Gasper J.LaRosa

Partner

(T) + 1.212.326.7885

Gasper LaRosa is co-chair of Jones Day's PTAB Litigation Practice and is a leading pharmaceutical and biotechnology patent lawyer as recognized by clients and his peers. He has more than 15 years of client-focused experience litigating high-profile patent infringement cases involving pharmaceutical products, medical devices, chemical manufacturing processes, and business methods. He has tried patent cases to juries and to the bench in several federal district courts. In addition, Gasper has broad experience representing clients as lead counsel in USPTO post-grant proceedings.

Gasper's practice focuses particularly on Hatch-Waxman (ANDA), biosimilar (BPCIA), and other patent litigation on behalf of pharmaceutical and biotechnology companies. He has represented major pharmaceutical companies in the enforcement of patents covering some of the world's most successful drug products and drug delivery systems. His representations include litigations and PTAB proceedings concerning biologics (e.g., conjugate vaccines) as well as small molecule blockbuster drugs including OxyContin® (oxycodone hydrochloride extended release tablets), Butrans® (buprenorphine patch, extended release), Androgel® (transdermal testosterone replacement therapy), Thalomid® (a treatment of multiple myeloma and erythema nodosum leprosum), Revlimid®, Skelaxin® (a muscle relaxant), Avinza® (an extended release morphine sulphate pain reliever), and Univasc® and Uniretic® (ACE inhibitors).

Gasper is a member of the American Bar Association, the PTAB Bar Association, the Federal Circuit Bar Association, the New York Intellectual Property Law Association, and the American Institute of Chemical Engineers. He also serves as a member of the Pharmaceutical & Biotechnology Issues Committee of the Intellectual Property Owners Association.

Experience

  • Shiseido to acquire Drunk Elephant™ for $845 millionJones Day is advising Shiseido Americas Corporation in its $845 million acquisition of Drunk Elephant™.
  • Purdue Pharma asserts patent infringement claims under Hatch-Waxman Act related to OxyContin® against IntellipharmaceuticsJones 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®.
  • Celgene to be acquired by Bristol-Myers Squibb for approx. $74 billionJones Day advised Celgene Corporation (NASDAQ: CELG) in connection with the intellectual property and technology transactions aspects of its cash-and-stock merger with Bristol-Myers Squibb (NYSE: BMY) which has an equity value of approximately $74 billion.
  • Purdue Pharma successfully moves for additional discovery regarding real-party-in-interest, leading to termination of IPRs before institutionJones 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 claims against companies seeking to make generic version of transdermal patch Butrans®Jones Day client Purdue Pharma L.P. successfully resolved a patent infringement action it brought under the Hatch-Waxman Act against two companies that sought FDA approval to market a generic version of Purdue's Butrans® product prior to the expiration of certain patents owned by Purdue.
  • Celgene wins in district court case, invalidating patent asserted against its Thalomid® and Revlimid® brand cancer drugsJones Day successfully defended Celgene Corporation in a patent infringement case brought in the United States District Court for the District of Delaware by Andrulis Pharmaceuticals Corporation, which alleged that Celgene's THALOMID® and REVLIMID® brand cancer drugs infringed U.S. Patent No. 6,140,346 ("'346 patent").
  • AbbVie subsidiary asserts patent infringement claims under Hatch-Waxman Act related to AndroGel® against Perrigo and WatsonJones Day represented Unimed Pharmaceuticals, LLC, a subsidiary of AbbVie, Inc., in a consolidated Hatch-Waxman patent infringement action against Perrigo Company and Watson Laboratories, Inc., relating to the defendants' submission of Abbreviated New Drug Applications to the FDA seeking approval of generic versions of AndroGel® 1.62%, a widely-prescribed treatment for males with low testosterone levels.
  • Purdue Pharma pursues patent infringement suit involving OxyContin(R) against generic drug maker TevaJones Day represents Purdue Pharma L.P., The P.F. Laboratories, Inc., and Purdue Pharmaceuticals L.P. in a Hatch-Waxman Act patent infringement litigation matter relating to Teva Pharmaceuticals USA, Inc.'s attempt to market a generic version of Purdue's controlled-release OxyContin(R) pain relief medication.
  • Schwarz Pharma defends against claims of patent infringement involving omeprazoleJones Day successfully defended Schwarz Pharma, Inc. and other defendants against claims of patent infringement relating to omeprazole, which is used to treat ulcers and gastric reflux disease and is one of the most widely prescribed drugs.
  • Purdue Pharma defends against claims of patent infringementJones Day represents Purdue Pharma L.P., The P.F. Laboratories, Inc., and Purdue Pharmaceuticals L.P. in a patent infringement litigation brought by plaintiff Depomed, Inc., based on Purdue's manufacture and sale of its own patented controlled-release OxyContin(R) pain relief medication.
  • Father ordered to pay nearly $30,000 in child supportJones Day New York associates Gasper LaRosa and Kathleen Choi represented a mother of three children in successfully enforcing a child support order, and in her request for dismissal of the father's request to modify the child support Order.
  • Celgene announces dismissal of suit against Barr Laboratories following withdrawal of thalidomide ANDAJones Day successfully represented Celgene Corporation in a Hatch-Waxman patent litigation against Barr Laboratories, Inc., in connection with Celgene's brand thalidomide product, Thalomid®.
  • King Pharmaceuticals wins preliminary injunction against CorePharma over generic version of Skelaxin®Jones Day successfully halted sales of a generic version of Skelaxin®, King Pharmaceuticals, Inc.'s best-selling product.
  • King Pharmaceuticals launches patent infringement action regarding Avinza®Jones Day represents King Pharmaceuticals, Inc. in a Paragraph IV patent infringement litigation involving generic Morphine Sulfate Extended-Release Capsules USP for 30, 60, 90 and 120 mg doses.
  • Schwarz Pharma pursues patent infringement action against Paddock LabsJones Day represented Schwarz Pharma in a patent infringement action involving Moexipril pharmaceutical composition for treating blood pressure.
  • Schwarz Pharma pursues patent infringement suit involving Univasc® against generic drug maker TevaJones Day represented Schwarz Pharma in a patent infringement action relating to Moexipril (Univasc®) pharmaceutical composition for treating blood pressure.
  • King Pharmaceuticals hits Eon Labs with a patent infringement suit involving Skelaxin®On behalf of King Pharmaceuticals, Inc., Jones Day lawyers lodged a patent infringement suit against Eon Labs involving King's drug Skelaxin®, which is used in the treatment of musculoskeletal disorders.
  • King Pharmaceuticals pursues patent infringement claims against Barr involving Prefest®Jones Day represented King Pharmaceuticals, Inc. in connection with infringement litigation involving patents for Prefest®.
  • Speaking Engagements

    • March 26, 2019
      Hatch-Waxman and BPCIA Fundamentals: Understanding Follow-On Products and the Rules for Generic Entry, FDA Boot Camp
    • November 29, 2018
      Privity at the PTAB since RPX
    • June 20, 2017
      Preparing for Litigation Before Litigation, 36th Global Litigation Confex
    • October 27, 2015
      Global Legal ConfEx - IP LItigation Around the World
    • September 18, 2014
      The Food and Drug Law Institute - Celebrating the 30th Anniversary of the Hatch-Waxman Amendments: The Past, Present and Future of Generic Drugs
    • August 1, 2013
      Successfully Navigating FDA Citizen Petitions and Responses
    • May 7, 2010
      Foreign Exchange: The Impact and Role of Foreign Forums on U.S. Litigation, AIPLA 2010 Spring Meeting
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