Experience

Bart Giddings counsels biotechnology, pharmaceutical, and medical device companies on intellectual property matters, including the strategic creation and management of patent portfolios. He has special expertise with patent issues unique to biopharmaceuticals and small molecule drug products, genetic technology, and medical diagnostic testing. His practice includes transactions involving assets of life science companies, competitive intelligence, and Hatch-Waxman issues. Bart was previously Chief Patent Counsel at NPS Pharmaceuticals.

Representative Work

Patent Portfolio Creation and Management

• Managed the development and prosecution of a biopharmaceutical client's portfolio of more than 1,000 issued and pending U.S. and foreign patents and applications.
• Prosecuted several hundred U.S. and foreign patent applications to issuance. Bart has conducted or supervised numerous successful interviews with U.S. and European examiners that resulted in allowance.
• Managed the intellectual property aspects of several collaborations with major pharmaceutical companies and developed strategies for protecting IP resulting from such collaborations.
• Directed the filing of applications for patent term extension for an FDA-approved product. Supervised the filing of applications for supplementary protection certificates for two approved drug products.

Intellectual Property Transactions

• Negotiated, drafted and conducted due diligence for a variety of agreements, including intellectual property license and sales agreements with up-front payments totaling more than $100 million.
• Directed the intellectual property aspects of royalty monetization deals worth more than $300 million.

Intellectual Property Analysis

• Advised clients on patent infringement litigation matters, including issues specific to Hatch-Waxman litigation.
• Monitored competitors' patents for clients and analyzed alternatives for challenging granted patents, including reexamination, litigation, and European oppositions.
• Performed exclusivity and freedom to operate analyses for clients, including clearance searches for marketed medical products.

Professional Honors & Activities

• Selected as one of "America's Leading Lawyers for Business" (Utah) by Chambers USA (Intellectual Property), 2009
• Listed in Best Lawyers in America, 2009
• AV rating from Martindale-Hubbell Law Directory
• Listed in Mountain States Super Lawyers magazine, 2007-2009
• Utah Business magazine's "Utah Legal Elite-Intellectual Property," 2006-2009
• Adjunct professor, University of Utah, S.J. Quinney College of Law, 2003-2009
• Chair, Intellectual Property Section, Utah State Bar, 2005-2006
• Board of Trustees, Utah Life Sciences Association, 2000-2002 and 2005-2006

Presentations

• Instructor, "Patent Reexamination and Reissue Practice," Patent Resources Group, Las Vegas, Nevada, scheduled for October 4-6, 2009
• Instructor, "Patent Reexamination and Reissue Practice," Patent Resources Group, Orlando, Florida, 2009
• "Hatch-Waxman, Drug Prices, and an Aging America," Utah State Bar Annual Convention, Sun Valley, Idaho, 2007
• "The Master Class on New Strategies for Obtaining Pharmaceutical Patent Extensions," American Conference Institute's Maximizing Pharmaceutical Patent Life Cycles, San Francisco, California, 2007
• "Building and Managing Patent Portfolios in the Life Sciences," Henry Stewart conference, San Francisco, California, 2005
• "New Developments in the Law on Patent Term Extensions," Henry Stewart conference, Latest Thinking on Attacking/Defending Patent Rights in the U.S. Pharmaceutical Market, Washington, D.C., 2004
• "Intellectual Property in Collaborations—What is Prior Art Under 102(e) AIPA Changes," American Intellectual Property Law Association's Corporate Practice Seminar, Boston, Massachusetts, 2002

Civic Activities

• Massachusetts Institute of Technology Educational Council, 2002-2009
• University of Utah National Honors Advisory Board, 2001-2009

Publications

• Coauthor, "Patent Reexamination and Reissue Practice," Patent Resources Group, 2009

Education

• Stanford Law School, J.D., 1997
• Massachusetts Institute of Technology, Ph.D., biology, 1994
• University of Utah, B.S. mathematics, 1987, magna cum laude

Admissions

• Utah
• U.S. Court of Appeals for the Federal Circuit
• U.S. District Court for the District of Utah
• U.S. Patent and Trademark Office
• U.S. Supreme Court

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