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 and/or PTAB proceedings involving biologic and small-molecule drug products including: trastuzumab (Herceptin), bevacizumab (Avastin), mometasone (Nasonex), EPO (Epogen), ertapenem (Invanz), oxycodone (OxyContin), adapelene/benzoyl peroxide (EpiDuo), paricalcitol (Zemplar), dexmedetomidine (Precedex), diclofenac (Cambia), lansoprazole (Prevacid Solutabs), cefdinir (Omnicef), mixed amphetamines (Adderall XR), amlodipine besylate (Norvasc), and amoxiclav (Augmentin).

In addition to his extensive first-chair experience in district court and PTAB proceedings, Tom regularly argues appeals in the U.S. Court of Appeals for the Federal Circuit. Among his recent appellate successes, Tom obtained a precedential victory for Hospira involving key aspects of the Biologics Price Competition and Innovation Act, obtained affirmance of a judgment of invalidity of a patent regarding Invanz, and affirmance of a judgment of non-infringement concerning a Nasonex patent.  

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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

  • Amgen v. Hospira – lead appellate counsel in victory for Hospira in a case of first impression before the Federal Circuit involving the statutory framework for biologic drug products.
  • Merck v. Amneal (Nasonex) – lead appellate counsel for Amneal in victory affirming non-infringement judgment.
  • Merck v. Hospira (Invanz) – lead trial and appellate counsel in victory for Hospira concerning invalidity of process patent.
  • Purdue Pharma v. Amneal (OxyContin) – 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.

Publications / News / Events

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