Robert S. Silver
As one of the most active intellectual property litigators in the country, Bob represents global and U.S. companies in a wide range of litigation. With more than 30 years’ experience, he has argued numerous patents appeals before the Court of Appeals for the Federal Circuit and has been successful in hundreds of settlements, trials and appeals. He has developed a global practice representing generic pharmaceutical companies particularly in complex suits involving paragraph IV challenges under the Hatch-Waxman Act regarding Abbreviated New Drug Applications (ANDA.)
In addition, Bob assists clients in all aspects of the pharmaceutical supply chain, from API manufacturers to distributors to manufacturers, in designing and patenting products and developing strategies to bring generic products and new products to the marketplace. Bob has extensive experience in the broader chemical industry such as complex manufacturing procedures and other chemical products. He counsels clients regarding patent strategies for developing and protecting intellectual property rights, including identifying and creating design-around opportunities and counseling on patent scope and validity issues. Bob also assists clients in clearing, obtaining and defending trademarks worldwide.
Bob has been successful in hundreds of settlements, trials and appeals. Representative cases include:
- Roxane Labs Inc. v. Invagen Inc., where Bob successfully represented a defendant generic company facing a demand of $100 million in damages by defeating a preliminary injunction, (affirmed on appeal). After a finding of non-infringement, upheld on appeal, he obtained a $2 million fee award against Roxane for an “exceptional” case regarding calcium acetate tablets (PhosLo® brand)
- Boehringer et al. v. InvaGen(10/25/18 D.NJ) represented a generic in an ANDA litigation successfully invalidating asserted patents covering Tradjenta® (linagliptin) and Jentadueto® (linagliption and metformin)
- Genzyme v. Pentech Pharmaceuticals, Inc., Bob represented a generic in ANDA litigation on Hectorol® invalidating 2 Orange Book listed patents, with the third patent being delisted as a result of suit
Sanofi-Aventis, Sanofi-Synthelabo, Inc., and Bristol-Myers Squibb Sanofi Pharmaceuticals Holding Partnership v. Apotex, Inc., represented generic in ANDA litigation on Plavix® involving largest at risk launch in history in which approximately $1 billion of generic product was sold in 5 days.
Biovail Laboratories, Inc. v. Torpharm. Inc., successfully represented generic company in ANDA litigation involving Tiazac® (diltiazem hydrochloride
- Bob assisted one client in launching the most financially successful at risk launches regarding a generic version of the drug Plavix.
Previous Work and Industry Experience
Previously, Bob was Chairperson of the Litigation and ANDA Litigation divisions of a Philadelphia intellectual property firm.
Life Beyond Law
Bob is an advocate in animal rescue and has assisted in rescuing countless animals all over the world in his support of rescue organizations. Bob also has had as many as 14 dogs and 3 cats, several of which he rescued while traveling around the world. Bob also travels extensively around the world to learn and appreciate new cultures.
Bob has experience in areas such as:
- New chemical entities
- Organic chemistry
- Pharmaceutical compositions and formulations
- Small molecules
Honors and Activities
- Who’s Who Legal: Patents 2018-2019
- Best Lawyers in America, 2018-2021
- Pennsylvania Super Lawyer, 2004-2020
- Martindale Hubbell AV Preeminent Rated
- Chambers USA Top Ranked in Intellectual Property, 2010-2016
- Senior Fellow Litigation Counsel of America, The Trial Lawyer Honorary Society
- IAM Patent 1000 Ranked Attorney, 2014-2020
- Top Attorneys in Pennsylvania Philadelphia Magazine 2018-2019
- Best Lawyers in Pennsylvania 2019 Wall Street Journal
- 2019 Global Law Experts IP Litigation Law Expert
- The Actors Fund 2018 Encore Award for Performing Arts commitment
- Trial Law Institute and Diversity Law Institute Member
- IP Litigation Law Firm of the Year in Pennsylvania – 2020 Corporate International Magazine Global Award
- The American Lawyer-Lawyer of Distinction 2020
- National Law Journal Lawyers of Distinction 2020
Villanova University Charles Widger School of Law, J.D.
Boston College, B.S/M.S. Chemistry/Biochemistry
U.S. Patent and Trademark Office
U.S. District Court for the Eastern District of Pennsylvania
U.S. Court of Appeals for the District of Columbia Circuit
U.S. District Court for the Western District of Michigan
U.S. Court of Appeals for the Third Circuit
U.S. Court of Appeals for the Federal Circuit
U.S. Court of Federal Claims
U.S. Supreme Court