New York City, New York 10036
United States
Dr. Brivanlou
is a partner in the Intellectual Property Practice Group in the New York Office. Her practice focuses on biotechnology, pharmaceutical and chemical patent law, specializing in patent prosecution, client counseling, due diligence and patent litigation. Her practice concentrates on biologics, including immunotherapeutics, genomics, bioinformatics, vaccines, and small molecule pharmaceuticals. She has significant experience in developing patent portfolios particularly relating to biologics, antibody therapeutics, and diagnostics. Her experience includes complex reexaminations and interferences before the United States Patent and Trademark Office and advising on foreign opposition proceedings. She has extensive experience conducting patent invalidity and freedom to operate analyses and pre-litigation, including pre-Hatch-Waxman litigation, investigations.
Dr. Brivanlou also has extensive transactional experience, counseling clients on intellectual property aspects of a wide range of transactions from technology transfer and out licensing to multi-million dollar asset purchases and financings. In connection with these transactions, she has conducted extensive due diligence and has drafted and negotiated licensing and purchase agreements as well as disclosure documents in connection with public and private financings.
Representative Experience:
Primary intellectual property counsel to a private investment fund in connection with significant royalty stream acquisitions and financings;
Recently represented a major pharmaceutical company in litigation and reexamination proceedings related to plasma screening technology, which settled favorably;
Represents a private biotechnology company in developing patent portfolio relating to immunotherapeutics;
Represents a major pharmaceutical company in patent prosecution and counseling relating to small molecule pharmaceuticals, including approved products and products in late stage clinical trials, for cardiovascular indications;
Represents a foreign pharmaceutical firm in patent prosecution and counseling relating to RNAi therapeutics; and
Currently represents and has represented a major pharmaceutical company and private biotechnology companies in administrative and court challenges against the USPTO relating to patent term adjustment calculations.
Dr. Brivanlou presents to conferences and in house counsel on various patent law issues. She recently co-organized a conference at the Banbury Center of Cold Spring Harbor Laboratory, “Patenting Genes: New Developments, New Questions” (April 22-25, 2012).
Dr. Brivanlou is admitted to the bar of the State of New York , the U.S Court of Appeals for the Federal Circuit, and the U.S. District Courts for the Eastern and Southern Districts of New York. She is registered to practice before the U.S. Patent and Trademark Office. Dr. Brivanlou is a member of the American Bar Association, American Intellectual Property Law Association, New York Intellectual Property Law Association and Licensing Executives Society.
Prior to joining King & Spalding, Dr. Brivanlou was a partner at Jones Day and, before that, an associate and then partner at Pennie Edmonds. Dr. Brivanlou received her A.B. Degree in Biology, magna cum laude, from Cornell University, along with a Ph.D. Degree in Molecular Biology from the University of California, followed by her J.D., cum laude, from Harvard University.
Areas of Practice | 1) Intellectual Property , 2) Healthcare Industry , 3) IP Tech Center , 4) Women in IP , 5) Energy Intellectual Property , 6) Patents , 7) Pharma Emerging Companies , 8) Pharma Intellectual Property and 9) Emerging Growth |
Law School | J.D., cum laude, Harvard University |
Education | A.B., magna cum laude, Cornell University |
Bar Member / Association | State bar of New York |
Most recent firm | King & Spalding LLP |
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Ms. Fitzgerald represents employers in a wide range of industries, including the entertainment, financial services, hospitality, manufacturing, retail, and transportation industries.