Ross Blau is an associate in Axinn’s intellectual property group. His practice involves counseling and litigation for generic pharmaceutical products and biosimilar products, as well as mechanical devices, semiconductor technology, and other industries. His practice also includes litigation on complex antitrust cases involving intellectual property-related issues, such as price fixing, sham litigation, inequitable conduct, and standard setting activity.

Ross has also analyzed and litigated various regulatory issues, including those concerning FDA and the USPTO. 

Ross’ experience also extends into copyright/trademark disputes and counseling regarding trade secrets. Further, Ross has worked on transactional issues involving analyses of various contractual terms with large potential stakes. 

Ross has also developed various big data approaches to analyzing litigation and regulatory issues, including analyzing various product and patent portfolios to provide counseling to various companies. 

Ross earned his JD at Washington and Lee University School of Law. During law school, Ross authored portions of an amicus brief submitted to the U.S. Supreme Court in Halo Elecs. Inc. v. Pulse Elecs. Inc. and Stryker Corp. v. Zimmer Inc. He holds an AB from the University of Chicago.

Professional Activities

• AIPLA Subcommittee on Damages, Member

Experience

• Represented Alvogen in a patent infringement and antitrust litigation regarding Indivior’s opioid dependency treatment drug Suboxone^® Film. The court denied a motion for summary judgment directed to Alvogen’s antitrust claim directed to exclusionary rebating practices. The case is the first of its kind in the pharmaceutical industry where the antitrust plaintiff was able to avoid summary judgment.
• Representing Alvogen Inc. in the sprawling Generic Drugs MDL, a suit alleging participation in an industry-wide conspiracy to raise prices of generic medications through the allocation of markets.
• Represented Norwich in a patent infringement action involving 18 patents and over 400 patent claims regarding Takeda’s (previously Shire’s) brand lisdexamphetamine capsules, Vyvanse^®.
• Representing Norwich in a patent infringement action involving 8 patents and 161 claims.

Honors

• Super Lawyers, “Rising Stars” for IP Litigation (2023)

Thought Leadership

• 'Intended Purpose' of a Flower: Gauging Patent Invalidity Based on the Public Use of Plants and Genetic Information, Reuters Westlaw Today, June 8, 2023
• Effects of GSK v Teva Ripple after SCOTUS Denies Cert, Life Sciences IP Review, May 23, 2023
• Axinn IP Update: Supreme Court Denies Cert. in Skinny Label Case, but the Impacts from GSK v. Teva Continue, May 15, 2023
• Pharmaceutical Supply Chain – Patent Considerations, American Bar Association, July 28, 2022
• Axinn IP Update: Federal Circuit Denies Petition for Rehearing En Banc in GSK v. Teva, February 17, 2022
• Navigating Uncertainty in Digital Health Patent Eligibility, Law360, March 2, 2020
• Axinn IP Update: Six Patents Directed to Humanized Monoclonal Antibodies Fall at PTAB, Axinn Update, February 27, 2020
• Axinn IP Update: Section 287(c) Immunity Has Its Limits, Axinn Update, November 18, 2019
• Axinn IP Update: Federal Circuit Says Method of Treatment Claims Are Not Per Se Eligible Under Section 101, Axinn Update, August 29, 2019
• 2017 Federal Circuit Obviousness Decisions in Biopharma: 5 Takeaways, Westlaw Journal, April 17, 2018

Education

• JD, cum laude – Washington and Lee University School of Law, Intellectual Property Fellow (2017)
• AB, Honors – University of Chicago (2013)

Admissions

• New York
• U.S. District Court Southern District of New York