Green, Griffith & Borg-Breen LLP
455 North Cityfront Plaza
Chicago, IL 60611
Robert F. Green is a founding partner of Green, Griffith & Borg-Breen LLP. He practices IP law exclusively, with a concentration in pharmaceutical, biochemical and chemical litigation and opinions.
Mr. Green has represented clients under the Hatch- Waxman Act since it was passed in 1984. In his decades of experience as lead counsel in Hatch-Waxman litigation, he has represented clients in matters concerning over 40 generic drug products and served both plaintiffs and defendants in such actions. In addition, Mr. Green has argued over a dozen pharmaceutical patent appeals before the U.S. Court of Appeals for the Federal Circuit. He has broad experience managing patent portfolios, as well as counselling and rendering opinions on patent validity, patent infringement and other proprietary information. He also specializes in formulating patent strategies in the pharmaceutical field for both Pharmaceutical Research and Manufacturers of America and generic pharmaceutical companies.
Mr. Green currently represents Horizon in a number of litigation matters, including continued litigation related to Horizon's PENNSAID® 2% topical product and litigation concerning Horizon's RAVICTI® oral formulation. Mr. Green also represents Dexcel in litigation filed against Takeda, seeking a declaration that Dexcel's newly-approved over-the-counter orally-disintegrating tablet, which contains lansoprazole as the active ingredient, does not infringe any Takeda patent. Mr. Green also represents Dexcel in litigation against generic companies that are seeking approval to market generic versions Dexcel's over-the-counter omeprazole tablets.
Since founding Green Griffith, Mr. Green has been instrumental in obtaining favorable settlements for Horizon Pharma in litigations related to Abbreviated New Drug Applications filed by various generic drug companies. Those litigations related to attempts by generics to market generic equivalents to Horizon's RAYOS® oral tablet and Horizon's PENNSAID® 2% topical product. Mr. Green also was counsel for Cipla in litigation relating to Cipla's Abbreviated New Drug Application that sought approval to market a generic equivalent to Helsinn's Aloxi® palonosetron product. That litigation settled with a favorable generic product entry date.
Mr. Green previously served as Vice President of Leydig, Voit & Mayer, Ltd., the Patent Counsel for Celanese Chemical Company and the U.S. chemical division IP counsel for Akzona, now a part of AkzoNobel. While at his previous firm Mr. Green was lead counsel in numerous litigations that resulted in his clients being awarded market exclusivity. Those successes include litigation against Glaxo (court decision – client first generic to market prescription and OTC Zantac® products), AstraZeneca (settlement – client first to market OTC omeprazole tablets in competition with Prilosec® tablets), AstraZeneca (court decision- client first to market a generic version of Plendil®), and Bristol-Myers Squibb ( court decision – client first to market generic version of Platinol®). The FDA award of exclusivity for generic Platinol® was precipitated by a Citizen Petition filed by Mr. Green, and established the doctrine of "patent-by-patent" exclusivity.