the ‘America Invents Act,” New York Pharma Forum
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