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  • vcard
646.289.6513
  • Education
    • J.D., New York Law School, 1995, New York Law School Law Review, Member
    • B.A., Rutgers University, 1992
  • Bar Jurisdictions
    • New Jersey, 1995
    • New York, 1996
    • Admitted to practice before the United States Patent and Trademark Office, 2000
  • Court Admissions
    • U.S. District Court, District of New Jersey, 1995
    • U.S. District Court, Eastern District of New York, 1996
    • U.S. District Court, Southern District of New York, 1996
    • U.S. Court of Appeals, Federal Circuit, 1997
    • U.S. District Court, Northern District of New York, 1999

Tedd Van Buskirk’s commitment to client service and dedication to thoroughness has led to success over the course of his 20-year career.  Tedd is an intellectual property attorney with a life sciences focus and serves clients in the pharmaceutical, medical device, and biotechnology industries. Tedd co-leads the firm's Hatch-Waxman Litigation practice. 

Tedd has extensive experience litigating patent and trademarks, trade secrets, unfair competition, and related antitrust issues. During his career, Tedd's practice has encompassed a variety of technologies, including medical devices, pharmaceuticals, nutraceuticals and supplements, drug delivery devices, foods, chemicals, biologics, consumer products, toys, telecommunications, computer hardware and software, and electronics. He has appeared in tribunals across the nation in all phases of litigation – from filing through trial.

Tedd has litigated and arbitrated dozens of patent cases involving both branded and generic drugs, active pharmaceutical ingredients, food ingredients and supplements, enzymes, gastric bands, breast implants, tissue expanders, livestock technology, and consumer products, among others. He has significant experience counseling clients in and litigating Abbreviated New Drug Application (ANDA) cases arising out of the complex intersection of the patent and FDA laws relating to the Hatch-Waxman amendments to the Federal Food, Drug & Cosmetic Act.

In addition to his litigation practice, Tedd is a registered patent attorney who prepares and prosecutes patent and trademark applications and has handled patent interferences, post grant proceedings, and trademark oppositions. He frequently delivers opinions on the scope, validity, and enforceability of patents. He also counsels established and emerging companies, venture capital and private equity firms, and underwriters in intellectual property licensing and transactional matters.

Tedd is a frequent panelist and speaker at the American Conference Institute's Hatch-Waxman series of events and has published and been quoted in the press on issues affecting the pharmaceutical industry.  

  • Lead counsel for Noven in pending Hatch-Waxman litigation over Lidoderm®.
  • Defended Monsterops, T Nation and Biotest in trademark infringement over the mark “Brain Candy.” Settled with defendants acquiring all rights to marks.
  • Lead counsel for Simonfay Landscape Services in trademark infringement litigation regarding plaintiff’s “Kearney Stone” mark.
  • Lead counsel for Taro in Hatch-Waxman litigation over Vanos® brought by Medicis Pharmaceutical Corp. Achieved favorable settlement of dismissal with prejudice and early generic entry for Taro.
  • Lead counsel for Taro in Hatch-Waxman litigation involving Carbatrol®. Obtained a covenant not to sue and license from Shire LLC.
  • Represented Takeda in Hatch-Waxman litigation to protect Prevacid® SoluTab from generic entry by Teva and Barr.
  • Secured trial verdict and permanent injunction in favor of Takeda in Hatch-Waxman litigation to protect Prevacid® from a challenge by Teva.
  • Lead counsel for Inamed in patent infringement action brought by Dr. Daniel Brauman over textured silicone breast implants.
  • Obtained dismissal of a patent infringement action against API manufacturer Medichem, S.A. and then successfully pursued concurrent judicial and United States Patent and Trademark Office (USPTO) interference actions against Rolabo, S.L. involving loratadine, the active pharmaceutical ingredient in Claritin®.
  • Obtained summary judgment of non-infringement and invalidity on behalf of Alphapharm, Par, PRI and Genpharm against Organon and Akzo Nobel N.V. involving Remeron®. Sucessfully pursued antitrust claims on behalf of clients along with state attorneys general and various class plaintiffs in litigation.
  • Obtained a covenant not to sue from GlaxoSmithKline after seeking a declaratory judgment of non-infringement by Mutual involving Zofran®.
  • Represented Danisco in patent ownership dispute against Novo Nordisk A/S and Novozymes A/S involving enzymes and lipase technology.
  • Represented Mutual and URL in Hatch-Waxman litigation with CollaGenex Pharmaceuticals, Inc., involving Periostat® and as an intervener defendant in a related Administrative Procedure Act case with the Food and Drug Administration.
  • Represented Glaxo in multiple Hatch-Waxman patent infringement litigations against Genpharm, Novopharm, Hoechst Marion Roussel, Chelsea, Torpharm, Apotex and others involving Zantac®.
  • Obtained trial judgment in favor of Pfizer against overseas manufacturers and suppliers of food additives in one of the first reported cases brought under the Process Patent Amendments Act of 1988.
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American Conference Institute
Paragraph IV Disputes Master Symposium
2013
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American Conference Institute
2012
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Top 20 Food and Drug Cases, 2010 & Cases to Watch, 2011, FDLI, Reiss, ed.2010
2011
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K&L Gates Insight
November 11, 2010
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2010
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American Conference Institute
2010
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American Conference Institute
2009
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Law 360
December 12, 2007
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American Conference Institute
2007
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American Conference Institute
2007