Robert Smyth, Ph.D.

Bob has prepared and prosecuted thousands of patent applications in the life sciences sector, including complex matters under appeal before the Patent Trial and Appeal Board (PTAB) at the US Patent & Trademark Office (USPTO). He advises on post-grant proceedings in the USPTO including inter partes review, reexamination and reissue applications for pharmaceutical, biological, and diagnostic products. He provides strategic counseling on the creation and development of patent portfolios for branded pharmaceuticals to address issues arising during ANDA litigations. Bob also has expertise in analyzing and preparing Orange Book listings and patent term extensions for branded pharmaceuticals. He also counsels clients in patent matters relating to biosimilars as governed by the Biologics Price Competition and Innovation Act.

In addition, Bob advises on patent due diligence matters in mergers, acquisitions, venture capital financing, and public offerings involving pharmaceutical, biotechnology, and medical device companies. He regularly advises on intellectual property licenses and patent purchase agreements in the life sciences sector.

Prior to joining Morgan Lewis, Bob was a patent agent at a pharmaceutical company where he was responsible for managing the prosecution of patent applications for pharmaceutical and biological products. Bob received his B.S. in biology with a concentration in immunology from Syracuse University. He later received his Ph.D. in pharmacology from Temple University School of Medicine. His doctoral research focused on the use of monoclonal antibodies to drug receptor subtypes to assess their role in cancer cell proliferation. His doctoral research was published in the Journal of Pharmacology & Experimental Therapeutics. He completed his post-doctoral fellowship in virology at the University of Pennsylvania School of Medicine. His post-doctoral research focused on HIV cofactor utilization using HIV subtype chimeras and monoclonal antibodies specific to HIV cofactors. His post-doctoral research was the subject of multiple publications in the scientific journals Nature and Cell.

• Ayala Pharmaceuticals in sale of pharmaceutical assets to Immunome
• Prosecution of Orange Book listed patent for Symbicort
• uniQure N.V. it its acquisition of Corlieve Therapeutics
• Shionogi & Co. in its acquisition of Tetra Therapeutics
• Onspira Therapeutics in its acquisition by Altavant Sciences
• Singular Bio in its acquisition by Invitae
• Acerta Pharma B.V. in patent litigation against Pharmacyclics involving tyrosine kinase inhibitors
• Jazz Pharmaceuticals in its license of PASylation technology from XL-Protein GmbH to develop long acting Asparaginase products
• AstraZeneca in patent term extension for Movantik
• Prosecution of Orange Book listed patent for Pifeltro
• Prosecution of Orange Book listed patents for Calquence
• Acerta Pharma B.V. in its acquisition by AstraZeneca
• Optimer Pharmaceuticals in its acquisition by Cubist Pharmaceuticals
• EUSA Pharma in its acquisition by Jazz Pharmaceuticals
• Optimer Pharmaceuticals in its license of European and Japanese commercialization rights for Dificid to Astellas
• Prosecution of Orange Book listed patents for Dificid
• Prosecution of Orange Book listed patents for Entresto
• Carnegie Institution for Science in prosecution of patents for Nobel Prize in Medicine relating to RNA interference
• Eli Lilly & Company in patent litigation against Genentech involving antibody production
• EUSA Pharma in settlement of litigation relating to patent false marking
• EUSA Pharma in its license of Asparec for acute lymphoblastic leukemia from Alize Pharma
• EUSA Pharma in its acquisition of Collatamp G Implant product
• Profectus BioSciences in the worldwide acquisition of Wyeth's therapeutic and prophylactic DNA and vectored vaccine programs for HIV
• Barrier Therapeutics in patent term extension for Vusion
• Barrier Therapeutics in its acquisition by Stiefel Laboratories
• Cytogen in its acquisition by EUSA Pharma
• Cytogen in settlement of patent litigation against Eastern Virginia Medical School related to PSMA monoclonal antibodies
• Cytogen in its acquisition of Caphosol for oral mucositis from Inpharma AS
• Cytogen in the sale of its joint venture interest in conjugated antibody technology to Progenics