Patent Agent
Daniel Rivalti, Ph.D., focuses on patent drafting and prosecution as well as strategic patent portfolio development and client counseling in the chemistry, biotechnology, and pharmaceutical fields.
As a registered patent agent, Daniel has extensive experience in handling a wide variety of patent matters before the U.S. Patent and Trademark Office (USPTO) and in several international jurisdictions, including drafting and prosecuting patent applications; navigating reissue and post-grant proceedings; performing patentability, invalidity, and freedom-to-operate analyses; advising clients on prosecution strategies; drafting and filing provisional, utility, design, and Patent Cooperation Treaty (PCT) applications; responding to office actions; and conducting examiner interviews.
Daniel has managed matters involving a wide range of technologies, with many having complex issues concerning solid state forms (polymorphs), including pharmaceuticals, small molecule chemistry, agrochemicals, food science, polymers, and drug delivery systems.
Daniel has extensive research experience. He completed his graduate research at McGill University, after which he completed a post-doctoral fellowship at Florida State University and Virginia Commonwealth University on a research grant from the Bill & Melinda Gates Foundation. Daniel also served as a research assistant professor in the Chemical Development department at Boehringer-Ingelheim. His work has been published in numerous peer-reviewed scientific journals.
Incyte Corp. v. Concert Pharmaceuticals, Inc.
In a rare rehearing proceeding, successfully represented petitioner Incyte in an inter partes review (IPR) challenging the validity of Concert’s patent before the Patent Trial and Appeal Board (PTAB). Continued representation of appellee Incyte before the Federal Circuit and secured a unanimous affirmance of the PTAB’s obviousness determination.
IPR2017-01256, PTAB, Judges Fitzpatrick, Hulse, Yang, Smith, Franklin
19-2011, Fed. Cir., Judges Hughs, Linn, Stark
Bausch & Lomb Incorporated; Bausch & Lomb Ireland Limited; Nicox, SA v. Gland Pharma Limited, et al.
Representing Bausch & Lomb in ANDA litigation involving Vyzulta® (latanoprostene bunod) eye drops for reduction of intraocular pressure (IOP) in patients suffering from glaucoma or ocular hypertension. Bausch & Lomb sought to protect the Vyzulta® franchise against challenges asserted by generic pharmaceutical manufacturers Dr. Reddy’s and Gland.
3:22-cv-04345, D.N.J., Judges Chesler, Kirsch, Shipp
3:23-cv-03463, D.N.J., Judge Kirsch
Concert Pharmaceuticals, Inc. v. Incyte Corp.
Successfully defended Incyte Corp. against a PGR petition related to deuterated versions of the active ingredient in Incyte’s FDA approved Jakafi® product (ruxolitinib), achieving a non-institution decision from the PTAB.
PGR2017-00034, PTAB, Judges Paulraj, Sawert, Snedden
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