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Anne Y. Brody

Anne
Brody

Of Counsel

CONTACT INFO

abrody@gibsondunn.com

TEL:+1 949.451.4192

FAX:+1 949.475.4693

Orange County

3161 Michelson Drive, Irvine, CA 92612-4412 USA

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PRACTICE

Intellectual Property Antitrust and Competition Life Sciences

BIOGRAPHY

Anne Y. Brody, Ph.D. is Of Counsel in the Orange County Office of Gibson Dunn. A member of the firm’s Intellectual Property and Life Sciences Practice Groups, Dr. Brody focuses on intellectual property and antitrust-pharma litigations. Her cases involve a range of therapies and technologies, including genetically modified T-cell therapy, biologics, peptide drugs, small molecules, and diagnostic methods. She also assists clients with corporate transactions involving intellectual property rights, including asset purchase, licensing, and settlements.

Before joining Gibson Dunn, Dr. Brody was a research scientist developing new diagnostic tools and tests. She earned a Bachelor of Science degree in chemistry with high honors from University of California, Berkeley and a doctorate degree in chemistry from California Institute of Technology. Her thesis work involved protein engineering, synthetic biology, and the development of microchips for these studies.

Dr. Brody is a member of the Howard T. Markey Intellectual Property Inn of Court in Orange County. She is admitted to practice before the U.S. Patent and Trademark Office. She also has served as a Volunteer Deputy District Attorney in the Trial Attorney Partnership Program with the Orange County District Attorney’s Office.

Representative Intellectual Property and Antitrust-Pharma Litigation Matters

  • Obtained summary judgment in favor of our client (global pharmaceutical company) in which the Court found that the plaintiff was estopped from correcting inventorship and/or claiming ownership of our client’s patents on a low-dose treatment using a small peptide drug.
  • Counsel for American pharmaceutical company in patent infringement litigation and inter partes reviews of patents on protein vaccines and vaccination protocols.
  • Member of a trial team for a global pharmaceutical company in a consolidated Hatch-Waxman case involving a lower dose formulation and obtained judgment that the asserted patent claims were not invalid and were infringed, which was affirmed by the Federal Circuit.
  • Representing Agilent Technologies in patent infringement litigation and inter partes reviews of patents related to mass spectrometers and methods of use.
  • Obtained favorable settlement for our client (global pharmaceutical company) in a federal antitrust litigation involving Sherman Act Section 1 claims, sham litigation, product-hopping, and Walker Process fraud involving a higher dose formulation.
  • Member of a trial team for a French multinational pharmaceutical company that obtained dismissal of a federal False Claims Act case in which the underlying patent-at-issue involved a biologic Lovenox, which was affirmed by the Ninth Circuit.

Representative Intellectual Property Transaction Matters:

  • Settlement agreements involving assignment and/or licensing of patents and trade secrets.
  • Asset purchase and license agreements involving trademarks, patents, and copyrights.
  • IP diligence for corporate transactions.

EDUCATION

University of Southern California - 2007 Juris Doctor

California Institute of Technology - 2002 Ph.D.

University of California - Berkeley - 1996 Bachelor of Science

ADMISSIONS

California Bar

RECENT PUBLICATIONS

Article - December 6, 2021 | Ten Years Post-Therasense: Closing the Gap Between Walker Process Fraud and Inequitable Conduct
Article - May 19, 2021 | Courts Are Aligning Patent Fraud, Inequitable Conduct Claims
Article - June 20, 2017 | Update on Discovery of Patent Prosecution Communications
Article - July 1, 2016 | Shifting Expert Fees in Intellectual Property Litigation
Article - January 1, 2016 | Damages for Infringement of a Pharmaceutical Patent: A Novel Analysis
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