Charlotte Jacobsen is a USPTO-qualified, first-chair litigator with advanced scientific degrees and a deep understanding of chemistry, biology and biotechnology. For almost 20 years, Charlotte has represented clients in complex chemical, pharmaceutical and biotechnology patent and licensing disputes. She has been lead trial counsel and won cases in the federal district courts, before the Court of Appeals for the Federal Circuit, and inter partes review proceedings before the Patent Trial and Appeal Board. She also has experience with arbitrations before the American Arbitration Association (AAA) and the International Chamber of Commerce (ICC), and with pre-litigation work having handled comprehensive preparatory investigations for numerous blockbuster drugs.
As a skilled litigator, Charlotte frequently provides strategic advice concerning ongoing patent litigations, including assessing the risks associated with ANDA and other patent litigations for private equity and M&A deals.
In addition, Charlotte is admitted to practice in England & Wales and provides her clients with a unique global perspective. Prior to joining her previous firm, Charlotte practiced as a barrister and handled cases before every venue of importance in the U.K., including the Supreme Court of the United Kingdom. Charlotte also has significant experience with patent oppositions before the European Patent Office, and over the last decade, Charlotte has coordinated multiple international life sciences disputes, skillfully devising and executing global litigation strategies.
Employing her strong foundation in biology and chemistry, Charlotte has handled cases concerning small molecule and biologic therapeutics, platform technologies, methods of treatment, and diagnostic methods. Charlotte’s cases have spanned a broad range of therapeutic areas, including oncology, immunosuppression, contraception, as well as various viral, cardiovascular, and neurological diseases. While obtaining her master’s degree, Charlotte was recognized by the British Academy of Forensic Science for her research into the use of DNA profiling of bears to combat illegal poaching in Canada.
Charlotte regularly speaks and writes on developments in patent law, particularly concerning Hatch-Waxman and BPCIA matters. She is also consistently recognized for her outstanding work by organizations such as The Legal 500 and was recognized as one of The Best Lawyers in America® for her work in Litigation – Intellectual Property. Known for her “rare qualifications and experience among US Practitioners,” Charlotte is one of 13 Gibson Dunn partners named to IAM Patent’s 2022 list of the “world’s leading patent professionals”. Most recently, Charlotte was featured as one of Lawdragon’s 2023 “500 Leading Litigators in America” and listed as a “Life Science Star” by LMG Life Sciences for 2022.
- Representing a pharmaceutical company in a Hatch-Waxman litigation in the District of Delaware concerning the anti-cancer agent ZYDELIG.
- Representing a pharmaceutical company in two Hatch-Waxman litigations in the District of Delaware concerning SYMTUZA, a highly successful HIV treatment.
- Represented a pharmaceutical company in a Hatch-Waxman litigation in the District of Delaware concerning LETAIRIS, a medicine used to treat pulmonary arterial hypertension.
- Representing a global pharmaceutical company in a pre-litigation investigation concerning multiple biologics patents under the BPCIA.
- Represented a pharmaceutical company in two Hatch-Waxman pre-litigation investigations concerning antiviral agents.*
- Represented Genosity in a patent infringement litigation brought by Natera in the District of Delaware concerning genetic testing kits.*
- Represented ArcherDX in patent infringement litigations filed by Natera in the District of Delaware relating to methods of amplifying and sequencing cell-free DNA.*
- Represented a global biotechnology company in a patent licensing dispute in AAA arbitration in New York.*
- Lead counsel representing a global pharmaceutical company in multiple inter partes review proceedings relating to an anti-cancer agent and methods of its use.*
- Lead trial counsel representing a global pharmaceutical company Hatch-Waxman litigation in the District of Delaware concerning the treatment of kidney cancer and pancreatic neuroendocrine cancer.*
- Represented a global pharmaceutical company in inter partes review proceedings concerning a compound patent on an immunosuppressant product.*
- Represented a leading pharmaceutical company in a declaratory judgment suit concerning patents on methods of manufacturing monoclonal antibodies.*
- Lead trial counsel representing a global pharmaceutical company in a Hatch-Waxman litigation in the District of Delaware concerning patents on a transdermal patch product for the treatment of Alzheimer’s disease.*
- Trial counsel representing a global pharmaceutical company in a Hatch-Waxman litigation in the District of Delaware concerning an immunosuppressant product.*
- Trial counsel representing a global pharmaceutical company in a Hatch-Waxman litigation in the District of Delaware concerning a transdermal patch product for the treatment of Alzheimer’s disease and lead counsel in the appeal to the Court of Appeals for the Federal Circuit.*
- Represented an international pharmaceutical company in a Hatch-Waxman litigation in the District of New Jersey concerning an oral contraceptive product.*
- Represented a global biopharmaceutical company in an arbitration before the I.C.C. International Court of Arbitration on a patent license agreement relating to patents on the manufacture of monoclonal antibodies.*
- Represented leading biopharmaceutical companies in Hatch-Waxman litigations in the District of Maryland concerning patents on polymer based pharmaceuticals for the treatment of chronic kidney disease and high cholestrol.*
*Includes matters handled prior to joining Gibson, Dunn & Crutcher LLP
- IAM Patent – “World’s Leading Patent Professionals” (2022)
- Lawdragon – “500 Leading Litigators” (2022)
- LMG Life Sciences – “Life Science Star” (2022)
- The Best Lawyers in America® – Intellectual Property Litigation (2023)
- LMG Life Sciences – “Leading Life Sciences Lawyer” (2019-2021)
- Legal 500 – Patent Litigation, Full Coverage (2018)
- Super Lawyers New York – “Rising Star” (2014-2017)
- Co-author, “The Legal 500: Patent Litigation Comparative Guide” (October 31, 2022)
- Co-author, “Loose Lips Sink Ships: Two Recent District Court Decisions Highlight Some Limits Of The Common Interest Doctrine Both During And In The Settlement Of Patent Litigation” Kluwer Patent Blog (September 23, 2022)
- Co-author, “Is Work From Home a U.S. Venue Work-Around?” Kluwer Patent Blog (January 11, 2022)
- Co-author, “Recent Trends for Section 112 Challenges in PGRs,” Kluwer Patent Blog (December 6, 2021)
- Co-author, “Inconsistent Statements to USPTO and FDA May Render Patents Unenforceable,” Kluwer Patent Blog (November 10, 2021)
- Co-author, “U.S. District Court Adopts Expansive Definition of a BLA ‘Submitter’,” Kluwer Patent Blog (September 20, 2021)
- Co-author, “Carve outs and Causation: Moving Away From Hypothetical Hatch-Waxman Infringement,” Kluwer Patent Blog (August 24, 2021)
- Co-author, “A Cautionary Tale for Assignment of Rights in U.S. Patents,” Kluwer Patent Blog (August 17, 2021)
- Co-author, “U.S. Federal Circuit Continues To Pressure BioPharma For More When It Comes To Functional Claims,” Kluwer Patent Blog (February 19, 2021)
- Co-author, “Hatch-Waxman Venue Issue Still Live After Fed. Circ. Ruling,” Law360 (January 6, 2021)
- Co-author, “Willful Blindness and Enhanced Damages: Is Ignorance Bliss?,” Kluwer Patent Blog (April 6, 2020)
- Co-author, “Does Willful Blindness Beget Enhanced Patent Damages?,” Law360 (February 28, 2020)
- Co-author, “USITC: A Powerful Forum for Biologics Patent Owners,” Life Sciences Intellectual Property Review (October 10, 2018)
- “Ethicon Endo-Surgery, Inc. v. Covidien LP,” Fitzpatrick Case Update (January 14, 2016)
- “Patent Reissue Allows Inventors to Hedge Their Bets,” The National Law Journal (October 2011)
- Speaker, “How do you Successfully Describe and Enable Technological Advances: Is it a Trick Question?” Life Sciences Patent Network Conference (October 5-7, 2021)
- Speaker, “Patent Term Extension Developments in the U.S. and Europe: Examining the Implications of Biogen v. Banner and Deciphering Europe’s SPC Manufacturing Waiver,” ACI’s 19th Advanced Summit on Life Sciences Patents (July 22, 2021)
- Speaker, “Cross-Border IP Protection and Enforcement in a Changing Landscape,” 3rd Annual International IP Summit (October 20-23, 2020)
- Speaker, “Federal Circuit: A Year in Review,” MIP Virtual Life Sciences Forum (September 23, 2020)
- Speaker, “Written Description and Enablement in Antibody Arts: How Has the Scope of Claim Shifted in the U.S., Europe, and Japan?” ACI’s 18th Annual Life Sciences Patents Conference (August 5-6, 2020)
- Speaker, “Willful Blindness and Enhanced Damages: Litigation and Patent Search Policy,” IPO Webinar (April 9, 2020)
- Speaker, “2019 IP Litigation in Review and How New Case Law Affects Your Litigation Strategy,” Managing IP International Women’s Leadership Forum in San Mateo, California (December 3, 2019)
- Speaker, “Doing Business in China,” Roundtable Series, International IP Summit, Boston College Law School (October 17-18, 2019)
- Speaker, “Misdeeds and Major Ramifications for Patent Litigation – A Survey of Recent Case Law Relating to Attorney’s Fees and Consequences of Bad Behavior During Dealmaking, Prosecution and Litigation,” Managing IP Life Sciences Forum (September 18, 2019)
- Speaker, “New §101 Landscape: Exploring the Latest Developments at the PTO and District Court Relative to Patent Eligibility,” 17th Advanced Summit on Life Sciences Patents (May 15-17, 2019)
- Speaker, “The Present State of Paragraph IV Litigation and Its Impact on the Pharmaceutical Industry: Trends, Legal Analyses and Business Prognoses,” 13th Annual Paragraph IV Disputes (April 29-30, 2019)
- Speaker, “How Do We Ensure Effective Protection of Antibodies?,” World IP Review Life Sciences Patent Network Conference (April 25, 2019)
- Speaker, “Year in Review: How New Case Law Affects Litigation Strategy,” Managing Intellectual Property International Women’s Leadership Forum 2018 (December 4, 2018)
- Speaker, “Strategies in Second Medical Use Cases,” World IP Review Life Sciences Patent Network (October 16, 2018)
- Speaker, “Patent Trial & Appeal Board (PTAB) to Give Patent Owners the Last Word,” Ropes & Gray Webinar (August 20, 2018)
- Speaker, “IPR Investigation: Diving into IPR Dos and Don’ts,” Life Sciences Patents/Medical Device & MedTech Patents, American Conference Institute (February 21-23, 2018)
- Speaker, “Plausibility and Second Medical Use Patents,” Innovation in Medicines Conference on Second Medical Uses, University College London/Georgetown Law (February 8-9, 2018)
- Speaker, “Antibody Therapeutics: May I Have Them All?” BIO International Convention (June 15-18, 2015)
- Speaker, “Communication with Key Shareholders: Litigation Communication Strategies for In-House Counsel When Actively Engaged in a Paragraph IV Dispute,” Momentum’s Paragraph IV Litigation Strategy Congress (October 29-30, 2014)