Thomas Ehrich

Counsel

Thomas Ehrich is Counsel at Rakoczy Molino Mazzochi Siwik LLP.

Litigation

Dr. Ehrich’s practice focuses on intellectual property litigation, with emphasis on patent infringement suits arising under the Hatch-Waxman Amendments to the Food, Drug and Cosmetic Act and/or Biologics Price Competition and Innovation Act (BPCIA).

Dr. Ehrich has experience representing clients in proceedings before U.S. District Courts and Federal Circuit. He also has experience in a number of stages of litigation, including pre-suit strategy development, fact and expert discovery, the pre-trial and trial phases of federal litigation, and at the federal appellate level.

Dr. Ehrich has experience with respect to a wide range of pharmaceutical technologies, including with respect to small molecule chemistry, pharmaceutical compounds, pharmaceutical formulations, immediate and extended release dosage forms, injectable dosage forms, and pharmaceutical dosing methods.

Practice Before the U.S. Patent and Trademark Office

Dr. Ehrich is registered to practice before the United States Patent and Trademark Office and also has significant experience with inter partes‘ review petitions, including preparation of IPR petitions.

Opinion Work and Patent Counseling

Dr. Ehrich is active in the firm’s patent counseling practice group. In this context, he has prepared opinions of counsel for clients on a variety of intellectual property issues and with respect to a wide range of pharmaceutical technologies, including with respect to small molecule chemistry, pharmaceutical compounds, pharmaceutical formulations, immediate and extended release dosage forms, injectable dosage forms, and pharmaceutical dosing methods).

Dr. Ehrich has also prepared a number of detailed statements in support of a number of different regulatory filings including with respect to Abbreviated New Drug Applications, and abbreviated Biologics License Applications.

Dr. Ehrich has also prepared a number of freedom to operate opinions and has assisted clients with their due-diligence efforts.

Representative Matters

Teva Pharmaceuticals USA, Inc. v. Sandoz Inc., et al. (D.Del.): Represented Sandoz in a Hatch-Waxman litigation concerning patents related to Glatiramer Acetate (Copaxone®). Part of trial team that obtained decision in favor of client finding all asserted claims invalid.

Millennium Pharmaceuticals Inc. v. Zydus Pharmaceuticals (USA) Inc. et al. (D.Del.): Represented Apotex in Hatch-Waxman litigation concerning patents related to Bortezomib (Velcade®). Case resolved by settlement with favorable terms for client.

Recombinant Factor VIII Products (ITC): Represented Baxalta in ITC proceeding concerning patents related to recombinant Factor VIII (Novoeight®). Case resolved by settlement with favorable terms for client.

Salix Pharmaceuticals, Inc. et al. v. Lupin Limited et al. (D.Del.): Represented Lupin in Hatch-Waxman litigation concerning patents related to Mesalamine Extended Release Tablets (Apriso®). Case resolved by settlement with favorable terms for client.

Teva Women’s Health, Inc. v. Mylan Pharmaceuticals Inc., et al. (D.N.J.): Represented Mylan in Hatch-Waxman litigation concerning patents related to Combination Estradiol/Levonorgestrel Tablets (LoSeasonique®). Case resolved by settlement with favorable terms for client.

Card Activation Technologies, Inc. v. The TJX Companies, Inc. (N.D.Ill.): Represented The TJX Companies in patent litigation concerning patents related to point-of-sale card readers. Case resolved by settlement with favorable terms for client.

Previous Experience

Prior to joining Rakoczy Molino Mazzochi Siwik LLP, Dr. Ehrich worked at McGuireWoods LLP and Ropes & Gray LLP.

Prior to attending law school, Dr. Ehrich worked at the Mayo Clinic as a laboratory technician.

Education Icon Education

Northwestern University School of Law
(J.D., cum laude, 2007)

Washington University School of Medicine
(Ph.D., Molecular Biology, 2004)

Gustavus Adolphus College
(B.A., magna cum laude, 1996)

Bar Admissions Icon Bar Admissions

Massachusetts

Missouri (inactive)

U.S. Patent and Trademark Office

Court Admissions Icon Court Admissions

Federal Circuit Court of Appeals
Massachusetts

Publications Icon Publications

Jefferson, O.A., Koellhofer, D., Warren, B., Ehrich, T.H., Lang, S., Williams, K., Ballagh, A., Schellberg, B., Sharma, R., Jefferson, R.A. Mapping Innovation Trajectories on SARS-CoV-2 and Its Variants. Nat Biotechnol (2021).

Jefferson O.A., Köllhofer D., Ehrich T.H., Jefferson R.A.,The ownership question of plant gene and genome intellectual properties. 33 Nat. Biotechnol. 1138-43(2015).

Jefferson O.A., Köllhofer D., Ehrich T.H., Jefferson R.A.,Gene patent practice across plant and human genomes. 33 Nat. Biotechnol. 1033-38 (2015).

Jefferson O.A., Köllhofer D., Ehrich T.H., Jefferson R.A., Transparency tools in gene patenting for informing policy and practice, Nat Biotechnol. 2013 Dec;31(12):1086-93.

Ehrich T.H., Wang B., Kenney J.P., Pletscher L.S., Cheverud J.M., Fine-mapping gene-by-diet interactions on chromosome 13 in a LG/J × SM/J murine model of obesity, Diabetes, 2005 Jun.;54(6):1863-72.

Ehrich T.H., Kenney J.P., Pletscher L.S., Semenkovich C.F., Cheverud J.M., Genetic variation and correlation of dietary response in an advanced intercross mouse line produced from two divergent growth lines, Genet. Res. 2005 Jun.;(85):211-22.