Thomas L. Irving
Tom Irving has nearly 40 years of experience in the field of intellectual property law in Finnegan's D.C. and Brussels offices. His practice includes due diligence, patent prosecution, reissue and reexamination, patent interferences, and counseling, including prelitigation, Orange Book listings of patents covering FDA-approved drugs, and infringement, enforceability, and validity analysis in the chemical/pharmaceutical fields, as well as litigation. He has been involved as lead counsel in numerous patent interferences, reissues, and reexaminations, and has also served as an expert witness in patent litigation.
Mr. Irving has been involved in every facet of several U.S. district court litigations, thus enhancing his ability to render advice in due diligence, enforceability, infringement, validity, and patent prosecution areas. Outside of the patent law field, he has been involved in public health and safety issues related to the preparation of Citizen Petitions before the FDA.
Mr. Irving has served for more than 15 years as principal teacher of the PRG Chemical Patent Practice course, a comprehensive U.S. chemical patent law course taught three times a year, and he coauthors the multi-volume treatise used in the course. He originated PRG's Orange Book and Due Diligence courses. He presents analyses of U.S. Court of Appeals for the Federal Circuit patent decisions for many state bar association groups and is a frequent speaker at national bar association meeting such as the American Intellectual Property Law Association (AIPLA), Intellectual Property Owners Association, and American Bar Association. Mr. Irving has lectured at many law schools in both the United States and China. He also has lectured at the Cold Spring Harbor National Laboratory graduate school, the Patent Office of the State Intellectual Property Office (SIPO) of the People's Republic of China, and regularly lectures for Strafford Webinars.
- Successfully prosecuted the anti-cancer taxane small molecule interference Chen v. Bouchard, prevailing both at the U.S. Patent and Trademark Office Board and the Federal Circuit.
- Successfully reissued the patent for the low molecular weight heparin drug, Lovenox®, a blockbuster product.
- Extensively involved in counseling, due diligence, prosecution and prelitigation for other matters involving blockbuster drugs as Pulmicort®, Respules®, Taxotere®, Eloxatin®, Lantus®, Crestor®, and Allegra®, as well as Apidra®, Epiduo Gel®, Rilutek®, Ramipril®, Duexis®, and Viracept®, and other drugs such as Rimonabant®, Lorcaserin®, HMPL 0004®, and BG-12® in clinical trials prior to FDA approval.
- Selected by his peers for inclusion in The Best Lawyers in America, 2005-2013.
- AV® rated by Martindale-Hubbell.
- Recognized as a leading patent prosecutor in the D.C. area by Intellectual Asset Management, 2012.
- Listed in LMG Life Sciences as an Intellectual Property: Life Sciences Star, 2012.
- AIPLA (chair, Chemical Practice Committee, 1991; and member, Board of Directors, 1992-1994)
- Institute of Intellectual Property and Social Justice, Howard University School of Law (co-chair, 2008 - present)
- Coauthor. "America Invents Act Effects on Litigation," IP Litigator, May/June 2013.
- Coauthor. "Top Five Dangers for the AIA Unwary," Landslide, May/June 2013.
- Coauthor. "Comparison of AIA Post-Grant Review & European Oppositions," Managing Intellectual Property Chinese Edition, March 2013.
- Coauthor. "AIA Post-Grant Review and European Oppositions: Will They Work in Tandem, or Rather Pass Like Ships in the Night?" North Carolina Journal of Law & Technology, Fall 2012.
- Coauthor. "Whither Therasense? " China IP News, May 16, 2012.
- Coauthor. "Highlights of U.S. Patent Law Reform," China IP News, Feb. 8, 2012.
- Coauthor. "Understanding the America Invents Act," ABA-IPL 27th Annual Intellectual Property Law Conference, Feb. 1, 2012.
- Coauthor. "A Panacea for Inequitable Conduct Problems or Kingsdown Version 2.0? The Therasense Decision and a Look into to the Future of U.S. Patent Law Reform," Virginia Journal of Law & Technology, Fall 2011.
- Coauthor. "A Hindsight-Averse Application of Lead Compound Case Law," Law360, Aug. 24, 2011.
- Coauthor. "Lead Prior Art Methodology: Applying Lead Compound Case Law to Other Disciplines for Enhanced Objectivity," Santa Clara Computer & High Technology Law Journal, Feb. 2011.