Robert F. Green is a founding partner of Green, Griffith & Borg-Breen LLP. He practices IP law exclusively, with a concentration in pharmaceutical, biochemical and chemical litigation and opinions.
Mr. Green has represented clients under the Hatch- Waxman Act since it was passed in 1984. As lead counsel in Hatch-Waxman litigation, he has litigated patents covering over 40 drug products, serving both plaintiffs and defendants. Mr. Green has argued over a dozen pharmaceutical patent appeals before the Federal Circuit Court of Appeals. He has broad experience managing patent portfolios, counselling and rendering opinions on patent validity and infringement. He also specializes in formulating patent strategies in the pharmaceutical field for both brand and generic pharmaceutical companies.
Since founding Green Griffith, Mr. Green successfully defended Dexcel against alleged infringement of Takeda’s Orange Book-listed patents for lansoprazole delayed-released orally disintegrating tablets (“ODT”). As a result of this ruling, Dexcel launched the first lansoprazole ODT product sold Over-The-Counter (“OTC”) in the US market.
In addition, Mr. Green has been instrumental in obtaining favorable settlements for Horizon Pharma in litigations related to Abbreviated New Drug Applications filed by various generic drug companies. Mr. Green also was counsel for Cipla in litigation relating to Cipla's ANDA that sought approval to market a generic equivalent to Helsinn's Aloxi® palonosetron product. That litigation settled with a favorable generic product entry date.
Mr. Green previously was Vice President of Leydig, Voit & Mayer, the inside Patent Counsel for Celanese Chemical Company, and the inside counsel for the U.S. chemical division IP counsel for Akzona (now AkzoNobel). Mr. Green’s successes include many from which his clients were awarded market exclusivity, including the products Zantac®, OTC omeprazole tablets, Plendil®, and Platinol®.