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With over 15 years of experience, Fabian Koenigbauer focuses his practice on building patent portfolios for a variety of clients, in particular for small and large molecules (biologics). This includes analyzing freedom-to-operate issues, maximizing patent terms and developing patent protection for products subject to regulatory approval. He also advises his clients on adverse patent matters, including litigation, oppositions and PTAB trials, and participates in PTAB trials on behalf of both patent challengers and patent owners.

Fabian practices aspects of domestic and international patent law, with a specific focus on the life sciences industry. He has experience working with clients at all stages of product development, including products in pre-clinical trials and clinical trials, and he leverages his educational background in biochemistry and biotechnology to help clients develop their patent portfolios, assert their patent rights, and defend against infringement allegations.

Fabian also routinely provides strategic counsel to clients on the processes of intellectual property transactions. In addition, he has represented clients in post-grant proceedings in the USPTO, including post-grant reviews and has asserted and defended patents through pre-litigation investigations, discovery, trials, and appeals in the Federal Circuit.
Firm Publications
Published In
  • "A closer look at the PTAB's ongoing Orange Book and Biologics patent study," Thomson Reuters Westlaw Today (February 24, 2022)
  • "A Brief Overview of the USPTO’s Interim Procedures Implementing Arthrex," IP Intelligence (June 29, 2021)
  • "The USPTO Harmonizes the Indefiniteness Standard Used for AIA Trials Making it More Difficult to Find a Claim Indefinite," IP Intelligence (January 14, 2021)
  • "Moderna’s IP Vault Paves the Way for COVID-19 Treatments," IP Intelligence (October 12, 2020)
  • "Strategic Considerations for Participation in the USPTO’s COVID-19 Deferred-Fee Provisional Application Pilot," IP Intelligence (September 21, 2020)
  • "Landmark UK Supreme Court Decision Grants UK Courts Power to Set the Global Royalty Rate for Standard Essential Patents," IP Intelligence (August 31, 2020)
  • "USPTO Grants Additional COVID-19-Related Relief to Patent Applicants," IP Intelligence (July 1, 2020)
  • "USPTO Grants Relief for Patent Applicants Who Failed to Timely File Patent Applications Due to the COVID-19 Outbreak," IP Intelligence (June 18, 2020)
  • "The Potential Patent Risks Associated with COVID-19 Collaborations," IP Intelligence (June 15, 2020)
  • "USPTO Further Extends Certain Patent Due Dates Only for Small and Micro Entities," IP Intelligence (May 28, 2020)
  • "Industry Initiatives to Ensure Access to Intellectual Property Rights Associated With COVID-19 Treatment," IP Intelligence (May 15, 2020)
  • "Key UPSTO Initiatives to Ease Burden On Patent Owners and Patent Applicants During the COVID-19 Outbreak," IP Intelligence (May 13, 2020)
  • "A Brief Summary of the Key USPTO Initiatives to Speed Up Development of Treatments for COVID-19," IP Intelligence (May 12, 2020)
  • "US Patent and Trademark Office Issues FAQ on Temporary Extension of Due Date in Patent and Trademark Matters Authorized by CARES Act," IP Intelligence (April 10, 2020)
  • "US Patent and Trademark Office Uses Authority Granted Under CARES Act to Temporarily Extend Due Date for Certain Patent and Trademark Matters," IP Intelligence (April 1, 2020)
  • "The Coronavirus Aid, Relief, and Economic Security Act Grants the US Patent and Trademark Office the Authority to Manage Statutory Due Dates," IP Intelligence (March 27, 2020)
  • "PTAB by the numbers: A closer look at the most recent PTAB AIA trial statistics," IP Intelligence (January 23, 2020)
  • "Be Sure to Ask Your Scientists the Right Questions or Risk Losing Patent Protection," IP Intelligence (January 27, 2020)
  • "Federal Circuit ruling marks out dangers of doctrine of equivalents estoppel," IAM-Media (December 19, 2019)
  • "Stays Of Litigation Pending IPR Are Likely To Increase," IPLaw360 (June 26, 2014)
  • "6 Reasons Not To Initiate Inter Partes Review," IPLaw360 (May 27, 2014) 
Speaking Engagements
  • Panel presentation “AIA Trials - Building a Case for Final Hearing” for the ABA 30th Annual IP Law Conference
  • “Comprehending the Intricacies of Non-Patent/Regulatory Exclusivity”, ACI’s Hatch-Waxman and BPCIA Passport to Proficiency Series, Oct. 19, 2021
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