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Debra G. Josephson

Partner

(781) 944-0021

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Debra Josephson is a Boston-based partner at Roberts Law Firm and leads the firm’s Plaintiff Antitrust & Intellectual Property practice groups.  Ms. Josephson joined the firm in 2012. She is an experienced corporate and IP lawyer.

Ms. Josephson has represented start-up and development-stage companies, mid-sized corporations, and world-class investigators at major academic institutions in domestic and international intellectual property portfolio development, licensing, protection, and enforcement. She has strong experience in transactional services as well as assisting corporate clients in nearly all aspects of corporate, intellectual property, employment, government regulations, and other areas.

Deb regularly advises clients on the formation, operation and regulation of private companies. Her focus has been in venture capital backed pharmaceutical and medical device companies.  Specifically, she represents small companies in accessing and closing on venture capital and other equity deals.

Deb also advises issuers from the early stages of a company’s formation through financings, acquisitions and exit strategies. Debra handled series B and later venture funding for startup companies, and major licensing and technology transfer deals. Those deals involved funding in the $20 million to $60 million range.

Prior to her litigation career, Ms. Josephson worked as in house counsel and vice president at pharmaceutical, medical device, and biotechnology companies, and developed and enforced their intellectual property portfolios. As a Patent Agent, and then Patent Attorney, Ms. Josephson represented inventors before the U.S. Patent and Trademark Office and international patent offices in chemistry, mechanical engineering, and biology-based technologies.

Prior to her law career, Ms. Josephson was a polymer chemist, and later, worked in the regulatory affairs and clinical affairs groups of pharmaceutical and medical device companies. Additionally, Ms. Josephson is named as a co-inventor on several patent applications, the technologies of which are currently marketed or under development by various companies.

Ms. Josephson maintains strong ties with her community. She has served on several local charity boards, and boards of organizations that mentor young women scientists and businesswomen in the Boston area. She is a frequent lecturer at international law schools on the topics of complex litigation, patent law and practice, and antitrust matters.

LITIGATION HIGHLIGHTS:

• Represents a class of direct purchasers of raw milk, cheese, and butter in antitrust litigation involving a conspiracy to limit the production of raw milk and artificially inflate the price of dairy products. First Impressions Salon, Inc., et al. v. National Milk Producers Federation, et al. (S.D. Ill.)
• Represents a class of direct purchasers in an antitrust case under Sherman Act against several manufacturers of after market parking heaters. In re Parking Heaters Antitrust Litigation (E.D.N.Y.)
• Represents a small manufacturer in a challenge to patent inventorship and unauthorized trade secret disclosures in state and federal court
• Represented a class of Direct Purchaser Plaintiffs in an antitrust case under Sherman Act against King Pharmaceuticals for unlawful delay of generic SKELAXIN by filing sham patent litigation, fraud in obtaining the patents, and unlawful reverse payment settlements to generics. The case settled for $73 million. In re Skelaxin (metaxalone) Antitrust Litigation (D. Miss.)
• Represented a class of Direct Purchaser Plaintiffs in an antitrust case under Sherman Act against Astellas Pharma for unlawful delay of generic PROGRAF (tarolimus) by filing of objectively baseless Citizen Petitions to FDA.  The case settled for $98 million. In re Prograf Antitrust Litigation (D. Mass.)
• Represented a class of Direct Purchaser Plaintiffs in antitrust case under Sherman Act against GlaxoSmithKline for unlawful delay of generic FLONASE by filing objectively baseless Citizen Petitions to FDA.  The case settled for $150 million. In re Flonase Antitrust Litigation (E.D. Pa.)
• Represented a university suing a pharmaceutical company and several universities in an inventorship challenge over pioneering patents for RNAi technology. University of Utah v. Max-Planck-Gesellschaft Zur Foerderung Der Wissenschaften e.V. et. al. (D. Mass.)
• Represents several foreign universities in licensing of intellectual property and patent infringement litigation

 

Debra Josephson,美国阿肯色州罗伯茨律师事务所(Roberts Law Firm)合伙人律师,于2012年加盟罗伯茨律师事务所,负责公司企业并购、反垄断和专利法业务,是资深商务公司法律专家和专利律师,现常驻波士顿。

Josephson律师在有关公司设立和运营的法律业务方面经验丰富,经常为客户相关的法律咨询。她精通于背靠风险投资(VC backed)的医药和医疗设备公司相关的法律合规业务,并能为客户提供进入/退出风险投资市场以及其他股权投资市场的代理服务。

Josephson律师同时为上市公司提供法律咨询服务,其业务范围还涉及公司成立的早期阶段与公司运营过程中的融资、并购和项目退出战略,曾代理并主持新兴公司的B轮融资及其后续风险融资,以及重大专利许可与技术转让交易。这些交易所涉融资规模均在2000万美元至6000万美元之间。

Josephson律师曾代理过各种类型的专利案件,包括新兴企业、中小企业及大型科研机构全球调查员的专利许可、发展、保护和执行,并拥有丰富的交易服务经验,可高质、高效地为客户提供有关公司合规审查、专利服务、劳动法及美国政府管制等领域的法律服务。

在成为律师之前,曾担任企业法律顾问和医药公司、医疗器械公司及生物科技公司的副总裁,在任职期间有效帮助其所在公司行使专利权。她拥有美国专利代理人/专利律师资格,多年来在美国专利商标局(U.S. Patent and Trademark Office)为客户提供专利代理服务,曾成功为化工、医药工程和生物科技行业的客户提供代理服务并维护他们的专利权。

在Josephson律师步入法律行业之前,她曾是一名高分子化学家,后逐步转向医药和医疗器械公司的合规部门和临床部门。此外,Josephson律师也是一些专利项目的共有专利权人,有的项目已成功市场化,有的项目已在多家公司进入深入研究阶段。

Josephson律师在业界拥有广泛而坚实的社会关系。她持续为波士顿地区的地方慈善组织和培养女性科学家和女企业家的社会组织委员会提供服务。同时,Josephson律师在多家国际性法学院讲授复合型诉讼、专利法及实践和反垄断法等课程。

Admissions

  • 2002, Commonwealth of Massachusetts

  • 2002, District of Massachusetts

  • 2002, Court of Appeals for the Federal Circuit

  • 2011, Supreme Court of the United States

  • 1994, United States Patent & Trademark Office, patent agent

  • 2002, United States Patent & Trademark Office, patent attorney

Education

  • University of New Hampshire School of Law (formerly Franklin Pierce Law Center), J.D.

  • St. Anselm College, B.A., natural science

Publications

  • Lawyers Behaving Badly: Curbing Abusive Tactics in Deposition and Motion Practice,” ABA Roundtable, Pretrial Practice & Discovery Committee, 2015

  • “Patent Validity Issues Post-Actavis,” HarrisMartin’s Antitrust Pay-For-Delay Antitrust Litigation Conference, Philadelphia, Pa., 2014

  • “Winning Strategies in U.S. Patent Litigation for Universities and Research Institutes of Taiwan,” Technology Law Seminar, National Chiao Tung University, Hsinchu City, Taiwan, 2014

  • U.S. Patent Portfolio Considerations – 2013” Technology Law Seminar, National Chiao Tung University, Hsinchu City, Taiwan, 2013

  • Advanced Course on Patents (DL-301), WIPO Patent Academy, World Intellectual Patent Organization, 2013

  • Patent Drafting (DL-320) WIPO Patent Academy, World Intellectual Patent Organization, 2013

  • Intellectual Property: Accelerator or Barrier to Innovation?” Comstech, Islamabad, Pakistan, 2012

  • U.S. Patent Portfolio Strategies Under the America Invents Act” Technology Law Seminar, National Chiao Tung University, Hsinchu City, Taiwan, 2012

  • Annual Review of Intellectual Property Law Developments 2011, Patent Editor, ABA Section on Intellectual Property Law, American Bar Association, 2012

Community Involvement

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  • On The Rise, Cambridge, MA – Board of Directors, 2009-2016

  • Healthcare Businesswoman’s Association, Boston Chapter, 2002-2008 – Vice President, Director of Membership, Mentor

Memberships

  • American Bar Association

  • Boston Patent Law Association

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