Robert S. Schwartz

Robert S. Schwartz, Ph.D.

Partner, New York

Robert S. Schwartz, Ph.D. focuses his practice on biotechnology and pharmaceutical patent litigation, USPTO contested cases, technical advising, and patentability and non-infringement opinions. His primary focus is in the areas of biotechnology, particularly protein biochemistry, cell biology, molecular biology, genomics, proteomics and the chemical arts. Some of the technologies he has worked with include transgenic mice, antibodies, nucleotide prodrugs, enzyme inhibitors, cell growth factors, receptor antagonists, nucleotide sequencing technology and vaccines.

While in law school Bob was an editor of the Pace Law Review. Prior to becoming an attorney, he was an Associate Professor of Medicine at the Albert Einstein College of Medicine, Bronx, NY, and a Staff Scientist at Children's Hospital Oakland Research Institute (CHORI) where he was a Principal Investigator of grant-funded biomedical research in areas including hereditary anemias, malaria and diabetes. Bob has published over 40 scientific articles and book chapters in peer-reviewed journals, as well as numerous articles relating to subject matter patentability, biologics and biosimilars. Bob is chair of the firm's Biotechnology and Biologics Industry Group and is a frequent speaker at conferences on topics relating to biologics and biosimilars.

Case Highlight
Gilead Sciences v. Teva Pharmaceuticals USA,

Gilead (patentee) against a generic drug manufacturer alleging invalidity of patents that cover tenofovir disoproxil fumarate, an active ingredient used in Gilead’ s Viread®, Truvada®, Atripla®, Complera®, and Stribild® medicines. The case settled on the eve of trial, with Gilead’ s competitor agreeing to stay off the market with its proposed generic products until six weeks before expiration of pediatric exclusivity of the patents.
What Others Say
  • “provides excellent advice. He has a tremendous amount of scientific knowledge in the life science area and is well-versed in the law” (Legal 500 2014)
  • “considered excellent because of his ‘ sheer depth of technical knowledge, quick thought processes, keen analytical skills, great memory of details of the matter, and an ability to listen to concerns and meet them’” (Legal 500 2007)
Representative Matters
  • Eli Lilly against Genentech in a patent litigation relating to monoclonal antibodies.
  • Columbia University against Illumina in a patent litigation relating to DNA sequencing products.
  • Gilead against Teva in an ANDA patent litigation relating to Atripla® and Truvada® products.
  • GlaxoSmithKline against Teva in an ANDA patent litigation relating to GlaxoSmithKline’s Avodart® product.
  • Bristol-Myers Squibb against Repligen and Zymogenetics in patent litigations relating to Bristol-Myers Squibb’s Orencia® product.
  • GlaxoSmithKline against Dr. Reddy’s Laboratories, Cobalt Pharmaceuticals and Spectrum Pharmaceuticals in ANDA patent litigations relating to GlaxoSmithKline’s Imitrex® product.
  • G.D. Searle and Pharmacia against the University of Rochester in a patent litigation relating to G.D. Searle and Pharmacia’s Celebrex® product.
  • Regeneron against Genentech in a patent litigation relating to Eylea®.
Events / Publications