Brian T. Drummond

Brian Drummond is a partner in Goodwin’s Litigation Department, is a member of the firm’s Intellectual Property Litigation practice and is a member of the firm’s Life Sciences Disputes group. Brian focuses his practice on patent matters, with a concentration on pharmaceuticals and biotechnology. He is an editor and contributor to the firm’s award-winning biosimilars blog, Big Molecule Watch.

Brian has participated in all phases of patent litigation, including pre-suit investigations, fact and expert discovery, several trials in federal courts, and appeals to the Federal Circuit. He has been involved in preparing petitions for inter partes review and defending clients in inter partes review proceedings. Brian also counsels clients regarding litigation strategy and has experience in preparing patent opinions.

Representative matters include:

• Manufacturing Resources Int’l, Inc. v. Civiq Smartscapes, LLC et al. (D. Del.): Representing defendants in patent infringement litigation relating to digital outdoor displays.

• Shire Development LLC v. Actavis Laboratories FL, Inc. (D. Del.): Representing Actavis in a patent infringement litigation filed by Shire involving formulations of mixed amphetamine salts.

• In re: Copaxone 775 Patent Litigation (D. Del.): Represented Teva in patent infringement litigation against multiple generic defendants involving patents directed to a process for manufacturing glatiramer acetate (Copaxone®).

• Impax Labs., Inc. v. Actavis Labs. FL, Inc. (D.N.J): Represented Actavis in a patent infringement litigation filed by Impax involving formulations of levodopa and carbidopa and the treatment of Parkinson’s disease. The case settled favorably after a four-day bench trial.

• GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc. (D. Del.): Representing Teva in patent infringement litigation filed by GSK concerning the drug Coreg® (carvedilol) used for the treatment of chronic heart failure, hypertension, and left ventricular dysfunction following myocardial infarction. After a jury trial, the U.S. District Court for the District of Delaware (Chief Judge Leonard P. Stark) granted Teva’s motion for judgment as a matter of law of no induced infringement.

• In re: Copaxone 40mg Consolidated Cases (D. Del.): Representing Teva in a patent infringement litigation against five generic manufacturers involving patents directed to the treatment of multiple sclerosis with a novel dosing regimen for the drug glatiramer acetate. The case is on appeal to the U.S. Court of Appeals for the Federal Circuit.

• Cadence Pharmaceuticals, Inc., et al. v. Fresenius Kabi USA, LLC (S.D. Cal.): Represented Fresenius in a patent infringement litigation filed by Cadence under the Hatch-Waxman Act in response to Fresenius’s filing of a 505(b)(2) application seeking approval to market a generic version of Cadence’s pain medication, OFIRMEV® (acetaminophen). The case settled favorably before trial.

• Lifehealth, LLC v. Epocal, Inc. (D. W.Wisc.): Represented Epocal in a patent infringement litigation filed by Lifehealth concerning Epocal’s epoc™ blood gas analysis system. The case settled favorably.

• Idexx Labs., Inc. v. Charles River Labs., Inc. (D. Del.): Represented Charles River Labs in a patent infringement litigation involving dried blood spot technology. The case settled favorably.

• In re Bendamustine Consolidated Litigation (D. Del.): Representing Cephalon, Inc. in patent litigation against 18 defendants involving Cephalon’s branded cancer drug, Treanda®, which is indicated for the treatment of certain lymphomas. The U.S. District Court for the District of Delaware (Judge Gregory M. Sleet) issued a final decision in favor of Cephalon, upholding the validity and finding infringement of all patents-in-suit following a six-day bench trial. The case is now on appeal to the U.S. Court of Appeals for the Federal Circuit.

• Mylan Pharmaceuticals, Inc. v. Yeda Research and Development (PTAB): Representing patent owner Yeda Research and Development in an inter partes review proceeding involving patents directed to the treatment of multiple sclerosis with a novel dosing regimen for the drug glatiramer acetate. The case is on appeal to the U.S. Court of Appeals for the Federal Circuit.

• In re: Zoledronic Acid Patent Litigation (D.N.J.): Represented Fresenius Kabi, Gland Pharma Ltd. and USV North America as generic defendants in patent litigation concerning the bone disorder treatment Zometa® (zoledronic acid) brought in the U.S. District Court, District of New Jersey. Favorable settlements were obtained.

• Nautilus Neurosciences, Inc. v. Wockhardt  USA LLC (D.N.J.): Represented defendant Wockhardt in patent infringement action relating to diclofenac potassium. The case settled favorably.

Brian is a member of the Boston Bar Association.

Brian’s pro bono work includes helping unaccompanied refugee minors become U.S. legal residents through immigration proceedings. Brian has also represented indigent defendants pro bono in federal criminal cases.

Prior to joining Goodwin in 2013, Brian was an associate in the Orange County office of Knobbe Martens Olson & Bear, LLP.

While attending law school, Brian was Symposium Editor for the Boston College Environmental Law Review.

• Contributor, “Guide to Biosimilars Litigation and Regulation in the U.S., 2023-2024 ed.,” published by Thomson Reuters, January 2024
• Contributor, “Guide to Biosimilars Litigation and Regulation in the U.S., 2019-2020 ed.,” published by Thomson Reuters, November 2019