• vcard
  • 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 is a shareholder in the firm's New York office and is a member of the Intellectual Property and Technology Litigation group. 

Mr. Van Buskirk's practice focuses primarily on intellectual property litigation (at both the trial and appellate levels), including patent, trademark, trade secret, unfair competition and related antitrust issues, with an emphasis on pharmaceuticals and medical devices. Over the course of his career, Mr. Van Buskirk's practice has encompassed a variety of technologies, including medical devices, pharmaceuticals, foods, chemicals, biotechnology, consumer products, toys, telecommunications, computer hardware and software, and electronics.  He has appeared in courts across the country in all phases of litigation from filing through trial.

Mr. Van Buskirk 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 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, Mr. Van Buskirk is a registered patent attorney who prepares and prosecutes patent and trademark applications and handles patents interferences, post grant proceedings and trademark oppositions. He also delivers opinions on the scope, validity and enforceability of patents, and counsels established and emerging companies, venture capital and private equity firms, and underwriters in intellectual property licensing and transactional matters.

  • 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.