Taft Chicago Pharmaceutical Litigation attorneys Jaimin Shah and Steve Auten contributed the article “Must Whole Patent Be Nixed to Forfeit 180-Day Exclusivity?” to Law360. The article questions what happens to a first applicant’s 180-day exclusivity when the Federal Circuit issues a final decision rendering only the asserted claims (i.e., less than all claims) of a patent invalid or not infringed.
Auten is head of Taft’s Pharmaceutical and Life Sciences Litigation practice. He is a widely recognized and seasoned attorney in Hatch-Waxman and biosimilar matters, including related patent litigation, and is followed by key industry leaders (brand and generic alike), law firms, analysts, educators and others on his LinkedIn blog “Hatch Waxman ANDA Litigation Forum,” which has more than 8,000 members worldwide. He currently represents clients primarily in the areas of Paragraph IV design strategies, Hatch-Waxman litigation and biosimilar market opportunities.
Shah focuses on patent litigation and counseling related to pharmaceuticals and biosimilars. Prior to law school, Shah worked at a large India-based generic pharmaceuticals company. As a manager in the company’s Intellectual Property Cell, he gained first-hand knowledge in patent litigation strategy and the business realities that inform business and legal decisions. Before joining Taft, Shah was an associate at Schiff Hardin LLP, where he focused primarily on Hatch-Waxman matters.