Blaine M. Hackman
(he/him/his)
Counsel
| Post-Grant Proceedings
Overview
Blaine Hackman focuses his practice on post-grant proceedings before the US Patent and Trademark Office (USPTO), and related patent litigation, prosecution, and counseling. Blaine regularly represents clients in inter partes review (IPR) and post-grant review (PGR) proceedings before the Patent Trial and Appeal Board (PTAB), with an emphasis on biotechnology and pharmaceutical technologies.
In addition to his active post-grant proceedings practice, Blaine works with clients on the full spectrum of their intellectual property needs. He has experience representing pharmaceutical and biotechnology clients in intellectual property litigation (including Hatch-Waxman proceedings) and advising clients on patent issues, including patentability and freedom-to-operate (FTO) evaluations. He has also prosecuted patents and counseled clients in transactions in a variety of technologies, including small molecule and protein therapies, nanotechnology, diagnostic imaging, and analytical chemistry.
Blaine actively publishes, presents, and provides insights to the media on intellectual property-related issues.
Experience
- Represented petitioner, a clinical stage pharmaceutical company, a PGR challenging a patent claiming therapeutic compounds related targeted protein degradation, which led to patent owner’s disclaimer of the challenged patent.
- Represented petitioner, a clinical stage biopharmaceutical company, in two IPRs challenging to patents related to protein mimetics, which led to a favorable confidential settlement.
- Represented a major biotechnology company as defendant/petitioner in co-pending district court and PGR proceedings relating to a monoclonal antibody therapy, which resulted in entry of adverse judgment in the PGR with cancellation of the asserted patent and dismissal of the district court case.
- Represented a specialty pharmaceutical company as plaintiff/patent owner in co-pending district court Hatch-Waxman litigations and multiple IPR proceedings, which resulted in the denial of institution for all IPRs and favorable district court settlements.
- Represented a major pharmaceutical company in securing a reissue patent in the USPTO covering its blockbuster cancer treatment.
- Advised a major investor in pharmaceutical and biotechnology royalty streams on patent issues for several transactions.
Activities
- Patent Trial and Appeal Board (PTAB) Bar Association
- American Chemical Society
Recognition
- Named to the list of New York Rising Stars by Super Lawyers (2017-2022)
- Recognized by Licensing Executive Society International Journal, les Nouvelles, for publishing an Article of the Month (2014)
- Dow Chemical Foundation Scholar, Harvey Mudd College