Geoff Biegler is a Principal in Fish’s Southern California office with an expansive litigation practice that spans all areas of intellectual property litigation and complex commercial litigation. Leveraging his background in biology and chemistry, Mr. Biegler has a particular focus on pharmaceutical and life sciences litigation. He has extensive experience litigating both Hatch-Waxman cases and competitor pharmaceutical and biotechnology cases for products including SOVALDI®, HARVONI®, and EPCLUSA® (Gilead), YESCARTA® (Kite), XELODA® (Genentech/Roche), AMRIX® (Cephalon), BRCA1/BRCA2 genetic testing (Myriad Genetics), and CRISPR-Cas9 technology.
Mr. Biegler has successfully managed and tried matters through all phases of litigation in a variety of forums, spanning from the District of Delaware to the Southern District of California, including the U.S. International Trade Commission. Mr. Biegler also has experience in Patent Office proceedings, both in the US and in Europe, including EPO Opposition Proceedings and US Patent Office Post Grant proceedings. He is also experienced in handling mediations and arbitrations for clients. In addition to his experience in U.S. jurisdictions, Mr. Biegler also has significant experience managing and harmonizing patent disputes that include fronts on multiple, international jurisdictions.
In the courtroom, Mr. Biegler has conducted witness examinations at trial and argued a variety of dispositive and non-dispositive motions, including Markman hearings and preliminary injunctions. Mr. Biegler has also handled pre-suit investigations, managed complex discovery, defended and taken numerous fact and expert depositions, drafted appellate briefs and assisted his clients in managing post-grant proceedings before the Patent Trial and Appeals Board.
Mr. Biegler teaches life sciences trial and patent practice courses and speaks on patent litigation topics around the country. As a result of his teaching and litigation experience, he is very knowledgeable regarding the generic regulatory framework and the Biologics Price Competition and Innovation Act.
Mr. Biegler is also dedicated to pro bono work, including domestic violence and homeless rights. Mr. Biegler has worked with the Western Center on Law and Poverty to overhaul San Diego County’s General Relief program for homeless adults and partnered with Disability Rights-California and the National Law Center on Homelessness and Poverty to challenge San Diego’s nighttime parking and vehicle habitation ordinances on behalf of a class of homeless RV owners. He is also a member of several local organizations, including the J. Clifford Wallace Inn of Court.
Lecturer, Patent Resources Group Advanced Patent Law Course, “Hatch-Waxman and Biosimilars: A Hatch-Waxman and BPCIA (Biosimilars) Immersion Course,” April 18-20, 2018.
Speaker at PatCon 8: The Annual Patent Conference, “Venue in Hatch-Waxman Cases,” March 2, 2018.
Experience
Selected Cases
Juno v. Kite (C.D. Cal.): counsel for Kite in ongoing litigation against Juno concerning Kite’s CAR-T product YESCARTA®
Gilead Sciences, et al v. Teva USA, Inc., v. Natco Pharam, et al (D.N.J.): manage ongoing Hatch-Waxman litigation against multiple generic companies related to abbreviated new drug applications for Gilead’s hepatitis C treatment SOVALDI® (sofosbuvir)
ResMed v. Fisher & Paykel: counsel for ResMed in ongoing patent dispute over CPAP flow generator and mask products spanning district court litigation, the International Trade Commission, multiple worldwide litigations, and over ten IPR proceedings.
Gilead Sciences, Inc. v. AbbVie, Inc. (D. Del.): managed litigation for Gilead in competitor pharmaceutical litigation involving Gilead’s Hepatitis C treatment, HARVONI®. The litigation was resolved shortly before trial.
Certain Sleep-Disordered Breathing Treatment Systems and Components Thereof (ITC) – trial counsel for complainant ResMed through Commission decision in case involving patent infringement by CPAP flow generator and mask products. Following the hearing, the Commission found a violation of Section 337.
In re: BRCA1- and BRCA2- Based Hereditary Cancer Test Patent Litigation (D. Utah): counsel for plaintiff Myriad Genetics in multi-district litigation involving patents related to the BRCA1 and BRCA2 genes.
Hoffman-La Roche and Genentech v. Teva (D.N.J.): counsel for Roche and Genetech in Hatch-Waxman litigation involving XELODA® oral chemotherapy treatment. The litigation settled shortly before trial.
NUTech Ventures v. Syngenta Seeds (D. Neb.): counsel for NUTech Ventures (associated with the University of Nebraska-Lincoln) in patent case related to genetically modified corn. Argued and obtained successful Markman ruing on behalf of NUTech. Case settled in 2014.
3M Innovative Properties Co. v. Avery Dennison (D. Minn.): counsel for 3M in patent and antitrust cases related to retroreflective sheeting used on highway road signs. Obtained successful Markman and summary judgment rulings on behalf of 3M. Cases settled in 2013.
3M Innovative Properties Co. v. DuPont (D. Minn.): counsel for 3M in patent infringement case related to ion-exchange based emulsifier technology for removing APFO during manufacturing process for Teflon®. Case settled after claim construction.
In re: Cyclobenzaprine Hydrochloride Extended-Release Capsule Patent Litigation (D. Del.): represented Plaintiff Cephalon in multi-district Hatch-Waxman litigation involving Cephalon’s skeletal muscle relaxant drug product, AMRIX®. Following a bench trial, obtained a Federal Circuit decision finding that claims covering AMRIX® were not obvious.
Maquet v. Terumo (N.D. Cal.) and In the Matter of Certain Vein Harvesting Surgical Systems and Components Thereof (ITC): counsel for defendant Terumo in district court and ITC cases involving Terumo’s VirtuoSaph Endoscopic Vein Harvesting System. Both cases settled favorably.
Sciele Pharma, Inc., et al v. Mylan Labs., et al (D. Del.): counsel for plaintiffs in Hatch-Waxman action over blood-pressure drug, SULAR®. Case successfully resolved upon patent expiration.
MIT & Repligen v. ImClone Corp. (D.Mass.): counsel for plaintiffs in patent litigation over cell lines used to manufacture the late-stage colon cancer drug ERBITUX®. Case settled on morning of opening statements for $65 million.
