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Bernard A. Brown II, Ph.D.

Partner

Overview

Bernie assists clients protect and leverage their biotechnology, pharmaceutical, and chemical innovations. He has expertise in a variety of life sciences technologies including molecular biology, immunology, biosimilars, biochemistry, medical devices, diagnostics, blood products, agriculture, plants, and small molecule pharmaceuticals and their formulations.

Bernie provides comprehensive patent prosecution, portfolio management, and commercialization counsel. He handles U.S. and foreign prosecution; patentability, freedom-to-operate, and prior art analysis; invalidity and non-infringement opinion work; and reexamination requests. He also assists clients with licensing their technologies, overall portfolio strategy, and navigating the FDA regulatory process. Additionally, Bernie advises clients on pre-litigation Hatch-Waxman and Biologics Price Competition and Innovation Act (BPCIA) strategy, inter partes review proceedings, and Patent Trial and Appeal Board and Federal Circuit appeals.

Bernie has a Ph.D. in Biochemistry and more than 15 years of research experience. He spent five years as an Assistant Professor of Biochemistry and Chemistry at Wake Forest University and worked for three years as a research scientist at North Carolina State University. During law school, Bernie was a Patent Agent. After earning his Ph.D., he spent several years as a Postdoctoral Fellow and Associate at the Massachusetts Institute of Technology focusing on Structural Biology and Biophysics.

Bernie’s past experience as a researcher, externally seconded counsel for a specialty pharmaceutical company, and, as outside counsel at a national intellectual property boutique and a full-service firm informs his practical understanding of the challenges of managing business goals and expectations with commercially valuable IP protection.

Experience

Recent experience includes:

  • Managing and counseling a pharmaceutical company’s worldwide patent portfolio, clearance analyses, along with monitoring competitor activity and playing a supporting role in litigation strategy.
  • Drafting and prosecuting patent applications for the bioproduction division of a multi-industry research company.
  • Provides global IP counseling, patent prosecution, and transactional review for one of the largest U.S. suppliers of gourmet and medicinal mushrooms.

Professional Activities

  • Member, North Carolina Bar Association, Intellection Property Law Section

Education

Bar Admission

Court Admissions

Community Involvement

  • United States Coast Guard Auxiliary, Vice Division Commander, District 054, Division 9; Assistant District Staff Officer Legal/Parliamentarian, Sector North Carolina; Flotilla 054-09-11
  • President of the Board of Directors, Sound of the Sea Condominium III Association Inc., Sound of the Sea Community, Emerald Isle, NC
  • Member, Pharmaceutical & Biotechnology Issues Committee, Intellectual Property Owners Association (IPO)

Education

Bar Admission

Court Admissions

Community Involvement

  • United States Coast Guard Auxiliary, Vice Division Commander, District 054, Division 9; Assistant District Staff Officer Legal/Parliamentarian, Sector North Carolina; Flotilla 054-09-11
  • President of the Board of Directors, Sound of the Sea Condominium III Association Inc., Sound of the Sea Community, Emerald Isle, NC
  • Member, Pharmaceutical & Biotechnology Issues Committee, Intellectual Property Owners Association (IPO)
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