Paul Browning, Ph.D., is a first chair litigator focusing on patent litigation and appeals, primarily in the chemical and pharmaceutical areas, including Hatch-Waxman (ANDA) litigation. He has tried cases before judges in various U.S. district courts and has handled arbitrations and mediations. He also advises on patent portfolio strategy with an eye toward success in litigation.
Paul’s broad litigation experience includes taking and cross-examining witnesses at trial, briefing and arguing dispositive motions, drafting appellate briefs, and arguing cases on appeal. He has also managed day-to-day litigation activities in actions involving multiple parties. In addition to his litigation practice, Paul advises clients on a variety of patent matters, including strategic development of their patent portfolios and coordination of prosecution and U.S. and foreign litigation strategy and related proceedings before the Patent Trial and Appeal Board (PTAB).
Paul frequently lectures on various topics in chemical patent law. He designed laser systems and conducted spectroscopy of small molecules while earning master’s and Ph.D. degrees at the University of Chicago.
Paul devotes a portion of his practice to pro bono matters. He represents military personnel seeking enhanced compensation for injuries received while serving in the military, including injuries received in combat. He also represents veterans in cases before the U.S. Court of Appeals for Veterans Claims and the U.S. Court of Appeals for the Federal Circuit.
Representative Experience:
- Represented Otsuka in 24 related Hatch-Waxman litigations concerning Otsuka’s Ability® tablet products and acted as lead counsel on appeal
- Represented Vifor and American Regent in two Hatch-Waxman Act cases against Mylan and Sandoz regarding their attempts to obtain FDA approval for their respective ANDAs directed to generic copies of Injectafer®. After a six-day bench trial, the cases resulted in a favorable settlement for our clients with a generic entry date well past the expiration of the composition patents.
- Represented Ferring in inventorship litigation, relating to desmopressin pharmaceutical compositions, acting as co-lead counsel at trial.
Updated Sep 2023
