Gibbons Institute of Law, Science & Technology Files Amicus Brief in "Pay-for-Delay" Case Before Supreme Court

We previously reported on the battle over so-called “pay-for-delay” settlements, which puts the pharmaceutical industry versus the Federal Trade Commission (“FTC”) before the Supreme Court, to decide the legality of reverse payments in Hatch-Waxman cases. The case is FTC v. Actavis, Inc., et al.

Last week, the Gibbons Institute of Law, Science & Technology, among 16 other amici, filed briefs in support of respondents and the lawfulness of these payments. The other amici included: Antitrust Economists; Bayer AG and Bayer Corp.; Health Economics and Law Professors; Mediation and Negotiation Professionals; Law Professors Gregory Dolin, Kent Bernard, et al.; The American Intellectual Property Law Association; Enavail, LLC; The Generic Pharmaceutical Association]; Intellectual Property Owners Association; Merck & Co., Inc.; National Association of Manufacturers; Pharmaceutical Research and Manufacturers of America (Phrma); New York Intellectual Property Law Association; Shire plc; Washington Legal Foundation; Generic Manufacturers Upsher-Smith Laboratories, Inc.; Teva Pharmaceuticals USA, Inc.; Ranbaxy Pharmaceuticals, Inc.; Mylan Pharmaceuticals Inc.; and Impax Laboratories, Inc.

The next stop: oral argument before the Supreme Court on March 25. Stay tuned . . . .


Jillian A. Centanni is an Associate in the Gibbons Intellectual Property Department.

IP Department Chair David De Lorenzi Recognized for Firm's IP Growth and Gibbons Institute of Law, Science & Technology

David De Lorenzi brings enthusiasm and creativity to any undertaking, be it building and directing the highly regarded Intellectual Property Department at Gibbons P.C., creating and overseeing the firm's Apprenticeship Program, or helping develop and lead the Gibbons Institute of Law, Science & Technology at Seton Hall University School of Law.

It is his dedication to Seton Hall Law, in fact, that led to his current feature in Health Law and Intellectual Property Law Highlights, the quarterly publication of the Seton Hall Law Center for Health & Pharmaceutical Law & Policy. Highlighting how Mr. De Lorenzi has helped nurture his firm's uniquely close relationship with the law school, the article discusses how his work with the Gibbons IP Department feeds his ideas for the Gibbons Institute, and how his ongoing involvement with the institute in turn benefits the firm's clients.

Mr. De Lorenzi has been one of the driving forces behind the Gibbons Institute, which the firm endowed with $1 million to launch in 2007. The Institute trains students and professionals in intellectual property law to better meet the needs of industries facing cutting-edge technological and associated legal challenges, and it engages the local bar with continuing education programs and networking opportunities. The magazine article notes Mr. De Lorenzi's ongoing involvement on the Gibbons Institute Advisory Board and the Institute's contribution to raising the profile of Seton Hall Law in the intellectual property law arena.

The profile of Mr. De Lorenzi appears on the Seton Hall Law web site and can be viewed here.

Gibbons Institute Presents, "The Future of America's Innovation Economy," Event Featuring David Kappos & Q. Todd Dickinson - February 23, 2011

Last Chance to Register!

The Gibbons Institute of Law, Science & Technology, Seton Hall University School of Law, and New Jersey Intellectual Property Law Association present, "The Future of America’s Innovation Economy - Progress and Challenges at the USPTO," event featuring David Kappos, Under Secretary of Commerce for Intellectual Property and Director of the USPTO, and Q. Todd Dickinson, Former Director of the USPTO and the current Executive Director of the AIPLA.

This event will be held at Gibbons Newark office (One Gateway Center, 21st floor) on Wednesday, February 23, at 4:00 pm. CLE credits for New York and New Jersey will be offered, with pending approval for Pennsylvania credits. The cost to attend this event is $25 and includes CLE credits, food and beverage.

To register, call (908) 533-3188 or click here.

Former Judge Paul Michel to Speak at Upcoming Fall Lecture Series Event

A Message from the Chair, David E. De Lorenzi:

David E. De Lorenzi  Attorney at Law On Tuesday, October 5, 2010, at 6:00 pm, the Gibbons Institute of Law, Science & Technology and the New Jersey Intellectual Property Law Association (NJIPLA) will host the 8th Annual Fall Lecture Series, "Inventing Our Way Out of Joblessness," featuring The Honorable Paul R. Michel, Former Chief Judge of the U.S. Court of Appeals for the Federal Circuit. Additional speakers include:

  • Briana Bergen, Bristol-Myers Squibb
  • Caren Khoo, Verizon Corporate Services Group Inc.
  • David Opderbeck, Associate Professor of Law, Seton Hall University Law School
  • Daniel Shulman, Pactiv Corporation

This event will be held at the Newark Club, located adjacent to Seton Hall Law School, in Newark, New Jersey. For additional event details, please click here.

As discussed in my previous blog, "Former Judge Paul Michel Discusses Proposed Changes to US Patent System," Judge Michel spoke, for the first time since his retirement, at the Global Intellectual Property Center of the U.S. Chamber of Commerce on July 21, 2010, providing commentary on the current state of the nation's patent system and how the system can be improved to bolster US economic growth. He will discuss similar topics on October 5.


David E. De Lorenzi is Chair of the Gibbons Intellectual Property Department.