Gasper J.LaRosa

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New York + 1.212.326.7885

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Gasper LaRosa is a leading pharmaceutical and biotechnology patent lawyer as recognized by clients and his peers. He has more than 20 years of client-focused experience litigating high-profile patent infringement cases involving pharmaceutical products, medical devices, chemical manufacturing processes, and battery technology. He has tried patent cases to juries and to the bench in several federal district courts and the International Trade Commission (ITC). In addition, Gasper has broad experience representing clients as lead counsel in United States Patent and Trademark Office (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 Patent Trial and Appeal Board (PTAB) proceedings concerning biologics (e.g., conjugate vaccines) as well as small molecule blockbuster drugs including, Tagrisso® (treatment of non-small cell lung cancer), 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.

Experience

  • Puma Biotechnology asserts patent infringement claims under Hatch-Waxman Act related to Nerlynx® against SandozJones Day is representing Puma Biotechnology, Inc. in a Hatch-Waxman patent infringement action against Sandoz relating to Sandoz's submission of an Abbreviated New Drug Application to the FDA seeking approval of a purported generic version of Nerlynx® (neratinib) tablets.
  • Puma Biotechnology asserts patent infringement claims against AstraZeneca's Tagrisso® (osimertinib) products for treatment of gefitinib and/or erlotinib-resistant non-small cell lung cancerJones Day is representing Puma Biotechnology, Inc. in a patent infringement action against defendants for infringement of United States Patent Nos. 10,603,314 and 10,596,162.
  • SK Innovation defeats request to exclude lithium-ion battery technology in ITC dispute with LG ChemJones Day clients SK Innovation Co., Ltd. and SK Battery America, Inc., following an evidentiary hearing in December 2020, prevailed against LG Chem et al. in a patent infringement dispute before the International Trade Commission (ITC) involving lithium-ion battery technology used in electric vehicles.
  • Celgene acquired by Bristol-Myers Squibb for approximately $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.
  • Shiseido acquires Drunk Elephant™ for $845 millionJones Day advised 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®.
  • 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.
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    January 2022 Commentary

    Inducement Suit Proceeds Against Insurance Company for Encouraging Use of Generic Drug

    September 2021 Commentary

    Federal Circuit Vacates Judgment, Reinstates Jury's Verdict of Induced Infringement

    JUNE 2020 Alert

    FDA Launches Review of Orange Book Patent Listing Practices

    December 2019 Blog

    PTAB Bar Association – Thought Leader Summit Recap, PTAB Litigation Blog

    October 2019 Blog

    Trial Court Denies Amendment of Contentions To Add Reexam Claims Following Successful IPR, PTAB Litigation Blog

    June 2019 Commentary

    Lead Compound Analysis Not Applicable to Certain Method-of-Treatment Claims

    May 2019 Blog

    Precedential: PTAB Considers § 314(a) Factors Even When Denying Under § 325(d), PTAB Litigation Blog

    August 2018 Blog

    PTAB Grants Rare Motion for Additional Discovery, PTAB Litigation Blog

    July 2018 Blog

    Chief Judge Ruschke Presents on PTAB Fact v. Myth, PTAB Litigation Blog

    May 2018 Alert

    Delaware District Dismisses BPCIA "Private Right" Claim; Says Controversy not Sufficiently Immediate
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    Speaking Engagements

    • March 24, 2020
      American Conference Institute's 35th FDA Boot Camp
    • 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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