Blake Coblentz

W. Blake Coblentz concentrates his practice in complex patent cases for clients in the biotechnology and pharmaceutical industries. Blake is a registered patent attorney and focuses his practice on the representation of pharmaceutical companies in the areas of Paragraph IV design strategies, Hatch-Waxman litigation, and biosimilar market opportunities.

Most of his intellectual property experience has been in the areas of pharmaceuticals, therapeutic methods, biochemistry, molecular and cellular biology, gene synthesis, recombinant DNA technology, immunology, diagnostic assays, and vaccines.

His practice also includes preparing patentability, infringement, and invalidity opinions; representing clients in post-grant proceedings; and preparing and prosecuting U.S. and foreign patent applications.

Blake graduated from DePaul University College of Law. He earned his master’s degree in molecular cell biology from Washington University in St. Louis and his bachelor’s degree in biology, cum laude, from Birmingham-Southern College.

EXPERIENCE :

• Represented Apotex Inc. and Apotex Corp. in a patent infringement action regarding Apotex’s biosimilar applications to make biosimilar versions of Amgen’s NEULASTA® and NEUPOGEN® products. We navigated Apotex through the Biologics Price Competition and Innovation Act’s “patent dance,” and in the first BPCIA case to go to trial, we obtained a verdict of noninfringement. This result was affirmed on appeal to the U.S. Court of Appeals for the Federal Circuit.
• Trial counsel for Apotex Inc. and Apotex Corp. in a patent infringement action regarding Apotex’s ANDA to make a generic version of LYSTEDA® (tranexamic acid). After a two week trial, received a favorable decision of non-infringement on all three patents in-suit. Successfully argued on appeal with the Federal Circuit affirming the trial court decision.
• Represented Endo Pharmaceuticals Inc. and Strakan International S.à r.l. against Watson Labs’ attempt to make a generic version of Endo’s FORTESTA® product. Following a bench trial, the judge ruled in our clients’ favor on all contested issues and rejected the defendant’s claims of non-infringement, invalidity, and unenforceability. Successfully argued on appeal with the Federal Circuit affirming the trial court decision.
• Represented Sandoz Inc. in a patent infringement action regarding Sandoz’s ANDA to make a generic version of Endo’s pain product OPANA® ER (oxymorphone hydrochloride).
• Represented Sandoz Inc. in a patent infringement action regarding Sandoz’s ANDA to make a generic version of Allergan’s glaucoma drops COMBIGAN® (brimonidine tartrate/timolol maleate).
• Represented Sandoz Inc. in a patent infringement action regarding Sandoz’s ANDA to make a generic version of Merck’s anti-nausea product EMEND® (aprepitant).
• Represented Apotex Inc. in a patent infringement action regarding Apotex’s ANDA to make a generic version of ACULAR LS® (0.4% ketorolac tromethamine). Led the negotiations that resulted in a successful settlement of the matter after the close of expert discovery.
• Represented Sandoz Inc. in patent infringement action regarding Sandoz’s ANDA to make a generic version of Helsinn’s anti-nausea product ALOXI® (palonosetron hydrochloride injection).
• Represented Sandoz Inc. in a patent infringement action regarding Sandoz’s ANDA to make a generic version of Abbott’s cholesterol medication TRILIPIX® (fenofibric acid). Settled prior to trial.
• Represented Innolux Corporation in a patent infringement action involving an improved method of producing LCD products that reduces the number of photolithographic steps required. Won summary judgment of invalidity based on indefiniteness.

EDUCATION :

• DePaul University College of Law, J.D., 2005
• Washington University in St. Louis, M.A., 2002
• Birmingham-Southern College, B.S., cum laude, 1998

BAR ADMISSIONS :

• District of Columbia
• Virginia
• United States Patent and Trademark Office

COURT ADMISSIONS :

• U.S. Court of Appeals for the Federal Circuit
• U.S. District Court — District of Columbia
• U.S. Supreme Court