Head Of Intellectual Property Litigation

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Head of Intellectual Property Litigation
The candidate will be initiating kick-off meeting with appropriate personnel; selecting outside counsel; collaborating with relevant operational departments to determine appropriate litigation strategy; implementing litigation strategy in coordination with outside counsel and relevant operational departments; and providing updates to leadership team and relevant operational departments. Confer with the relevant members of LMD to determine whether to pursue alternative dispute resolution (“ADR”) proceedings to resolve potential litigation and oversee such proceedings. Partner with members of the LMD, Legal, Patent and any other applicable business and operational departments to support cross-functional projects and processes, including, for example, the development and implementation of a Litigation Policy and Guidelines and other activities designed to improve departmental processes and procedures. Oversee internal document collection and production, including working with internal staff and outside counsel e-discovery teams. Reviewing correspondence, arguments, memos, and briefs in support of litigation and other adversarial proceedings. Helps drive legal communication plans and strategy implementation across functions/organizational lines. Alongside with the Patent department, responsible for managing select litigations including but not be limited to patent litigations, trademarks litigations solely with potential competition or criminal law impacts; free-riding/passing-off products, products’ illicit promotion (concurrence déloyale, dénigrement, parasitisme), with potential competition law impacts or when the claim/potential claim exceeds or may exceed €2 million. Build, mentor and oversee global intellectual property litigation team to ensure consistent, world-wide intellectual property litigation strategy and implementation. Oversee, manage and support internal and external litigation teams including, among other things: selecting outside counsel; assisting in determining case strategy in collaboration with in-house and outside counsel; supervising day-to-day tasks associated with case management; coordinating and participating in interviews of fact and expert witnesses; collaborating with outside counsel to prepare witnesses for depositions and trial; attending fact and expert depositions; collaborating with internal and outside counsel to select experts and to prepare expert testimony; and preparing for/attending trial. Educate internal stakeholders on discovery issues and obligations and potential impact of generic competition on operations. Provide clear and direct counsel on Hatch-Waxman, biosimilars and related patent, regulatory, exclusivity and forfeiture issues from pre-suit phase through trial and appeal. Oversee analyses of freedom-to-operate, validity, exclusivity, and due diligence; and advising internal clients on those positions in consultation with external counsel. Assist in (i) foreign intellectual property litigations and the day-to-day tasks associated with multijurisdictional litigation teams; and (ii) developing strategies and arguments related to global opposition, invalidation and revocation proceedings. In collaboration with Global Head of Litigation and Director IP, IT & Fight Against Falsification, oversee patent due diligence in connection with mergers and acquisitions and other business and collaboration agreements. Advise leadership team on new intellectual property-related laws, regulations, and intellectual trends affecting the company. Develop and provide internal training to LMD, Legal, Patents and other relevant operational departments on internal policies, patent and related litigation activities, e.g., patent due diligence in connection with life sciences transactions, pharmaceutical patent litigations brought under the Hatch-Waxman Act, attorney-client privilege and work-product immunity, discovery related obligations pursuant to U.S. law and other relevant jurisdictions, etc. Other duties as assigned by Head of Global Litigation. Bachelor of science degree or higher in sciences or engineering. Juris Doctor from an accredited law school and admission to practice as an attorney in one or more national or state jurisdictions. At least fifteen (15) years of law firm and/or in-house counsel experience with a minimum of ten (10) years of experience in intellectual property, patent, Hatch-Waxman or biosimilars litigation. Demonstrated track record in hiring, developing and leading team of in-house attorneys, outside counsel, paralegals and administrative staff in overseeing company representation in intellectual property litigations. Experience in the pharmaceutical/biotech industry or other deeply regulated medical / healthcare area. Federal litigation experience, through trial and appeal, in the pharmaceutical/biotech industry. Strong communication skills and ability to collaboratively interact with US and Global stakeholders and other business and legal partners. Experience with anti-trust or regulatory law. Ability to seamlessly work across business functions and cultures with teams located in multiple time zones and to act independently in a fast-paced environment. Willingness and proven ability to learn and expand legal practice to topics outside current expertise. Detail-oriented with outstanding organization and communication skills. Ability to prioritize, multi-task and work independently, as well as in a team setting, to manage competing deadlines and assignments. High levels of ownership, accountability and pride by lawyers with respect to their work. Ability to work remotely. Willingness to travel as needed including to ex-US locations, e.g., HQ for internal meetings, provide internal training on litigation discovery rules and procedures and attorney-client privilege, attend key court hearings, witness prep and depositions, etc.

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