Patrice P. Jean is Co-Chair of Hughes Hubbard's Life Sciences group. She has over a decade of experience counseling leading and startup pharmaceutical, chemical and biotechnology companies in all areas of patent law. In particular, she is adept at asserting and defending the patent rights underlying the core technologies and innovations of leading high-tech and pharmaceutical companies. She also defends her clients against claims asserted by competitors, sparing them billions of dollars in damages. Additionally, her patent prosecution practice strengthens her litigation abilities, allowing her to argue the validity of her clients' patents while challenging the validity of third-party patents. Patrice regularly calls on her technical background in biology to offer her clients an in-depth understanding of the complex science relative to each prosecution and litigation matter that she handles. This vantage point leaves her well-positioned to understand the complex science behind her clients' innovations as well as the broader market implications. Prior to law school, Patrice earned her Ph.D. in molecular biology. She conducted research in various areas of biology and biochemistry including virology, oncology, kidney disease, X-ray crystallography and narcotics addiction. Her doctoral thesis is titled "Tissue, Strain, Gender and Age Variation in the Induction of p53 Activated Transcripts in Response to Cellular Stress."
Professional Activities
Member, National Bar Association, Treasurer, Intellectual Property Section (2018-2019)
Vice President, New York Intellectual Property Law Education Foundation
Member, New York Intellectual Property Law Association
Executive Committee member, William C. Conner Inn of Court
Leadership Council on Legal Diversity; 2014 fellow, vice chair of communications and past chair of the Working Group on Contribution Communications for the "All In" Campaign
Previous Experience
Partner, Kenyon & Kenyon, 2012 – 2015
Highlighted Publications
"Estate Planning for the Digital Afterlife," New York Law Journal (Nov. 10, 2016)
"Protecting Life Science Inventions in View of the USPTO's 'Guidance for Determining Subject Matter Eligibility of Claims Reciting or Involving Law of Nature, Natural Phenomena and Natural Products,'" Bloomberg BNA: Life Sciences Law & Industry Report (April 4, 2014)
"A Year of Changes for Life Sciences IP," Law360 (Dec. 18, 2013)
"Myriad: Practice Points and Considerations," Intellectual Property Today (Sept. 24, 2013)
"Patent Law: Biotechnology Update," American Bar Association (July 15, 2013)
"Protecting Self-Replicating Biotechnologies in View of Bowman v. Monsanto," Bloomberg BNA: Patent, Trademark & Copyright Journal (June 14, 2013)
"Myriad Ruling: Some Clarity, Some Uncertainty for Biotech," Law360 (June 14, 2013)
Court Admissions
U.S. Supreme Court
U.S. District Court for the District of Columbia
U.S. District Court for the Eastern District of New York
U.S. District Court for the Southern District of New York
U.S. Court of Appeals for the Federal Circuit
Registered Patent Attorney: U.S. Patent and Trademark Office
Selected IP Litigations
Highlighted Matters
454 Life Sciences Corp. v. Ion Torrent Inc. et al., No. 1:15-cv-00595-JPS (D. Del.): Counsel for the patent owner in an action concerning a process called "emulsion polymerase chain reaction" for simultaneously amplifying multiple nucleic acids in a single reaction tube
Teva Pharmaceuticals USA v. Sandoz and Teva Pharmaceuticals USA v. Mylan Pharmaceuticals et al. (S.D.N.Y.): Represented Teva in consolidated Hatch-Waxman litigations concerning proposed generic equivalents to Teva's blockbuster multiple sclerosis drug Copaxone®
Wyeth v. Intervet (D. Del.): Represented Intervet in patent infringement litigation concerning patents related to porcine circovirus vaccine technology. Achieved a favorable claim construction ruling
Intervet v. Merial Ltd. et al. (D.D.C.): Represented Intervet in patent litigation resulting in a favorable ruling including a summary judgment of noninfringement
Pfizer v. Teva Pharmaceuticals USA et al. (D.N.J.): Represented Teva against a multibillion-dollar damages claim in a case relating to Pfizer's epilepsy drug Neurontin® (gabapentin). Achieved a favorable ruling including a summary judgment ruling
Institut Pasteur v. Simon (E.D. Pa.): Represented Institut Pasteur and the Centre National de la Recherche Scientifique in patent litigation resulting in a favorable summary judgment ruling regarding ownership of a portfolio of 13 patents related to DNA "molecular combing" technology. The ruling confirmed that the world-renowned French research institutions are the rightful owners of the entire portfolio of patents
