Pablo Hendler is a Partner in our firm’s Litigation, Intellectual Property, Patent, and Technology and IP Transactions Practices. His practice focuses on complex litigation in the life sciences field, e.g., pharmaceutical, biotechnology, and medical device litigation. Mr. Hendler has counseled clients for more than 25 years on intellectual property matters. He has extensive experience counseling clients to successfully cross the intersection of FDA and patent law.

Mr. Hendler's experience as a researcher, inventor (U.S. Patent Nos. 5,348,928 and 5,266,188), and litigator allow him to successfully represent clients in numerous patent cases involving: ANDAs (Abbreviated New Drug Applications) concerning inhalation medication for the treatment of asthma, improved oxycodone formulations, extended release and abuse-deterrent opioid analgesics, antifungal agents, and a niacin cholesterol-lowering drug; genetically modified mice; plasmid vectors; nutraceuticals; and autonomous medical imaging, infusion pumps, spinal fusion implants, corn herbicides, purge and trap concentrators for gas chromatography, and machine vision and bar code technologies.

Mr. Hendler’s clients have consistently praised him as an "excellent lawyer" and a “sharpshooting” litigator, particularly for his "sterling" work in ANDA litigations. They are comforted by his "seen-and-done-it-all experience." Consistently recognized as a New York Super Lawyer, Mr. Hendler is a member of various bar and industry associations. He also has written and spoken on a broad range of patent-related topics.

Representative Experience

  • Purdue Pharma et al. v. Amneal and Kashiv: Successfully represented Purdue Pharma in Hatch-Waxman patent litigation concerning Amneal/Kashiv’s Abbreviated New Drug Application (ANDA) seeking FDA approval of a generic version of OxyContin®.
  • Regeneron Pharmaceuticals v. Ablexis: Successfully defended a biotechnology client against a “mouse” patent, achieving a comprehensive settlement allowing the full implementation of its business strategy.
  • Lemelson Foundation v. Symbol Tech. et al.: Executed defense against the Lemelson bar code and machine vision patents, winning across the board, creating new law and protection, that saved industries significant expenses in litigation and licensing fees.
  • AstraZeneca v. Apotex: Successfully represented AstraZeneca in obtaining a preliminary injunction against Apotex’s generic version of Pulmicort Respules®.

Honors & Awards

  • Best Lawyers in America: New York City, For Litigation-Intellectual Property
  • IAM Patent 1000: The World's Leading Patent Practitioners
  • LMG Life Sciences  Award, Hatch-Waxman Impact Case of the Year (2013)
  • New York Super Lawyers
  • Immigration Equality Safe Havens Award

Publications and Speeches

  • ARTHREX UPDATE: In a Sea of Remands, PTAB Tosses Itself a Lifeline, PTAB Litigation Blog, May 2020
  • What's Good for the Goose: Federal Circuit Applies Arthrex to Inter Partes Reexamination, PTAB Litigation Blog, May 2020
  • Informative: How To Sufficiently Show that a Thesis is Publicly Accessible, PTAB Litigation Blog, April 2020)
  • PTAB Must Provide Notice Of Sua Sponte Rejections Of Substitute Claims, PTAB Litigation Blog, April 2020
  • United States: Delaware Court Of Chancery Rules Reverse Triangular Mergers Do Not Result In Assignments By Operation Of Law, March 2013
  • United States: Federal Circuit Orders en banc Review of Cybor and Standard of Review for Claim Construction, March 2013
  • United States: Supreme Court Rules On Patent Use Codes, April 2012
  • Knowledge Group Webcast, “Paragraph IV Patent Protection And Litigation: Addressing The Complex Challenges, The Current State of the Law Regarding the Written Description Requirement Under 35 U.S.C. § 112”, October 2019
  • Knowledge Group Webcast, “Paragraph IV Challenges: Exploring Emerging Trends and Developments, Divided Infringement – A Unanimous Approach”, May 2019
  • Knowledge Group Webcast, “Tips and Strategies in Winning Paragraph IV Disputes in 2016 & Beyond”, October 2016
  • Knowledge Group Webcast, “Paragraph IV Patent Challenges: Are You Prepared for Product Targeting?”, March 2015
  • ACI Paragraph IV Disputes Master Symposium, “The Uncertain Futures of At-Risk Launches: A Study of Injunctive Relief, Damages and the Impact of Protonix”, October 2014
  • American Conference Institute Paragraph IV Disputes Conference, “Claim Construction and Markman Hearings: Standards, Jurisprudential Splits and Strategies for Paragraph IV Litigation”, April 2014
  • NYIPLA One-Day Patent CLE Seminar, “Therasense Inc. (Abbott) v. Becton, Dickinson, et al., Living in a Therasense World”, January 2013
  • New York Pharma Forum, “What Biopharma Companies Need to Know About the ‘America Invents Act”, February 2012

Civic Involvement

  • KIND (Kids In Need of Defense), representation of unaccompanied minors and women with their children seeking refuge in the United States
  • Laredo Project, Jones Day, representation of those presenting at the Laredo, TX entry point seeking refuge in the U.S.
  • Immigration Equality, representation of LGBTQ immigrants seeking refuge in the U.S.

Education

Northwestern University, J.D.

University of Michigan, B.S.

  • magna cum laude

  • Tau Beta Pi

  • Dow’s Best Chemical Engineering Junior

Previous Experience

  • Jones Day, Partner
  • Fish & Neave (pre- and post-merger with Ropes & Gray), Partner
  • Amoco Oil Company, Research Engineer

Admissions

  • New York
  • U.S. Patent & Trademark Office
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • Executive Office of Immigration Review

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