Thomas J. Meloro

Partner

New York
Willkie Farr & Gallagher LLP
787 Seventh Avenue
New York, NY 10019-6099
T 212 728 8248
F 212 728 9248
tmelorowillkie.com

Thomas J. Meloro is Chair of the Intellectual Property Department and a partner in the firm's Litigation Department.  Tom focuses on litigation and adversarial matters concerning patents, trademarks, and trade secrets.  His litigation experience has spanned across technologies and industries ranging from pharmaceuticals to telecommunications, with particular emphasis on pharmaceutical and biologic products, medical products, and consumer products. Chambers USA ranks Tom among the leading individuals practicing in the area of Intellectual Property: Patent in New York. He was also recognized by Best Lawyers in America (2017) for his work in the area of Patent Litigation.

Tom's work  includes counseling on patent validity, enforceability and infringement, as well as intellectual property issues associated with licensing, mergers and other transactions.  Tom represents early-stage entities, small and large cap companies, academic institutions, private equity investors and others in such matters.

Tom has represented a variety of major life sciences and technology companies in litigation matters.  In the pharmaceutical field, Tom has been lead counsel in litigations involving drug products including:
oxycodone (OxyContin), adapelene/benzoyl peroxide (EpiDuo), paricalcitol (Zemplar), dexmedetomidine (Precedex), diclofenac (Cambia), clindamycin/benzoyl peroxide (Acanya), lansoprazole (Prevacid Solutabs), cefdinir (Omnicef), minocycline (Solodyn), mixed amphetamines (Adderall XR), amlodipine besylate (Norvasc), and amoxiclav (Augmentin).

Tom also has significant experience with biologic products, including several trials concerning patents related to recombinant human growth hormone.  His clients prevailed after trial and were awarded a judgment that the patent on biosynthetic ripe human growth hormone was invalid and unenforceable for inequitable conduct.

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Highlights

Thomas J. Meloro is Chair of the Intellectual Property Department and a partner in the firm's Litigation Department.  Tom focuses on litigation and adversarial matters concerning patents, trademarks, and trade secrets.  His litigation experience has spanned across technologies and industries ranging from pharmaceuticals to telecommunications, with particular emphasis on pharmaceutical and biologic products, medical products, and consumer products. Chambers USA ranks Tom among the leading individuals practicing in the area of Intellectual Property: Patent in New York. He was also recognized by Best Lawyers in America (2017) for his work in the area of Patent Litigation.

Selected Significant Matters

  • Purdue Pharma v. Amneal – lead appellate counsel in victory for Amneal affirming invalidity of abuse avoidance oxycodone patent.
  • Abbott  v. Hospira  (Paricalcitol)  – lead trial counsel in U.S. District Court  victory for Hospira in patent infringement case. Court ruled that Hospira’s generic paricalcitol product does not infringe AbbVie’s U.S. patent, ending  multi-year litigation.
  • Hospira and Orion v. Sandoz (Precedex) – lead trial counsel in district court judgment protecting the validity and enforceability of the patent for the active ingredient in the sedative Precedex.
  • Abbott v. Sandoz (Omnicef) – lead trial and appellate counsel in victory for Teva. In an en banc section of the appellate decision, the Federal Circuit sided with Teva concerning standards for establishing infringement of product-by-process patent claims.
  • GSK v. Geneva (Augmentin) – lead trial and appellate counsel concerning the antibiotic Augmentin.  The district court held all seven patents invalid, and the Court of Appeals for the Federal Circuit affirmed the judgment in its entirety in a frequently-cited decision.
  • Takeda v. Teva (Prevacid Solutabs) – lead appellate counsel in noninfringement victory. The appeal followed a district court judgment that Teva’s product does not infringe the Takeda patent. The Federal Circuit affirmed that judgment just one day after the oral argument, clearing the way for Teva to market its product.
  • Pfizer v. Synthon (Norvasc) – lead trial and appellate counsel in victory invalidating patent on amlodipine besylate, paving the way for competition on a $2 billion product.

Selected Professional and Business Activities

Tom has served as President and Director of the New York Intellectual Property Law Association and a founding Executive Committee member of the Hon. William Conner Inn of Court. A frequent speaker, Tom has lectured on antitrust law for Franklin Pierce Law Center’s Advanced Licensing Institute and contributed a chapter on antitrust issues for Aspen Publishing’s Licensing Update.