Tedd Van Buskirk, a partner with Lerner David, is business-minded and result-driven intellectual property litigator with a life sciences focus. He serves clients in the pharmaceutical, medical device, and biotechnology industries, among others. Prior to joining Lerner David, Tedd was a partner in several AmLaw 100 firms. Over the course of his 20+ year career, he has earned a reputation for successfully counseling clients in and litigating Abbreviated New Drug Application (ANDA) cases arising out of the complex intersection of the patent and FDA laws relating to the Hatch-Waxman amendments to the Federal Food, Drug & Cosmetic Act.
Tedd has extensive experience litigating patent and trademarks, trade secrets, unfair competition, and related antitrust issues. His practice encompasses a variety of technologies, including medical devices, pharmaceuticals, nutraceuticals and supplements, drug delivery devices, foods, chemicals, biologics, consumer products, toys, telecommunications, computer hardware and software, and electronics. He has appeared in tribunals across the country in all phases of litigation – from filing through trial and appeal. Tedd has litigated and arbitrated dozens of patent cases involving both branded and generic drugs, active pharmaceutical ingredients, food ingredients and supplements, enzymes, gastric bands, breast implants, tissue expanders, livestock technology, and consumer products, among others.
In addition to his litigation practice, Tedd is a registered patent attorney who prepares and prosecutes patent and trademark applications and has handled patent interferences, IPRs and other post grant proceedings, and trademark oppositions. He frequently delivers opinions on the scope, validity, and enforceability of patents. He has also counselled established and emerging companies, venture capital and private equity firms, and underwriters in intellectual property licensing and transactional matters. Tedd is a frequent panelist and speaker at the American Conference Institute's Hatch-Waxman series of events and often publishes and is quoted in the press on issues affecting the pharmaceutical industry.