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Brett A. Postal Member
Overview

Brett A. Postal has a wide range of experience across intellectual property law with a particular focus on the chemical, pharmaceutical, biological, and life science technologies. Mr. Postal’s work encompasses a broad spectrum of intellectual property matters, including patent litigation (in both district and appellate court), post-grant proceedings, client counseling, patent prosecution, and opinion work.

Mr. Postal has been a member of numerous litigation teams, handling matters in district courts throughout the country as well as before the United States Court of Appeals for the Federal Circuit. Mr. Postal has represented a number of pharmaceutical clients in Hatch Waxman cases, including matters involving fentanyl buccal tablets, modafinil, isotretinoin, rivastigmine, levalbuterol tartrate, olopatadine, and glatiramer acetate. Mr. Postal’s work spans the entire litigation cycle, including pre-litigation work, fact discovery, expert discovery, trial, and appeal. Mr. Postal also has experience with post-grant proceedings, including the complexities associated with handling parallel proceedings before the Patent Trial and Appeal Board as well as United States federal courts.

Mr. Postal also has experience preparing and prosecuting patent applications across a wide array of technologies. Mr. Postal has drafted and prosecuted patent applications involving small and large molecule pharmaceuticals, medical devices, polymer chemistry, catalytic chemistry, liquid crystal technology, organic cleaning products, inorganic glasses, light emitting diodes, photovoltaic devices, semiconductors, computer software, agricultural devices, mechanical devices, and food products.

In addition to his litigation and prosecution work, Mr. Postal also has experience in client counseling. Mr. Postal has helped clients develop and manage patent portfolios, as well as performing patentability opinions, freedom-to-operate opinions, IP due diligences, patent litigation assessments, and patent valuations.

Mr. Postal has been recognized for his work and was named a Washington DC Super Lawyer “Rising Star” in 2014 and 2017-2019. Additionally, Mr. Postal was named a “Rising Star” by Managing Intellectual Property in 2018/2019.

Prior to joining Rothwell Figg, Mr. Postal graduated from The George Washington University Law School with honors in 2011. During law school, Mr. Postal was a member and note editor of The American Intellectual Property Law Association (AIPLA) Quarterly Journal, a member of The George Washington University Law School Moot Court Board, and a Dean’s Fellow and Writing Fellow in The George Washington University Law School’s legal writing and research program.

In 2008, Mr. Postal graduated magna cum laude from the University of Pittsburgh with a Bachelor of Science degree in Chemistry with a Business Certificate as well as a Bachelor of Arts degree in Philosophy. While an undergraduate student, Mr. Postal worked in the research laboratory of Dr. Amy Wagner conducting research on neurochemical biomarkers. Mr. Postal is a native of the DMV (D.C.-Maryland-Virginia) area and is a dedicated fan of D.C.’s sports teams.

Experience

Representative Litigation Matters:

Unverferth Mfg. Co., Inc. v. Norwood Sales Inc.,
Civil Action No. 18-cv-00053 (D.N.D.)

In re Copaxone ’775 Patent Litigation,
Civil Action No. 16-cv-01267 (D. Del.)

Valspar Sourcing, Inc. v. PPG Industries, Inc.,
Appeal Nos. 2016-1406, 2016-1409, 2018-1462, 2018-1463

Unverferth Mfg. Co., Inc. v. J&M Mfg. Co., Inc.,
Civil Action No. 16-cv-02282 (N.D. Ohio)

Beckmann (Daimler AG) v. Gandhi (Ford Global Techs., LLC),
Appeal No. 2015-1765 (Fed. Cir.)

In re Copaxone 40 mg Consolidated Cases,
Civil Action No. 14-cv-01171 (D. Del.); and
Appeal No. 2017-1575 (Fed. Cir.)

Cipher Pharmaceuticals, Inc. v. Actavis Inc.,
Civil Action No. 13-cv-06502 (D.N.J.)

In re Lithium Silicate Materials and Products Containing the Same,
Investigation No. 337-911 (ITC)

Unverferth Mfg. Co., Inc. v. Par-Kan Co.,
Civil Action No. 13-cv-00097 (N.D. Ind.)

Sunovion Pharmaceuticals, Inc. v. Actavis Inc.,
Civil Action No. 12-cv-993 (D. Del.)

Mylan Pharmaceuticals, Inc. v. Sebelius,
Civil Action No. 12-cv-524 (D.D.C.)

Novartis Pharmaceuticals Corp. v. Actavis Inc.,
Civil Action No. 11-cv-1077 (D. Del.)

Publications & Presentations

Participant, “The Mock Argument Series: Persuasive Advocacy for the Next Generation” at the Federal Circuit Bar Association (FCBA) 2019 Bench & Bar Conference.

Co-Author, CSF Bcl-2 and Cytochrome C Temporal Profiles in Outcome Prediction for Adults with Severe TBI, Journal of Cerebral Blood Flow & Metabolism (2011) 31, 1886-1896.

Co-Author, Deficits in Novelty Exploration After Controlled Cortical Impact, Journal of Neurotrauma (2007) 8, 1308-20.

Speaker, “Evaluation of F2-Isoprostane, Glutathione, Protein Sulfhydryl, and Cytochrome-C Levels in Cerebrospinal Fluid Following Traumatic Brain Injury” at the National Neurotrauma Symposium 2006.

 

Professional Affiliations, Honors & Recognition

Washington, DC Super Lawyers "Rising Star" (2014, 2017-2019)