Shyam Shanker is a litigator who focuses on life sciences patent litigation. Mr. Shanker has represented major pharmaceutical and technology companies in federal district courts in a variety of patent litigation disputes, and has extensive experience representing companies in Hatch-Waxman litigation. Mr. Shanker has been involved in all aspects of pre-trial, trial, and post-trial proceedings. Mr. Shanker also has experience with appellate proceedings at the U.S. Court of Appeals for the Federal Circuit and with proceedings before the Patent Trial and Appeal Board.
Mr. Shanker earned his Juris Doctor from Columbia Law School in 2018, where he was a Harlan Fiske Stone Scholar and an Executive Editor of the Columbia Journal of Transnational Law. While in law school, Mr. Shanker was a semi-finalist in the Stone Moot Court Competition and a recipient of the Neil McDonnell Memorial Prize for Outstanding Service to the Journal as a Senior Editor.
Mr. Shanker received his Bachelor of Science in Biology and Bachelor of Arts in Political Science from the University of Georgia in 2014. He was the President of the Georgia Debate Union and has competed multiple times at the National Debate Tournament, college’s national debate championship.
Prior to joining Dechert, Mr. Shanker was an IP litigation associate at another international law firm.
- BioDelivery Sciences International Inc., et al. v. Chemo Research, S.L., et al. (D. Del.). Representing BioDelivery Sciences International Inc. (BDSI) in a Hatch-Waxman litigation against Chemo Research concerning BDSI’s Belbuca® product. Case is ongoing.
- BioDelivery Sciences International Inc., et al. v. Alvogen PB Research & Development LLC (D. Del.). Represented BioDelivery Sciences International Inc. (BDSI) in a Hatch-Waxman litigation against Alvogen concerning BDSI’s Belbuca® product. BDSI prevailed at trial, obtaining a final judgment that BDSI’s patents were valid and infringed. Representing BDSI on pending appeal with the Federal Circuit.
- Novartis Pharm. Corp. v. Accord Healthcare Inc., et al. (D. Del.). Represented Novartis Pharm. Corp. in a Hatch-Waxman litigation against 23 ANDA filers relating to the company’s blockbuster multiple sclerosis treatment Gilenya® (fingolimod). Novartis obtained a preliminary injunction preventing generic defendants from launching prematurely. Novartis also won a complete victory at trial against the remaining defendant in the case, obtaining a ruling that Novartis’s patent-in-suit was valid and infringed. Novartis later prevailed at the Federal Circuit on appeal.
- Evergreen Theragnostics, Inc. v. Advanced Accelerator Applications SA (PTAB). Represented Advanced Accelerator Applications SA in Post-Grant Review proceedings relating to its patented radionuclide therapy. The PTAB denied institution on all three of Evergreen’s petitions.
- Island Intellectual Property LLC v. StoneCastle Cash Management LLC, et al. (S.D.N.Y.); StoneCastle Cash Management LLC v. Island Intellectual Property LLC (S.D.N.Y.); Island Intellectual Property LLC v. StoneCastle Cash Management LLC, et al. (Fed. Cir.); Island Intellectual Property LLC et al. v. StoneCastle Cash Management LLC et al. (N.Y. Sup. Ct.). Represented various StoneCastle entities in patent and trade secret litigation regarding its institutional cash products in federal and state courts, including obtaining complete dismissal of all five asserted patents as ineligible under 35 U.S.C. § 101 on a motion to dismiss. Also represented StoneCastle in Federal Circuit appeal before a favorable settlement was entered into.
- Actifio, Inc. v. Rubrik, Inc. (D. Del.). Represented Rubrik, Inc. in patent litigation regarding its cloud data management and backup products where Actifio brought patent infringement claims and a preliminary injunction motion against Rubrik. After depositions of Actifio’s witnesses, Actifio withdrew their preliminary injunction motion and voluntarily dismissed all of their claims.
- Intellectual Ventures v. NetApp, Inc. (D. Mass.). Defended NetApp, Inc. in patent litigation with Intellectual Ventures regarding its data backup products. NetApp obtained summary judgment of non-infringement from the district court.
Includes matters handled at Dechert or prior to joining the firm.
- University of Georgia, B.S., Biology, 2014
- University of Georgia, B.A., Political Science, 2014
- Columbia Law School, J.D., 2018, Harlan Fiske Stone Scholar
- New York
- United States Court of Appeals for the Federal Circuit
- United States District Court for the Southern District of New York
- United States Court of Appeals for Veterans Claims