Markman Advisors is frequently retained by investors seeking insight into pending patent litigations. Our clients include buy-side analysts, sell-side analysts, hedge funds, family offices, individual investors, among others.
Patent litigation is not brain science, but it is an esoteric, counter-intuitive process. We do the following for our investor clients:
- We contextualize and educate the patent-litigation process. We assist with understanding what is important to case outcomes, as well as what is not important.
- We provide predictive assessment of case outcomes, which is based upon our first-hand experience litigating infringement and invalidity issues before District Courts, the Federal Circuit and the Patent Office.
- We regularly advise clients on milestone litigation events, including the outcome of an IPR (inter partes review), a Markman hearing, a summary judgment motion, a bench or jury trial decision, a Federal Circuit appeal, and so forth. Our experience and consulting runs the gamut of the entire patent litigation process.
- We understand that the timing of a court decision can be just as important as the outcome of that decision. We have developed unique methods for predicting the timing of litigation events.
- We provide our clients with access to our proprietary software that tracks, in real time, litigation events in District Court (LitigationAlpha ®) and in IPR proceedings in the Patent Office (IPR Alpha).
- We regularly attend court hearings and trials and provide real-time analysis from the courtroom.
We tailor the form of our analysis to the preferences of our clients. Our work-product ranges from written reports to oral presentations to on-demand conference calls. We have assembled a repository of past, written reports on specific litigation events. Many of these past reports are available for viewing, and they demonstrate the depth, scope and distinction of our analysis. Please contact us to learn more.
Our primary consulting focus is pharmaceuticals. We have extensive experience consulting on small-molecule cases under the Hatch-Waxman Act and biologics cases under the BPCIA (Biologics Price Competition and Innovation Act.) We frequently consult on issues specific to pharmaceuticals, including factors affecting enjoining a generic drug, the bench trial process for Hatch-Waxman cases, the patent dance for biosimilar cases, and the frequent interplay between District Court litigation and parallel IPR proceedings.
We have consulted on patent issues related to the following pharmaceutical drugs:
Humira® (AbbVie, $ABBV)
Revlimid® (Celgene, $CELG)
Repatha® (Amgen, $AMGN)
Praluent® (Regeneron, $REGN/Sanofi, $SNY)
Remicade® (Janssen, $JNJ)
Enbrel® (Amgen, $AMGN)
Xyrem® (Jazz Pharmaceuticals, $JAZZ)
Treanda® (Teva, $TEVA)
Cubicin® (Cubist, $CBST)
Angiomax® (The Medicines Company, $MDCO)
Gralise® (Depomed, $DEPO)
Neupogen® (Amgen, $AMGN)
Sovaldi® (Gilead, $GILD)
We also regularly consult on high-tech patent litigations, including for the following companies:
Arista Networks ($ANET)
Palo Alto Networks ($PANW)
RPX Corp. ($RPXC)
Acacia Research ($ACTG)
Related: Markman Advisors Newsletter, March 2016: A Report on Patent-Based Event-Driven Investing For 2016.