Gerald Murphy has practiced in the intellectual property field since 1977 and has prosecuted thousands of patent applications in the areas of chemistry, biotechnology, biopharmaceuticals, therapeutic antibodies, organic chemistry, biochemistry and pharmaceuticals. 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.

Appeals and PTAB Trials

Mr. Murphy has also handled numerous 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 (PTAB) 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.

Arbitration and Expert Witnessing

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.

Training Programs and Lectures

Mr. Murphy started BSKB’s yearly Summer Patent Seminar in 1983 and chaired the seminar until 2016. Mr. Murphy currently chairs BSKB’s annual Post Grant Bootcamp, a 3-day course covering all PTO proceedings affecting issued U.S. patents. Mr. Murphy has also presented lectures to various audiences such as Patent Law Institute, Howard University, and other organizations as detailed below.

Representative Matters

  • Genzyme Therapeutic Prods. Ltd. v. BioMarin Pharm. Inc., 825 F.3d. 1360 (Fed. Cir. 2016), Enzyme Replacement Therapy, CAFC appeal originated from IPR2013-00534, -00537
  • Duke Univ. v. BioMarin Pharm. Inc., 685 F. App’x 967 (Fed. Cir. 2017), decision on remand, IPR2013-00535, Paper 92 (PTAB Jan. 17, 2018), aff’d, No. 2018-1696, 2019 U.S. App. LEXIS 30468 (Fed. Cir. Oct. 11, 2019), Cert. denied (2020), Enzyme Replacement Therapy
  • 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 (PTAB Feb. 19, 2014), PD-L1 and related DNA and antibodies

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