Gerald M. Murphy, Jr.


Birch, Stewart, Kolasch & Birch, LLP
Suite 100 East
8110 Gatehouse Road
Falls Church, VA 22042
Telephone: +1-703-205-8000
Facsimile: +1-703-205-8050
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Gerald Murphy has practiced in the intellectual property field for over 36 years, and has prosecuted numerous patent applications in the areas of biotechnology, biopharmaceuticals, therapeutic antibodies, organic chemistry, biochemistry and pharmaceuticals. Mr. Murphy has also handled a number of Post-Grant Review matters and appeals within the U.S. Patent and Trademark Office. He has presented oral arguments before the U.S. Board of Patent Appeals and Interferences and the Patent Trial and Appeal Board on a number of occasions and has represented clients in a variety of post grant matters, including inter partes reviews, interferences and reexaminations. He has personally participated in over 35 patent interferences and trials before the PTAB, including related appeals to the Court of Appeals for the Federal Circuit.

Mr. Murphy has counseled clients and prepared numerous opinions analyzing patent validity and infringement issues, managed worldwide patent portfolios and lectured before international audiences on U.S. patent law and case law developments. Mr. Murphy served as the sole arbitrator in two arbitrations involving patent and licensing issues in the fields of DNA diagnostics and therapeutic monoclonal antibodies and has served as an expert witness in patent infringement litigations and an arbitration involving a patent license agreement.

Mr. Murphy chairs BSKB's annual Post Grant Bootcamp.

Articles & Presentations

Speaking Engagements & Recognitions

Representative Matters

  • Genzyme Therapeutic Products Ltd. v. BioMarin Pharmaceutical Inc. [IPR Nos.
    2013-00534 and -00537] 119 USPQ2d 1022 (Fed. Cir. 2016) – Enzyme Replacement
    Therapy for Pompe Disease
  • BioMarin Pharmaceutical, Inc. v. Duke University, IPR2013-00535 (PTAB 2015) –
    Enzyme Replacement Therapy for Pompe Disease
  • Chen (Mayo) v. Freeman (Dana-Farber) and Chen (Mayo) v. Kingsbury (Dana-Farber),
    Interference Nos. 105,872, 105,884, 105,885, 105,887 and 105,901, Decision on Priority,
    February 19, 2014 (PTAB 2014) – DNA, Protein and Antibodies related to Progammed
    Death-Ligand 1 (PD-L1)