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Background

Chad Shear is a Principal in Fish & Richardson’s Southern California office and a leader in the firm’s life sciences and pharmaceutical litigation group. Mr. Shear has extensive experience in Hatch-Waxman and life sciences litigation representing branded clients in litigation relating to GSK (COREG®, FLOVENT®), Gilead (SOVALDI®, HARVONI®, EPCLUSA®, RANEXA®); Allergan (ALPHAGAN® P, .15 and .1, COMBIGAN®, LUMIGAN®, ACUVAIL®, ACULAR® LS and SANCTURA® XR); and iCeutica and Iroko (ZORVOLEX® and VIVLODEX®).

Also included in his extensive client list is Coherus BioSciences, who he’s represented at the US PTO and the US Supreme Court.

Clients describe him as “practical,” “pragmatic” and a “go-to guy for complex patent matters.”

Mr. Shear has participated in more than a dozen trials, domestically and internationally, both as lead trial counsel and as a member of the trial team in the US, UK, Canada, Australia, and Norway.  As lead trial counsel, Mr. Shear successfully defended Callaway Golf in a jury trial in the Eastern District of Texas.

Mr. Shear also has experience in Patent Office proceedings, both in the US and in Europe including EPO Opposition Proceedings, US Patent Office Post Grant proceedings and interferences.

In addition to his courtroom work, Mr. Shear teaches life sciences trial and patent practice courses around the country.

Education

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


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

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 Northern District of Texas

Clerkships

United States Court of Appeals for the Federal Circuit, The Honorable Haldane Robert Mayer, 2001 - 2003

Memberships & Affiliations

​Member: Giles S. Rich American Inn of Court, Federal Circuit Bar Association, American Intellectual Property Law Association.

Other Distinctions

Named an “Intellectual Property Trailblazer” by the National Law Journal (2019).

Named a “Winning Litigator” by the National Law Journal (2018).

Named one of San Diego Metro Magazine‘s “Best Attorneys” (2018).

Recognized as one of the Daily Journal’s “California Lawyer Attorneys of the Year” CLAY Award (2018).

Named a “Life Science Star” by LMG Life Sciences (2017, 2018).

“Best for Life Sciences & Pharmaceutical Litigation – California,” Wealth & Finance Business Awards 2015

Chosen for “Sustained Excellence in Patent Litigation,” Corporate America Legal Elite 2015

Presentations and publications

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

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

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

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

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

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

Lecturer for Patent Resources Group Advanced Patent Law Course, “Hatch-Waxman and Biosimilars: A Total Immersion Course Encompassing Strategies for Prosecution, FDA Regulation, Post-Grant Challenge, Litigation and Appeal,” April 16-18, 2015.

Speaker, “Biotech & Pharmaceutical Patent Cases: 2014 Year in Review,” Boston Breakfast Series (January 7, 2015).

I’ve Got My Eye on You – FDA May be More Closely Evaluating Generic Products,” Pharma Compliance Monitor (June 2014).

Hatch-Waxman at the Federal Circuit: Sustaining validity of formulation patents is no easy task,” Fish Litigation Blog (December 2013).

Author and lecturer for Patent Resources Group Advanced Patent Law Course, “Pharma & Biotech Strategies for Patent Prosecution, Hatch-Waxman, and Litigation.”

“The Ever Changing Seas of Patent Law,” BIO’s Intellectual Property Counsels’ Fall Conference (2007).

“How to Prepare for and Conduct Markman Hearings,” Claim Construction from the Appellate Perspective, Practicing Law Institute, San Francisco (2007).

KSR International vs. Teleflex – Understanding Obviousness and Pro Active Strategies for Protecting Your Patents” IP Law & Business, Innovations in IP Litigation – Spring Briefing (2007).

“From a Clerk’s Perspective: A Discussion of Recent Cases From an Insider’s Perspective,” BIO’s Intellectual Property Counsels’ Spring Conference (2007).

“How to Prepare for and Conduct Markman Hearings,” Claim Construction from the Appellate Perspective, Practicing Law Institute, San Francisco (2005).

“How to Prepare & Conduct Markman Hearings 2005,” with D. Grinshpun, anthology published by Practicing Law Institute (2005).

“Ethics: Document Retention, Spoliation and Related Ethical Issues,” Center for American and International Law’s 42nd Annual Intellectual Property Law Conference, Dallas, Texas (2004).

W. Chad Shear and Thomas J. Van Gilder, Spoliation and Document Retention: Know When to Hold ‘Em (2004).

“The Anti-Cybersquatting Consumer Protection Act – An Offensive Weapon for Trademark Holders,” 1 ILL. J. L. TECH. & POL’Y 219 (2001).

“The Ethics of Opinion Letters Under the United States Patent & Trademark Office Code of Professional Responsibility and the New York Code of Professional Responsibility,” ETHICS IN CONTEXT 1999: ETHICS FOR SECURITIES LAWYERS, CORPORATE COUNSEL, BANKRUPTCY LAWYERS, LITIGATORS, ESTATE PLANNERS AND TRADEMARK LAWYERS, Practicing Law Institute (1999).

“The Liability Implications of the Illinois Electronic Commerce Security Act,” 2 MOD. TRENDS INTELL. PROP. 87 (1998).

Experience

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“I think he is a top flight, top tier patent trial lawyer. He is a very good trial person and a very good strategic thinker. He is very knowledgeable about the whole world of patents and the court system. He’s practical and technically strong. He is definitely a go-to guy for complex patent matters, and he’s done a lot for us by helping out with thorny problems.”

“Chad is very practical, pragmatic, and always thinking about what we do and how we prepare for a trial.”

— Client testimonials, 2016 Chambers and Partners

What's trending with Chad

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Event
March 27th, 2019 | 1:00 pm EDT
Webinar: Hatch-Waxman and IPR Strategy
Webinar: Hatch-Waxman and IPR Strategy
Webinar
News
June 7, 2016
Fish & Richardson Obtains Reversal of $200 Million Patent Verdict Against Gilead After Merck’s “Pervasive Pattern of Misconduct”
Fish & Richardson Obtains Reversal of $200 Million Patent Verdict Against Gilead After Merck’s “Pervasive Pattern of Misconduct”
Press Release
News
March 4, 2019
Fish & Richardson Principal Chad Shear Named to “Intellectual Property Trailblazers” List by The National Law Journal
Fish & Richardson Principal Chad Shear Named to “Intellectual Property Trailblazers” List by <i>The National Law Journal</i>
Press Release
News
September 27, 2018
Fish & Richardson Announces 13 Principals Named 2018 “Life Sciences Stars” by LMG Life Sciences
Fish & Richardson Announces 13 Principals Named 2018  “Life Sciences Stars” by LMG Life Sciences
Press Release
News
September 14, 2018
Fish & Richardson Principals Chad Shear and Jonathan Singer Named “2018 Winning Litigators” by The National Law Journal
Fish & Richardson Principals Chad Shear and Jonathan Singer Named “2018 Winning Litigators” by <i>The National Law Journal</i>
Press Release
News
July 26, 2018
Fish & Richardson, WilmerHale Secure Total Victory for Gilead Sciences in IPR Trials
Patenting Software: A Case Study in Overcoming Alice
Press Release
News
May 24, 2018
Fish & Richardson Principal Chad Shear Named to SD Metro’s 2018 Best Attorneys List
Fish & Richardson Principal Chad Shear Named to SD Metro’s 2018 Best Attorneys List
Press Release
News
October 13, 2017
11 Fish & Richardson Principals Named 2017 "Life Sciences Stars" by LMG Life Sciences
11 Fish & Richardson Principals Named 2017 LMG Life Sciences ">
Press Release
News
March 31, 2017
A Big Year Is Expected in Life Sciences Patent Litigation
A Big Year Is Expected in Life Sciences Patent Litigation
Media Mention
Q&A
March 22, 2017
Q&A with Chad Shear: A Big Year Is Expected in Life Sciences Patent Litigation
Q&A - Chad Shear
Author: W. Chad Shear
Hatch-Waxman
Life Sciences
Litigation
Patent
Non-Practicing Entities
IP
Trends
News
June 11, 2014
I’ve Got My Eye on You – FDA May be More Closely Evaluating Generic Products
Articles
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June 5, 2014
New Apps for IP, Parking, Romance and Soccer
Media Mention
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