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Biography
Robert Blackburn is an independent intellectual property consultant based in Berkeley, California. With over twenty-five years of experience in both corporate and private practice, his career has spanned the development of the biopharma IP field.
Mr. Blackburn was most recently the Vice
President & Chief Patent Counsel of Chiron Corporation (now Novartis Vaccines & Chiron Diagnostics
). He started and built Chiron’s intellectual property
department. Through an integrated worldwide program of
filings, licensing, partnerships and litigation, Chiron’s IP estate
grew to a nearly $300 million dollar a year business unit, with an
overall cumulative value in the billions of dollars. During his
tenure at Chiron, the American Lawyer named Mr. Blackburn one of the
top forty-five in-house counsel under the age of forty-five.
Few attorneys have Mr.Blackburn’s experience
in the coordinated development of global IP rights. He has
successfully implemented procurement, licensing and litigation
strategies spanning four continents and worked with a wide range of
technologies, including small molecules, rDNA, monoclonal
antibodies, food and agricultural technologies, vaccines,
diagnostics, drug screening, genomics, and arrays.
Mr. Blackburn's career
has ranged from drafting some of the earliest biotech
patents, such as the stem cell monoclonal antibody
patent upheld in the U.S. Federal Circuit's Johns Hopkins
v. CellPro decision, to
successfully arguing the In re Bell
case in the Federal Circuit (changing the USPTO’s obviousness
standard for new genes). Mr. Blackburn has litigated patents in the
U.S., U.K., Dutch, Belgian, German, Italian, French, Japanese and
Australian courts, including the first biotechnology patent
upheld by the UK appellate courts and some of the earliest and
broadest pan-European injunctions granted by the Dutch courts.He has
been in numerous patent office oppositions from Munich to Tokyo.
Mr. Blackburn has also been a Distinguished
Scholar at the Berkeley Center
for Law and Technology, and
is a member of the adjunct faculty of the U.C. Berkeley
School of Law. He was a member of the National
Research Council’s Committee on Intellectual Property Rights in a
Knowledge-Based Economy, which released the acclaimed report
entitled “A Patent
System for the 21st Century,” which is a basis for
current patent reform legislation. Mr. Blackburn is a past
chairperson of the Intellectual Property Law Committee of the
Biotechnology Industry Organization (BIO) and a past board member of the
Biotechnology Institute. On behalf of BIO and other industry
coalitions, he has been involved in legislative and policy matters,
including the Biotechnology Process Patent Act, the GATT/TRIPS
implementing legislation, the American Inventors Protection Act of
1999, and several amicus briefings of the Federal Circuit and the
Supreme Court. Mr. Blackburn is also a member of the Board of
Advisors of Inflexion Point
Strategy LLC
, an intellectual property investment bank.
Prior to joining Chiron, Mr. Blackburn was a partner in the Silicon Valley office of Irell & Manella and an associate in its predecessor firm, Ciotti & Murashige, Menlo Park, California; Assistant Patent Counsel of Agrigenetics Research Corporation, Boulder, Colorado; and an associate in the law firm of Banner, Birch, McKie & Beckett (now Banner & Witcoff) in Washington, D.C. He received his J.D. from the American University, where he was Articles Editor of the Law Review, and his B.S. in chemistry with honors from Case Western Reserve University.
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