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Overview
Preston K. Ratliff II is the Chair of the Firm’s Litigation practice in New York. Mr. Ratliff focuses his practice on complex, high-stakes litigation with an emphasis on patent litigation in the biotechnology, pharmaceutical, chemical, agricultural, and renewable fuel sectors. He has successfully represented major and emerging companies both pre-trial and at trial. Chambers USA notes that Mr. Ratliff is “really outstanding and excels at all aspects of litigation. What stands out is that he is a brilliant strategist who sees the big picture and can anticipate risks that aren’t always necessarily apparent…he is a very calming and unflappable presence even in the most difficult and stressful situations.”
Mr. Ratliff also has extensive experience counseling clients with respect to their IP portfolios and evaluating strategic licensing opportunities. In addition, Mr. Ratliff is a frequent publisher in patent journals and an invited speaker at some of the most prestigious life sciences industry conferences.
Recognitions
- Chambers USA, Intellectual Property: Patent (2022-2024)
- IAM Patent 1000, Leading Patent Practitioner (2015-2024)
- In addition, IAM noted that he “has prevailed at trial for major companies in hard-fought battles”; as testament to his leadership qualities and outstanding legal dexterity, he assumed the chairmanship of the New York Litigation practice.
- LMG Life Sciences, Life Sciences Star (2018-2023)
- Managing Intellectual Property, IP Stars (2019-2024)
- Managing IP New York Litigator of the Year Finalist 2024
- Minority Corporate Counsel Association Rainmakers Award 2024
- The American Lawyer’s Litigator of the Week Runner-Up 2024
- Topped Law360’s “Legal Lions” list for his Federal Circuit victory securing patent exclusivity against multiple defendants concerning Sunovion’s billion-dollar blockbuster schizophrenia and bipolar drug, Latuda®
- Selected as one IAM Strategy 300’s “World’s Leading IP Strategists”
- Named a “Minority Powerbroker” by Law360
- Named one of Law360’s five “Rising Stars” for Intellectual Property
Education
- American University Washington College of Law, J.D. (1999)
- Syracuse University, B.S. in Chemical Engineering and minor in German Language (1996)
Representations
- Seagen Inc. v. Daiichi Sankyo Company Limited.
Lead counsel in a hotly-contested, multi-billion dollar breach of contract intellectual property biotechnology dispute involving antibody-drug conjugates (“ADCs”) for the treatment of various cancers. Mr. Ratliff, along with his team, obtained a complete victory dismissing the opposition’s claims as both substantively meritless and time-barred. This win was reported to be among the largest disputes ever handled by the International Centre for Dispute Resolution, which is the American Arbitration Association’s forum for global conflict resolution. - Sumitomo Dainippon Pharma et al. v. Emcure Pharmaceuticals et al.
Lead counsel that locked in full patent protection and revenues arising from Sumitomo Dainippon Pharma’s chemical compound patent for its billion-dollar-plus-per-year schizophrenia and bipolar drug, Latuda®. Specifically, Mr. Ratliff obtained a Federal Circuit decision that affirmed a district court’s November 2016 claim construction ruling and a February 2017 judgment of infringement against three generic drug manufacturers. Taken together, these dual victories secured patent protection for Latuda® while blocking more than a dozen generic drug manufacturers, including industry giant Teva Pharmaceuticals, from launching competing products. - Merck Sharp & Dohme Corp. v. Sandoz Inc. and Accord Healthcare, Inc.
Co-led a trial team that won an important trial victory for Merck concerning its pharmaceutical product Emend® for Injection, which is used in the prevention of nausea and vomiting associated with cancer chemotherapy. After a bench trial, the district court ruled that Merck’s patent was valid and infringed, defeating the challenge brought by several generic companies. Mr. Ratliff also co-led a team that convinced the Patent Office to deny Canadian pharmaceutical company Apotex’s petition for an IPR, challenging a patent protecting Merck’s Emend® for Injection franchise. Mr. Ratliff also convinced the PTAB to deny Apotex’s further request to rehear its IPR petition. - Pfizer Inc. v. Amgen Fremont Inc. and Amgen Inc.
Co-led a team that obtained a complete victory in a highly-complex breach of contract and intellectual property dispute in Delaware Chancery Court concerning billion-dollar biotechnology drug products. - Sucampo Pharmaceuticals Inc. et al. v. Par Pharmaceuticals, Inc. et al.
Lead trial counsel for Sucampo in a Hatch-Waxman litigation protecting its leading medication Amitiza® for bowel disorders. In its suit against Par, Mr. Ratliff helped secure a settlement that provides Sucampo additional market exclusivity, as well as a royalty-bearing - Biovail International Laboratories v. Andrx Pharmaceuticals, LLC et al.
Co-led a trial team that secured a highly-favorable settlement in a patent infringement litigation regarding the company’s top-selling drug product for managing blood pressure.
news
- Paul Hastings Recognized by The American Lawyer for Victory in Multi-Billion Dollar International Life Sciences Dispute - April 12th, 2024
- Paul Hastings Recognized in Managing IP’s 2023 Edition of IP Stars - July 14th, 2023
- Paul Hastings Again Recognized in the 2023 Edition of IAM Patent 1000 - July 13th, 2023
- 2022 IAM Patent 1000 Ranks More Than 20 Paul Hastings’ Intellectual Property Lawyers Across Seven Jurisdictions - July 6th, 2022
- Managing IP Magazine Illuminates Paul Hastings’ Intellectual Property Practice with 16 Lawyers Recognized as ‘IP Star’ - June 15th, 2022
- Paul Hastings’ Intellectual Property Practice Continues Year of Remarkable Rankings with New IAM 1000 Accolades and Additional IP Stars Recognitions - July 2nd, 2021
- Paul Hastings’ Intellectual Property Practice Glows with Numerous Lawyers Ranked as 2021 ‘IP Stars' by Managing IP Magazine - June 8th, 2021
- Benchmark Litigation Distinguishes Paul Hastings’ IP Practice with Top-Tier National Ranking - October 14th, 2020
- On the Heels of an IP Practice Group of the Year Award, Paul Hastings’ IP Attorneys Earn Top Rankings by LMG Life Sciences - October 1st, 2020
- Recognition of Paul Hastings’ Top IP Litigation Practice Continues with Managing IP’s Firm Rankings - June 26th, 2020
- Paul Hastings’ IP Litigation Practice Recognized as an IP Powerhouse with 25 Rankings by IAM Patent 1000 and Legal 500 US - June 12th, 2020
- Paul Hastings’ Intellectual Property Practice Shines Bright with 11 Star Litigators in Managing IP’s Ranking of IP Stars - May 3rd, 2020
- Paul Hastings Scores Top Rankings in 2019 LMG Life Sciences - October 10th, 2019
- Paul Hastings Wins at LMG Life Sciences Awards - September 19th, 2019
- Paul Hastings Nominated for Four LMG Life Sciences Awards - July 26th, 2019
- Paul Hastings Recognized in 2019 Managing Intellectual Property’s IP Stars - June 24th, 2019
- Paul Hastings Recognized in 2019 IAM Patent 1000 as One of the Most Sophisticated Patent Litigation Practices - June 7th, 2019
- Paul Hastings Wins Top Honors at 2019 Managing IP Americas Awards - April 8th, 2019
- Paul Hastings Scores Top Rankings in LMG Life Sciences for 2018 - October 11th, 2018
- Paul Hastings Wins Hatch-Waxman Litigation Firm of the Year at LMG Life Sciences Awards - September 13th, 2018
Recognitions
- A Well-Oiled Machine of the Highest Caliber, Paul Hastings’ IP Practice Again Recognized in IAM Patent 1000 With Numerous Geographical and Individual Rankings - June 7th, 2024
- Preston K. Ratliff II Named Among MCCA’s 2024 Rainmakers - April 16th, 2024
- Paul Hastings’ IP Practice Receives Nine Award Nominations for Managing IP Americas Awards 2024 - March 22nd, 2024
- Paul Hastings Recognized in Managing IP’s 2023 Edition of IP Stars - July 14th, 2023
- Paul Hastings Again Recognized in the 2023 Edition of IAM Patent 1000 - July 13th, 2023
- Paul Hastings Recognized as US Post-Grant and Japan Foreign Patent Firm of the Year by IAM - September 27th, 2022
- 19 Paul Hastings Lawyers Ranked in 2022 IAM Patent 1000 - July 6th, 2022
- Paul Hastings Lawyers Recognized as 'IP Stars' by Managing IP - June 15th, 2022
- Paul Hastings IP Practice Recognized by Chambers USA 2022 - June 1st, 2022
- Paul Hastings Intellectual Property Practice Recognized by IAM 1000 2021 - July 2nd, 2021
- 2021 Legal 500 United States Guide Ranks More Than Fifteen Paul Hastings’ Intellectual Property Practice Lawyers - June 17th, 2021
- Ranked Among Managing IP's 2021 IP Stars - June 10th, 2021
- Recognized as LMG Life Sciences Stars for 2020 - October 1st, 2020
- Recognized in the IAM Patent 1000 - June 11th, 2020
- Ranked among Managing IP's 2020 IP Stars - May 1st, 2020
- Recognized as LMG Life Sciences Stars for 2019 - September 30th, 2019
- Recognized by IAM Patent 1000 for 2019 - June 7th, 2019
- Recognized by Managing IP as the Life Sciences IP Litigation Firm of the Year - April 5th, 2019
- Recognized as Post-Grant Firm of the Year by IAM Magazine - January 30th, 2019
- Recognized as LMG Life Sciences Stars for 2018 - October 12th, 2018
insights
- FDA “Supercharges” Paragraph IV Certifications List, Adding to Its Usefulness as a Resource - July 25th, 2019
- Federal Circuit Speaks on Patent Eligibility of Method-of-Treatment Claims: Key Takeaways from the Vanda v. West-Ward Decision - April 16th, 2018
- Federal Circuit Provides Additional Guidance for Induced Infringement in Hatch-Waxman Cases - November 13th, 2017
- U.S. Supreme Court Limits Venue Under the Patent Statute in TC Heartland - May 23rd, 2017
- Minority Powerbrokers Q&A: Paul Hastings' Preston Ratliff - February 10th, 2015
- Intellectual Property Concerns (Part I) - May 17th, 2013
- New Jersey District Court Holds That a Claim for Infringement Under 35 U.S.C. § 271(e)(2) May be Stated Without a Paragraph IV Certification - February 21st, 2013
- Federal Circuit Vacates Injunction Against Generic Drug Manufacturer, Determining That A Settlement Agreement Term Is Ambiguous - December 29th, 2010
- FDA Revokes Final ANDA Approval, Determining That a Preliminary Injunction Extends the 30 Month Stay - September 22nd, 2010
- Will Inequitable Conduct Finally Be Reformed? - July 6th, 2010
- The Federal Circuit to Address the Inequitable Conduct Doctrine En Banc for the First Time in Over 20 Years - April 27th, 2010
- A Generic Drug Manufacturers Prior Voluntary and Persistent Participation as a Litigant in Delaware is No Guarantee of Jurisdiction - February 24th, 2010
- Exergen: Putting a Crimp on Inequitable Conduct? - December 2nd, 2009
Involvement
- Intellectual Property Owners Association
- New Jersey Intellectual Property Law Association
- Metropolitan Black Bar Association
- Admitted to practice in various courts throughout the United States, including the United States Court of Appeals for the Federal Circuit
- Registered to practice before the United States Patent and Trademark Office