Chad Shear is a Principal in Fish & Richardson’s Southern California office, a leader in the firm’s life sciences and pharmaceutical litigation group, and co-chair of the firm’s post grant 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®, LUMINGAN®, 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.
Gilead Sciences, Inc. v. Merck & Co, Inc., et al, (N.D.Cal.): Representing plaintiffs in pending declaratory judgment action over hepatitis C treatments SOVALDI® and HARVONI®.
iCeutica Inc. et al v Lupin, LTD., et al (D. MD): Lead counsel for Plaintiffs in Hatch-Waxman litigation over pain medication VIVLODEX®.
Coherus Biosciences v. Abbvie Biotechnology Ltd. (Patent Trial and Appeal Board): Representing biosimilar manufacturer Coherus in four inter partes review petitions filed against AbbVie patents covering dosing protocols for HUMIRA®.
Idenix v. Gilead Sciences, Inc., (D. Mass; D. Del): Representing defendant, Gilead, in worldwide litigation over its blockbuster hepatitis C treatments SOVALDI® and HARVONI®.
Gilead Sciences, Inc. v. AbbVie (D. Del.): Representing plaintiff in litigation over its hepatitis C treatment HARVONI®.
iCeutica Inc. et al v Lupin, LTD., et al (D. Del): Lead counsel for Plaintiffs in Hatch-Waxman litigation over pain medication ZORVOLEX®.
GSK v Teva; GSK v Glenmark (D.Del): counsel for plaintiffs in litigation over heart-failure medication COREG®.
Roche Palo Alto, et al v. Lupin, Ltd., et al (D.N.J.): Trial counsel for plaintiffs in Hatch-Waxman action over ANDA for angina drug RANEXA®; after three-week bench trial in May, 2013, case settled with Lupin agreeing to forestall entry until three months before patent expiry.
Allergan, Inc. v. Sandoz, Inc., et al (E.D.Tx.): Trial counsel for plaintiff in Hatch-Waxman actions over ANDAs for glaucoma drug COMBIGAN®. Injunction entered against generic entry in August, 2011. Injunction affirmed at 726 F.3d.1286 (Fed. Cir. 2013).
Allergan, Inc. v. Akorn, Inc., et al (D. Del.): Counsel for plaintiff in Hatch-Waxman action over ANDA for ocular pain drug ACUVAIL®. Case amicably settled.
Allergan, Inc. v. Akorn, Inc, et al (E.D.Tx.): Counsel for plaintiff in patent infringement actions over generic versions of ocular pain drug ACULAR® LS. Cases amicably settled.
Allergan, Inc. v. Sandoz, Inc., et al (E.D.Tx.): Trial counsel for plaintiff in Hatch-Waxman actions over ANDAs for glaucoma drug COMBIGAN®. Injunction entered against generic entry. Affirmed on appeal.
In re Brimonidine Patent Litigation, MDL No. 1866 (D. Del.): Trial and appellate counsel for Allergan in multi-district litigation regarding ANDAs for glaucoma drugs, ALPHAGAN P .15% and ALPHAGAN® P .1%. Injunction entered against generic entry in October, 2009. Injunction affirmed at 643 F.3d 1366 (Fed. Cir. 2011).
Colucci v. Callaway Golf (E.D. TX. 2010): Lead trial counsel for Callaway Golf – obtained successful defense jury verdict in a case involving several lines of Callaway Golf putters.
Allergan, Inc., et al v. Alcon Laboratories, et al (D.Del.): Counsel for Allergan regarding a generic version of Allergan’s glaucoma drug, ALPHAGAN® P 0.15% that resulted in settlement on the morning of opening statements with defendant agreeing not to launch generic drug for several years and to pay royalty on release.
Bella Bella, Inc. v. Mary Kay, Inc. (C.D. Cal. 2008): Defended Mary Kay in patent litigation regarding micro-derm abrasion skin care products.
Microsoft Corporation adv. Data Encryption Corporation(C.D. Cal.): Won summary judgment of noninfringement for defendant Microsoft in patent infringement case against Windows involving file encryption technology, affirmed by the United States Court of Appeals for the Federal Circuit.
Dyneon LLC, et al v. Dupont Dow Elastomers (D. Minn.): Represented Dyneon in patent infringement action related to polymer processing additives. Case favorably settled shortly before trial.
Dimension One Spas v. Coverplay (S.D. Cal): Represented Dimension One Spas in patent infringement action related to spa cover lifters. Won summary judgment of infringement and no invalidity after bench trial.
Microsoft Corporation adv. TV Interactive Data (N.D. Cal.): Defended Microsoft in four-patent litigation involving Windows operating system and device driver technology. Case favorably settled.
Callaway Golf Co. v. Thomas Golf, Inc. (S.D Cal.): Represented Callaway Golf in trademark infringement and patent declaratory judgment action. Case favorably settled.
DuFresne v. Microsoft Corp. et al. (D. Mass.): Counsel for Microsoft, Adobe Systems, Inc., and Macromedia, Inc. in litigation involving client-server programming environment where executable tags are embedded in an html file.
March 31, 2017
A Big Year Is Expected in Life Sciences Patent Litigation
March 22, 2017
Q&A with Chad Shear: A Big Year Is Expected in Life Sciences Patent Litigation
Author: W. Chad Shear
November 3rd, 2016 | 11:00 am PDT
Life Sciences Summit 2016
October 13th, 2016 | 1:00 pm EDT
Webinar: Biologics Litigation and IPRs
March 3rd, 2016 | 1:00 pm EST
Webinar: Biosimilars 102 - Litigation: Planning and Strategy
January 21st, 2016 | 1:00 pm EST
Webinar: Biosimilars 101
April 16th, 2015 | 8:00 am EDT
Patent Resources Group (PRG) Hatch-Waxman and Biosimilars: A Total Immersion Course Encompassing Strategies for Prosecution, FDA Regulation, Post-Grant Challenge, Litigation and Appeal
June 4th, 2012
Mary Kaye Carpenter Cup
April 7th, 2013
Pharma & Biotech Strategies for Patent Prosecution, Hatch-Waxman and Litigation
October 11th, 2011
Strategic Use of Post-Grant Proceedings in Light of Patent Reform
March 30th, 2014
Patent Resources Group PRG course: Pharma & Biotech Strategies for Patent Prosecution, Hatch-Waxman and Litigation
October 26th, 2009 | 12:00 pm EDT
Bio IP Counsel’s Committee Conference