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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

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


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

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 a “Leading Patent Professional” by IAM Patent 1000 (2019).

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

Recognized as one of the Daily Journal’s “California Top IP Lawyers” (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).

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

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

Named an “Inter Partes Attorney of the Year” finalist by LMG Life Sciences (2017).

Principally involved in three of the five “Patent Impact Cases of the Year (Coherus BioSciences Inc. v AbbVie Biotechnology Ltd.; Gilead Sciences, Inc. v Merck & Co, Inc. et al.; Idenix Pharmaceuticals LLC et al v Gilead Sciences, Inc. et al.)” by LMG Life Sciences (2017).

“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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“He’s a fantastic attorney, a trial lawyer. He stands out for his day-to-day management of the cases and client service.

— Client testimonials, 2019 Chambers and Partners

“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

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