Gerald M. Murphy




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Birch, Stewart, Kolasch & Birch, LLP

Gerald M. Murphy, Jr. is a partner at Birch, Stewart, Kolasch & Birch, LLP.  In his more than 30 years in the IP field, he has prosecuted thousands of patent applications and handled a number of reexaminations, reissue applications and appeals in the USPTO.  He has also personally participated in over 30 patent interferences.  Most of his work has involved representing clients in the fields of biotechnology, chemistry, and pharmaceuticals, including related FDA and patent term adjustment (PTA) issues, including successfully obtaining an additional 600 days of PTA for a pharmaceutical patent by filing a civil action in U. S. District Court.

Mr. Murphy has counseled clients and prepared numerous opinions analyzing patent validity and infringement issues, managed worldwide patent portfolios, and prepared and presented numerous seminars before international audiences regarding U.S. patent statutory law and case law developments. He served as the sole arbitrator in two arbitrations involving patent and licensing issues in the fields of DNA diagnostics and therapeutic monoclonal antibodies and has served as an expert witness in a patent infringement litigation and in an arbitration.

Mr. Murphy has written and lectured throughout the U.S. and abroad on such topics as reissue and reexamination strategies, patent infringement and prosecution and interpretation of pharmaceutical and biotechnology patents.  He is a regular lecturer for PLI at annual Patent Law Institute on Pharmaceutical and Biotechnology Patents.  He is also the managing partner of BSKB’s month long Summer Patent Seminar, an introductory course on the U.S. patent system that has been held annually for over 30 years.

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