L. Scott Burwell

Partner

Scott Burwell is an experienced intellectual property litigator. He focuses his practice primarily on Hatch-Waxman (ANDA) litigations, as well as other pharmaceutical and biotechnology-related disputes. He has broad experience in all facets of litigation, including bench and jury trials in federal district courts and appellate practice before the U.S. Court of Appeals for the Federal Circuit.

For more than 15 years, Mr. Burwell has represented pharmaceutical companies on matters involving blockbuster drugs such as Prozac^®, Zyprexa^®, Evista^®, Strattera^®, and Enbrel^®. Mr. Burwell also regularly publishes and lectures concerning various issues of patent law, and has been an adjunct professor at Howard University School of Law teaching patent law and public policy courses since 2007. In Managing IP Handbook 2012, the publication recognized him as "a fantastic writer – someone who can take sometimes very abstract scientific principles and truly abstract intellectual property principles, and reduce that to a written document that is clear, concise and understandable." 

Highlights

• Alzheimer's Institute of America, Inc. v. Avid Radiopharmaceuticals (E.D. Pa.). Represented Avid in suit brought by patent owner of technology used in searching for drugs to treat Alzheimer's Disease (AD). Jury verdict for Avid on issue of inventorship and patent ownership in April 2012. The trial disposed of a series of suits by AIA against numerous companies engaged in AD research.
• Eli Lilly and Co. v. Actavis Elizabeth LLC (D.N.J., Fed. Cir.). Represented Lilly in district court and Federal Circuit in suit to prevent generic competition for the ADHD drug Strattera^®. Adverse judgment on issue of validity stayed pending appeal and ultimately reversed by the Federal Circuit.
• Eli Lilly and Co. v. Teva Pharmaceuticals USA, Inc. (S.D. Ind., Fed. Cir.). Represented Lilly in district court and Federal Circuit in action to prevent generic competition with respect to osteoporosis drug Evista^®. Two of three patent families in suit found valid and infringed.
• Eli Lilly and Co. v. Zenith Goldline Pharmaceuticals, Inc. (S.D. Ind., Fed. Cir.). Represented Lilly in district court and Federal Circuit in action to prevent generic competition with respect to antipsychotic drug Zyprexa^®. Judgment for patentee on all issues affirmed on appeal.
• Member of the Advisory Board of Bloomberg BNA's Pharmaceutical Law and Industry Report.

Professional Activities

• Virginia State Bar
• District of Columbia Bar
• American Intellectual Property Law Association
• American Bar Association

Select Publications

• Coauthor. "Supreme Court to Decide Future of Gene Patents," BNA's Life Sciences Law & Industry Report, May 5, 2013.
• Coauthor. "Useful in the United States, But Not in Canada: Divergent Applications of the Statutory Utility Requirements," Bloomberg Law Reports, Oct. 3, 2011.
• "MedImmune v. Genentech: Can a Licensee Challenge the Validity of a Patent It Has Licensed without First Breaching the Agreement?" BioPharm International, Oct. 2006.
• Coauthor. "Biotechnology Law 2003," in Biotechnology Law: Biotechnology Patents & Business Strategies, Practising Law Institute, 2003.