Overview
Brenden Gingrich’s practice focuses on the protection of intellectual property, primarily for the biotechnology and pharmaceutical industries. With more than 20 years of experience, Brenden provides strategic advice to clients of all sizes regarding the development of intellectual property portfolios in a variety of technology areas including therapeutic and diagnostic antibodies, antisense therapy, molecular diagnostics, peptide therapeutics, gene therapy, stem cells, and human organoids.
Brenden develops and manages patent portfolios of every size, from a few patents for solo inventors and start-ups, to large international patent portfolios for multinational companies. He also has experience in appeal and post-grant proceedings in the U.S. and foreign jurisdictions, including drafting and arguing pre-grant appeals before U.S. Patent Trial and Appeal Board (PTAB), and instituting and defending against post-grant patent proceedings in the U.S. and Europe (Post-Grant Review (PGR), Inter Partes Review (IPR), Oppositions and Appeals before the European Patent Office). Brenden’s practice also includes counseling regarding the preparation of Patent Term Extension requests and the filing of Orange Book listings.
Brenden assists clients in conducting patentability, landscape, and pre-launch third party risk analyses, and prepares any needed legal opinions regarding non-infringement and invalidity of third party patents. He performs intellectual property due diligence, representing both investors and target companies, drafts intellectual property portions of quarterly/annual SEC filings, and drafts and evaluates complex intellectual property license agreements.
During his doctoral studies, Brenden studied the molecular basis of complex social behavior in rodents. Prior to receiving his Ph.D., his undergraduate thesis focused on the study of artificial protein channels created using molecular biological techniques.
Clerk Experience
- Law clerk to the Honorable Patrick E. Higginbotham, Circuit Judge of the U.S. Court of Appeals for the Fifth Circuit, 2002-2003
Education
- University of Virginia School of Law (J.D., 2002), Editorial Board of Virginia Law Review, Order of the Coif
- Emory University (Ph.D. Neuroscience, 1999)
- University of Delaware (B.S. Chemistry, 1993), cum laude
Recognition
Awards & Honors
- In 2014, Brenden was recognized for his legal work in Biotech Patents in the Corporate INTL Global Awards.
News & Insights
Articles
“Sue first, negotiate later.” Managing Intellectual Property Today, Issue 169:100-102 (May 2007).
Young, Larry J., Miranda M. Lim, Brenden Gingrich, and Thomas R. Insel (2001). Cellular mechanisms of social attachment. Hormones and Behavior 40(2):133-138.
Thomas R. Insel, Brenden Gingrich, Larry J. Young (2001). Oxytocin: who needs it? Prog. Brain Res. 133:59-66.
“Rates Technology Inc. v. Nortel Networks Corp.” (Case Comment). European Intellectual Property Review Vol. 27, Issue 6 (June 2005).
B.S. Gingrich, Z. Wang, Y. Liu, C. Cascio, and T.R. Insel (2000). Dopamine D2-like receptors in the nucleus accumbens are important for social attachment in female prairie voles. Behavioral Neuroscience 114(1): 173-83.
Z. Wang, G. Yu, C. Cascio, Y. Liu, B.S. Gingrich, and T.R. Insel (1999). Dopamine D2 receptor-mediated regulation of partner preferences in female prairie voles (Microtus ochrogaster): a mechanism for pair bonding? Behavioral Neuroscience 113(3): 602-11.
L.J. Young, J.T. Winslow, Z. Wang, B.S. Gingrich, Q. Guo, M. Matzuk, and T.R. Insel (1997). Gene targeting approaches to neuroendocrinology; Oxytocin, maternal behavior and affiliation. Hormones and Behavior 31(3): 221-231.
B.S. Gingrich, R.L. Huot, Z. Wang, and T.R. Insel (1997). Differential Fos expression following microinjection of oxytocin or vasopressin in the prairie vole brain. Annals of the New York Academy of Sciences 807:504-5.
Knobbe Martens Biotechnology Blog
- Reseller or Distributer Beware? Downstream Liability for Infringing a Patented Process
- Cleveland Clinic II: Has the Federal Circuit Undermined Patent Office Guidance and Eliminated an Important Tool for Patenting Diagnostics?
- Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC: Claims Reciting Conventional Method Steps found Patent Ineligible
- UC v. Broad Institute: No Interference-In-Fact in CRISPR Genome Editing Applications
- The FDA Approves Active Ingredient Derived from Marijuana to Treat Epilepsy
- Recent Development on Patent Eligibility of Treatment Claims
- Recent Court Decisions on Venue Challenges Following TC Heartland
- FDA Offers Guidance on Streamlined Development of Treatments for Rare Bacterial Infections
- Post-Prosecution Pilot Program: File Yours While You Still Can
- Medtronic v. Robert Bosch – Has the Federal Circuit closed the door on reviewing IPR institution decisions?
Speeches & Seminars
“Policy Outlook- Valuation Model Implications of 21st Century Cures, IP, Reform, TPP, and PDUFA VI,” BIO Investor Forum, San Francisco, CA (October 20, 2015).
“Next-Generation Sequencing (NGS) Assays and Technologies,” Licensing Executives Society (USA & Canada), San Diego, CA (April 30, 2015).
“Intellectual Property and Licensing Workshop,” San Diego Center For Systems Biology, La Jolla, CA (April, 24, 2015).
“Protecting Ideas that Generate Income,” IMMUNOLOGY 2013, Hawaii, HI (May 5, 2013).
“Biologics Development,” Sino-American Biomedical & Pharmaceutical Professionals Association (SABPA) Science & Technology Forum XI, La Jolla, CA (March 23, 2013).
“Monetizing Your Intellectual Property: Protecting Ideas that Generate Income,” IMMUNOLOGY 2012, Boston, MA (May 5, 2012).