Jeffrey Ward

Partner

Neal Gerber Eisenberg

As a partner in the Intellectual Property practice group at Neal Gerber Eisenberg, Jeff focuses his work on patent litigation and strategic counseling related to pharmaceutical, chemical, biotechnology, electrical engineering, agricultural and food products. A registered patent attorney with nearly four decades of experience, Jeff has successfully represented both patent owners and patent challengers through all stages of federal litigation and appeals.A significant portion of Jeff’s practice includes advising pharmaceutical clients regarding preinitiation evaluation of product candidates and formulation and implementation of both patent challenge and defense strategies. He has also handled all aspects of pharmaceutical patent infringement cases concerning the Hatch-Waxman Act since shortly after the Act’s passage, litigating disputes in various federal courts throughout the United States and the International Trade Commission. He has served as lead counsel in both bench and jury trials and has extensive experience leading numerous patent appeals, including arguing before the U.S. Court of Appeals for the Federal Circuit.

Jeff also serves as an advisor to clients regarding both patent prosecution and patent opinion matters. Specifically, Jeff has provided patent prosecution advice related to pharmaceutical formulation and polymorph patent applications, and he has drafted both invalidity and non-infringement opinions pertaining to pharmaceutical products and processes, as well as products in other technology areas.

Jeff is well versed in advising clients regarding Orange Book certification and listing strategies. He has represented pharmaceutical companies and API manufacturers regarding 505(b)(2) and ANDA submissions on a wide variety of products. Jeff also has experience in trade secret matters, including those involving pharmaceutical products and processes and has served as lead counsel in cases brought pursuant to the Defend Trade Secrets Act.

Jeff is a trusted advisor, supporting his clients’ business objectives by providing proactive and strategic advice at the intersection of science and law.

Before joining NGE, Jeff was a partner at Green, Griffith & Borg-Breen, and Merchant & Gould.

Recent Articles by Jeffrey Ward

Delisting Counterclaims in Hatch-Waxman Cases: An Ineffective Weapon to Address Improper Patent Listing

The Hatch-Waxman Act (“the Act”) was designed to strike a delicate balance between pharmaceutical innovation and faster access to affordable drugs. However, one aspect of the Act, the patent listing process, when used improperly, can knock this balance out of whack. Unfortunately, in the present environment, the potential for improper patent listing is high, and current remedies are insufficient.

September 12, 2023

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