Todd Werner’s practice focuses on helping clients navigate patent disputes with their competitors. Leveraging his degree in biochemistry, Todd has represented pharmaceutical companies in ANDA litigation for nearly two decades. For example, Todd led the efforts of Hetero Labs in defeating the patent covering Biogen’s blockbuster Tecfidera® product indicated for multiple sclerosis. Todd also helped Teva Pharmaceuticals defeat several patents directed to abuse-deterrent formulation patents covering multibillion-dollar opioid products, and maintain those judgments on appeal. Other representative ANDA matters include Millennium v. Teva (Velcade® lyophilized anti-cancer agent), Alcon v. Teva (ophthalmic olopatadine formulations), Merck Sharpe & Dohme B.V. v. Dr. Reddy’s Laboratories, Inc. (Nuvaring® contraceptive), and Pharmacyclics LLC v. Sun Pharma (ibrutinib polymorph patents).
Todd has also litigated a variety of other patent disputes in the life sciences, electrical, mechanical, and chemical arts. For example, Todd served as lead counsel for a nutraceutical client asserting its patent in a multi-district dispute, which included the defense of that patent in IPR proceedings before the USPTO. Todd successfully defended the validity a number of instituted claims and went on to secure a favorable settlement for his client. In M-I Drilling Fluids UK Ltd. v. Dynamic Air Inc., Todd secured invalidity judgments on 114 of 117 claims in IPR proceedings that challenged five Schlumberger patents directed to the pneumatic conveyance of drill cuttings generated by offshore drilling operations. In a related federal court proceeding, Todd helped win an award of over $1.3 million in attorney fees under 35 U.S.C. § 285.
In addition to contested proceedings, Todd counsels clients in the negotiation of intellectual property licenses, joint development agreements, SaaS agreements, as well as monetization of patent portfolios.
Todd has been named a Super Lawyer in patent litigation each year since 2013, and he was previously selected as a Rising Star each year from 2008–2012. He was also recognized for legal excellence in the 2021 and 2022 Editions of The Best Lawyers in America. Todd has represented military veterans through the Veteran’s Consortium Pro Bono Program and has also taught Intellectual Property Moot Court at the University of Minnesota Law School. He also runs a non-profit, Hopeful Halos, that raises funds to support research for a cure for Angelman Syndrome.