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Highlights

  • Go-to patent litigator for numerous multinational life sciences companies — including Gilead, GSK, iCeutica, Iroko, Coherus Biosciences and Dainippon Sumitomo Pharma — whose marquee products deliver billions of dollars in annual revenues.
  • Extensive global experience, including serving as lead attorney in complex patent proceedings, trials and appeals across Asia, Europe, North America, and Australia.
  • Results-focused, hands-on leader known for assembling and managing effective, collaborative teams across multiple time zones, firms, and languages.

About Chad

Chad has earned a global reputation for successfully protecting the intellectual property rights and assets of pharmaceutical companies in high-stakes patent litigation in the U.S. and internationally. For his clients, such cases are not mere inconveniences — they are make-or-break disputes that determine returns on multibillion-dollar investments and decades of research.

Over the course of his career, Chad has represented clients in disputes involving some of the leading drugs on the market, including name brands such as SOVALDI®, HARVONI®, EPCLUSA®, RANEXA®, VEMLIDY®, DESCOVY®, ODEFSEY®, and DESCOVY for PrEP® (Gilead Sciences); LATUDA® and APTIOM® (Dainippon Sumitomo Pharma Co. Ltd./Sunovion);  ZORVOLEX® and VIVLODEX® (Iroko Pharmaceuticals); COREG®  and FLOVENT® (GlaxoSmithKline). Many of these cases are global in nature, often involving multiple jurisdictions and major markets in Europe, North America, and the Asia/Pacific region. Despite the scale of these matters, Chad is known for his approachability, pragmatism, legal and business acumen, unwavering dedication to his clients, and unflappability in even the most challenging of circumstances.

Chad’s trial experience is unparalleled. He has served as lead trial attorney or member of the trial team in nearly two dozen trials, including numerous Hatch-Waxman cases. Chad is equally well-versed in representing clients in post-grant proceedings before the U.S. Patent Trial and Appeal Board and in opposition proceedings before the European Patent Office. Drawing upon his experience as a Federal Circuit clerk, he has played a key role in hundreds of appeals.

Chad draws on his litigation experience, extensive network of scientific and business experts, and detailed knowledge of his clients’ companies to provide strategic legal counsel on a wide range of business matters. Able to communicate complex ideas in clear language, he speaks and writes frequently on issues such as biosimilars and generics, Hatch-Waxman litigation, Markman hearings, and biotechnology and pharmaceutical patent due diligence. Chad also teaches life sciences trial and patent practice courses around the country.

Publications

Co-author with Geoff Biegler, “Hatch-Waxman Success: Start the Invention Story at the Beginning,” The Recorder, August 21, 2020

Co-author with Teresa Lavoie, “How to Build Your Life Sciences Patent Due Diligence Team,” The Recorder, July 20, 2020

Co-author with Teresa Lavoie, “The Data Room in Patent Due Diligence: Perspectives from Two Doors,” The Recorder, May 29, 2020

“A Big Year Is Expected in Life Sciences Patent Litigation,” Metropolitan Corporate Counsel, March 2017

Speaking Engagements

Speaker, “Life Sciences 2020 Year in Review,” with Teresa Lavoie, Fish Life Sciences Webinar Series, January 27, 2021.

Speaker, “How To Prevent a Terrible, Horrible, No Good, Very Bad Day for Your Life Sciences Start-up: Lessons Learned From Company Formation, Drug Development, Partnering, and Due Diligence Nightmares,” with Teresa Lavoie, Fish Life Sciences Webinar, December 2, 2020.

Speaker, “Hatch-Waxman: Positioning Your Company for Success Against Generic Challenges,” with Geoff Biegler, Fish Life Sciences Webinar, June 16, 2020

Speaker, “The Business of the Hatch-Waxman Act,” with Betsy Flanagan, Fish Life Sciences Webinar, May 20, 2020

Speaker, “Biopharma at the PTAB: A Patent Owner’s Perspective,” with Dorothy Whelan, Fish Post-Grant for Practitioners Webinar, May 13, 2020

Speaker, “Biotech and Pharmaceutical Patent Due Diligence: How to Maximize Value and Mitigate Risks from the Buy Side and Sell Side Perspectives,” with Teresa Lavoie, Fish Life Sciences Webinar, April 30, 2020

Speaker, “Hatch-Waxman and IPR Strategy,” with Dorothy Whelan, Fish Post-Grant for Practitioners Webinar, March 27, 2019

Speaker, “Hatch-Waxman – The Generic’s Playbook,” Fish Litigation Webinar, February 7, 2019

Speaker, “Hatch-Waxman 301:  Proving Infringement in a Hatch-Waxman Case,” with Terry Mahn, Fish Litigation Webinar, May 31, 2018

Speaker, “Hatch-Waxman 201,” with Terry Mahn, Fish Litigation Webinar, January 25, 2018

Speaker, “Hatch-Waxman 101,” Fish Litigation Webinar, December 6, 2017

Speaker, “Biosimilars 102 – Litigation: Planning and Strategy,” Fish Biosimilars Webinar, March 3, 2016

Speaker, “Biosimilars 101,” Fish Biosimilars Webinar, January 21, 2016

Representative Matters

Serves as co-lead counsel for a new Hatch-Waxman global litigation for Gilead Sciences involving the exclusivity of the company’s HIV compound Tenofovir Alafenamide (TAF). The matter involves nine generic drug companies and 15 abbreviated new drug applications (ANDAs), which follows the trend for such cases to become increasingly large each year. The battle, which is just getting started, includes challenges to patents expiring as late as 2032.

Helped wipe out the $2.5 billion willful infringement jury verdict against Gilead Sciences’ blockbuster drugs SOVALDI®, HARVONI®, and EPCLUSA® which cure hepatitis C. This was the largest patent damages award in history, and was reversed after Fish won a rare motion for judgment as a matter of law. In addition to federal court cases and post-grant proceedings at the USPTO, the five-year battle included litigation in Norway, the United Kingdom, Canada, Germany, and Australia, and before the European Patent Office. The Fish team convinced the judge that a reasonable jury, even taking all of the evidence in the light most favorable to Idenix, could only conclude that Idenix’s patent was invalid due to lack of enablement. (Idenix Pharmaceuticals LLC et al. v. Gilead Sciences, Inc.)

Served as co-lead counsel for client Dainippon Sumitomo Pharma Co. Ltd. (Sunovion) in protecting its multibillion-dollar branded drug LATUDA®, the company’s best-selling product. The first wave of litigation involved 16 generic drug company defendants. The case was settled on the first day of trial, and the magnitude of the result was reflected in the company’s stock, which went up nearly 20% in a matter of hours after settlement details were made public. To prevail in such a large case, Chad created and led an issue-focused sub-team, with each providing strategic input on specifically defined aspects of the case.

Handled 10 IPRs filed by Initiative for Medicines, Access & Knowledge Inc. (I-MAK) against multiple Gilead patents. The dispute was short-lived; Fish’s efforts prevented all of I-MAK’s IPRs from being instituted.

Helped win three IPRs for Coherus BioSciences that invalidated patents for the blockbuster drug HUMIRA®. The Coherus case was among the most closely watched life sciences IPRs in 2017 due to its broader implications for the biosimilar industry. (Coherus BioSciences, Inc. v. AbbVie Biotechnology Ltd.)

Led the IP due diligence for Gilead’s successful $11.9 billion acquisition of Kite Pharma, which immediately positioned Gilead as a leader in cell therapy. Since that 2017 deal, Chad has been tapped to help Gilead on several other related matters. While this work falls outside IP litigation, he was invited to participate because of the trust and rapport he developed through his efforts to fully understand his client’s operations and to be their strategic business consultant.

Best of the Best USA Euromoney’s Expert Guide – Top 30 legal practitioners for life sciences (nationally), 2019, 2021

Named “Life Science Star” by LMG Life Sciences, 2017–2020

Named “Leading Patent Professional” by IAM Patent 1000, 2019-2020

Finalist for “Hatch Waxman Litigator of the Year”, LMG Life Sciences, 2020

Awarded “Patent Impact Case of the Year” (Idenix Pharmaceuticals LLC et al v Gilead Sciences, Inc. et al.) by LMG Life Sciences, 2017, 2020

Named “Intellectual Property Trailblazer” by National Law Journal, 2019

Recognized as a “California Top IP Lawyers” by Daily Journal, 2019

Named “Winning Litigator” by National Law Journal, 2018

Named to list of “Best Attorneys” by San Diego Metro Magazine, 2018

Recognized as “California Lawyer Attorneys of the Year” CLAY Award by Daily Journal, 2018

Awarded “Impact Case of the Year” by LMG Life Sciences (Idenix Pharmaceuticals et al. v. Gilead Sciences, Inc.), 2018

Finalist for “Inter Partes Attorney of the Year”, LMG Life Sciences, 2017

Awarded “Patent Impact Case of the Year” (Coherus BioSciences Inc. v AbbVie Biotechnology Ltd.; Gilead Sciences, Inc. v Merck & Co, Inc. et al.); by LMG Life Sciences, 2017

“Chad is hands-down excellent – a really thoughtful and hardworking lawyer who is helping an excellent group to thrive.”

— Client testimonials, 2019 IAM Patent 1000

Focus Areas
Education

J.D. magna cum laude, University of Illinois College of Law (1999)


B.S., Chemistry, Texas A&M University (1996)

Admissions
  • U.S. Patent and Trademark Office 2001
  • California 2004
  • Delaware 2012
  • Supreme Court of the United States
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Southern District of California
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Northern District of Texas
Clerkships

U.S. Court of Appeals for the Federal Circuit, The Honorable Haldane Robert Mayer, 2001 - 2003

Memberships & Affiliations

American Intellectual Property Law Association

Federal Circuit Bar Association

Giles S. Rich American Inn of Court

What's trending with Chad

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Event
January 27th, 2021 | 1:30 pm EST
Life Sciences Webinar Series | 2020 Year in Review
Webinar
News
November 10, 2020
Legal Alert: New Hatch-Waxman-Style Patent Law Formally Adopted by China’s National People’s Congress; to Take Effect June 1, 2021
Legal Alerts
News
Event
December 2nd, 2020 | 1:30 pm EST
Webinar | How To Prevent a Terrible, Horrible, No Good, Very Bad Day for Your Life Sciences Start-up: Lessons Learned From Company Formation, Drug Development, Partnering, and Due Diligence Nightmares
Webinar
News
September 29, 2020
Fish & Richardson Receives Top Firm Rankings and 14 Principals Named 2020 “Life Sciences Stars” by LMG Life Sciences
Press Release
Recognition
News
News
August 25, 2020
Geoff Biegler and Chad Shear Author The Recorder Article, "Hatch-Waxman Success: Start the Invention Story at the Beginning"
Articles
News
News
August 12, 2020
Fish & Richardson Receives Top “Gold” Ranking from IAM Patent 1000 for National Litigation Practice; National Rankings in the Plaintiff Firm and Prosecution Firm Categories
Press Release
Recognition
News
News
August 12, 2020
Chad Shear Quoted in Managing Intellectual Property Article
Media Mention
News
News
August 11, 2020
Fish & Richardson Featured in Nine Categories of the LMG Life Sciences Awards 2020 Shortlists
Press Release
Recognition
News
News
July 22, 2020
Chad Shear and Teresa Lavoie Author The Recorder Article, "How to Build Your Life Sciences Patent Due Diligence Team"
Articles
News
News
June 8, 2020
Teresa Lavoie & Chad Shear Author Article in The Recorder: "The Data Room in Patent Due Diligence: Perspectives from Two Doors"
Articles
News
Event
June 16th, 2020 | 1:30 pm EDT
Webinar | Hatch-Waxman: Positioning Your Company For Success Against Generic Challenges
Webinar
Event
May 20th, 2020 | 1:30 pm EDT
Webinar | The Business of the Hatch-Waxman Act
Webinar
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