Patrick H. Higgins is a Member of the firm in the Intellectual Property Group. His practice is on the innovative side of the pharmaceutical industry, identifying, evaluating and leveraging discovery assets toward developing, maintaining and enforcing market exclusivity by employing and balancing the effects of patent and FDA regulatory tools. Patrick’s practice closely involves building and preserving exclusivity as well as freedom to operate opinion work. His practice closely monitors relevant factors concerning ownership, subject matter, enforcement, and regulatory issues to properly effect exclusivity as well as to evaluate and control risk of related antitrust exposure in ANDA litigation.Examples of Mr. Higgins’ recent representations include listing of patents in the FDA Orange Book, evaluation of patents listed in the Orange Book and careful assertion of those patents against third parties and API manufacturers in ANDA litigation matters. Patrick and his team expedite due diligence projects concerning prospective pharmaceuticals and/or biopharmaceuticals in clinical trials, i.e., evaluation of subject matter scope and jurisdiction, current and prospective freedom to operate issues, and the effective term(s) of exclusivity to manage and reasonably expect.
Prior to joining Eckert, Mr. Higgins was a partner at an international law firm in Princeton. Prior to joining private practice, Mr. Higgins served as senior patent counsel for a major pharmaceutical company, where he was responsible for strategic portfolio development, risk evaluation and due diligence matters. Before entering law school, he worked as a research scientist in the industry. Mr. Higgins’ scientific background and knowledge enable him to work with pharmaceutical corporations in leveraging drug discovery assets and resolving freedom to operate issues, as well as evaluating and maintaining market exclusivity. For his work in the industry, he was awarded the Global Director of Research Award from a major pharmaceutical company.
J.D., Widener University School of Law, 1993
B.S., University of Maryland, 1983
M.S., University of Maryland, 1984
Pennsylvania; California; U.S. Court of Appeals for the Federal Circuit; U.S. District Court for the Eastern District of Pennsylvania; U.S. Patent and Trademark Office
American Intellectual Property Association; Biotechnology Council of New Jersey; New Jersey Intellectual Property Law Association; Philadelphia Intellectual Property Law Association
