Our Team
Brian D. Kaider, J.D. - Partner
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Brian Kaider practices in the areas of craft beverage law, intellectual property (patents, trademarks, copyrights and trade secrets), business law and litigation. An escapee from the life of "BigLaw," Brian enjoys the freedom to engage with his clients on a more personal level without the corporate pressure to "bill" every moment. In the craft beverage space, he partners with breweries, wineries, and distilleries of all sizes and varieties; helping them create their corporate structures, register trademarks, obtain licenses and permits, negotiate distribution agreements, and much more. Prior to forming his own practice, Brian spent ten years in an AmLaw100 law firm in Washington, D.C., honing his skills in patent prosecution and litigation. Utilizing his undergraduate degree in Biology and six years of immunology laboratory experience, Mr. Kaider enjoys cases involving complex scientific issues. |
As a registered patent attorney, he has successfully prosecuted dozens of patents, primarily in the biotech space. He has also prepared a variety of competitive analyses and negotiated various IP licenses. But, litigation is where Brian really shines. Whether in a patent case about matching software or an environmental case involving the health effects of chemical contamination, his thorough study of the technology at issue puts him in greater command of the facts of the case and enables him to work at the highest levels with technical experts. His approach has been greatly successful in securing favorable outcomes for his clients.
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Brian earned his Bachelor of Science degree in Biology from Towson State University and his Juris Doctor degree from The George Washington University Law School. He is licensed to practice in Maryland; Washington, DC; and the US Patent and Trademark Office.
When not engaged in the practice of law, Brian enjoys homebrewing, woodworking, pen-making, and rooting for the Baltimore Ravens and the Towson University men's lacrosse team - go Tigers! He is a member of the Brewers Association, the American Homebrewers Association, and the Chesapeake Real Ale Brewers Society (CRABS) Brian also writes legal columns for The Grapevine Magazine and Beverage Master Magazine. To see his articles, click here. Representative Trademarks |
photo by Sarah A. Kaider at Vanish Farmwoods Brewery in Leesburg, VA.
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Representative Engagements
- Initiated trademark cancellation proceeding at the U.S. Patent and Trademark Office's Trademark Trial and Appeal Board and negotiated favorable settlement terms, including withdrawal of the mark in relevant international classes.
- Initiated trademark infringement litigation in the U.S. District Court for the District of Colorado. Negotiated successful settlement in which the accused infringer agreed to change its corporate name and assigned all right, title, and interest in its internet domain name to the plaintiff.
- Negotiated the lease of a 10,000 square foot space for a brewery in a mixed-use commercial building in a prominent urban location.
- Initiated trademark infringement litigation in the U.S. District Court for the District of Colorado. Negotiated successful settlement in which the accused infringer ceased manufacture and sale of goods under the protected mark.
- Initiated a U.S. District Court for the District of Maryland case brought under the Telephone Consumer Protection Act. Negotiated a successful settlement including cash payment against a telemarketer.
- Protected patented product by securing written agreement to cease manufacture and sales of infringing device.
Kenneth Y. Lo, Ph.D., J.D. - Of Counsel
Kenneth Lo practices law in the area of business law, litigation and intellectual property, including technical areas of pharmaceuticals, biotechnology, chemistry, software, business methods and consumer products, as well as trademarks, copyrights and trade secrets. He has extensive experience with Hatch-Waxman and FDA issues from a generic and brand pharmaceutical perspective acquired during his more than 10 years as in-house counsel at Ranbaxy, Takeda Pharmaceuticals and Forest Laboratories, and as a co-founder of Concentrx BioSciences.
Ken focuses on value creation and building genuine relationships while providing tailored solutions that exceed expectations. He is committed to staying on the cutting edge of industry trends with an ongoing accumulation of knowledge and best practices to empower his clients to make well-informed decisions.
Ken managed and strategically implemented IP portfolios for several major global pharmaceutical corporations. He has prepared and prosecuted numerous of patent applications worldwide, conducted hundreds of due diligence reviews and related negotiations that resulted in several multi-million dollar transactions, and managed several high-profile foreign and domestic litigations directed to blockbuster pharmaceuticals, including to Lipitor®, Nexium®, Biaxin XL® and Valcyte®, as well as a data exclusivity challenge in Canada for Dexilant®.
Ken focuses on value creation and building genuine relationships while providing tailored solutions that exceed expectations. He is committed to staying on the cutting edge of industry trends with an ongoing accumulation of knowledge and best practices to empower his clients to make well-informed decisions.
Ken managed and strategically implemented IP portfolios for several major global pharmaceutical corporations. He has prepared and prosecuted numerous of patent applications worldwide, conducted hundreds of due diligence reviews and related negotiations that resulted in several multi-million dollar transactions, and managed several high-profile foreign and domestic litigations directed to blockbuster pharmaceuticals, including to Lipitor®, Nexium®, Biaxin XL® and Valcyte®, as well as a data exclusivity challenge in Canada for Dexilant®.
Ken is a well-connected, active member of the startup/entrepreneur community who freely gives his time as a mentor at the Dallas Entrepreneur Center, Addison Treehouse and the Capital Factory. He is also an advisory board member to startup accelerator StartupEvo, as well as several 501(c)(3) and technology companies, including Ridias, VirEats, Mobifalcon, Boondah, Knkt'd and Synergistic Creations, among others.
Ken received a Bachelor of Science degree in Chemistry from the University of Victoria, a Ph.D. in Chemistry from the University of Florida and a J.D. from the Washington College of Law, American University. In addition, he spent one year at Duke University as a postdoctoral research associate in the Department of Chemistry and Department of Cardiology. He is licensed to practice in Maryland, New Jersey, Illinois (inactive), the U.S. Patent and Trademark Office and the U.S. Court of Appeals for the Federal Circuit.
When not engaged in his law practice, Ken is an active musician, runs the occasional marathon, and enjoys the culinary arts. Ken lives in Dallas with his wife Bianca and their two children Kennedy and Leila, and is the proud father of Ellie and Parker who live in Virginia.
Ken received a Bachelor of Science degree in Chemistry from the University of Victoria, a Ph.D. in Chemistry from the University of Florida and a J.D. from the Washington College of Law, American University. In addition, he spent one year at Duke University as a postdoctoral research associate in the Department of Chemistry and Department of Cardiology. He is licensed to practice in Maryland, New Jersey, Illinois (inactive), the U.S. Patent and Trademark Office and the U.S. Court of Appeals for the Federal Circuit.
When not engaged in his law practice, Ken is an active musician, runs the occasional marathon, and enjoys the culinary arts. Ken lives in Dallas with his wife Bianca and their two children Kennedy and Leila, and is the proud father of Ellie and Parker who live in Virginia.
Some of Ken's representative deal-flow and litigation include:
1. Litigation: Pfizer Canada Inc. and Warner-Lambert Company v. the Minister of Health and Ranbaxy Laboratories LimitedLitigation: Pfizer Canada Inc. and Warner-Lambert Company v. the Minister of Health and Ranbaxy Laboratories Limited
Managed Canadian patent-related litigation directed to Health Canada's approval of a generic version of Lipitor (atorvastatin calcium), Pfizer's $13 billion global franchise product that treats hypercholesterolemia. Result - settled with Pfizer. Docket: A-79-07
2. Litigation: AstraZeneca AB, et al. v. Ranbaxy Pharmaceuticals Inc., et al.Litigation: AstraZeneca AB, et al. v. Ranbaxy Pharmaceuticals Inc., et al.
Drafted Paragraph IV Letter and managed US patent litigation directed to FDA approval of a generic version of AstraZeneca's $3.9 billion global franchise product, Nexium. Result - the case settled. The settlement was eventually the subject of a landmark antitrust litigation, the first to go before a jury after a key U.S. Supreme Court ruling directed to so-called pay-for-delay deals that could violate antitrust laws (AstraZeneca and Ranbaxy prevailed in the antitrust litigation).
3. Intra-Cellular Therapies Exclusive License for PDE I Inhibitor
Exclusive collaboration to develop and commercialize selective phosphodiesterase type 1 (PDE1) inhibitors, discovered by ITI, for the treatment of cognitive impairment associated with schizophrenia with up to $500 million USD in up front and milestone payments and up to $250 million USD in sales/tiered sales milestones.
4. AMAG Strategic Collaboration for Feraheme:
Exclusive license, development and commercialization agreement related to Feraheme® (ferumoxytol) Injection for intravenous (IV) use in all therapeutic indications with a $60 million up front payment and up to $200 million in development milestones.
5. Lurasidone License Agreement with Dainippon Sumitomo
License agreement for the joint development and exclusive commercialization of the oral formulation of lurasidone hydrochloride for the treatment of schizophrenia and bipolar disorder with a 10 million Yen up front payment and up to $180 million USD upon marketing authorization application filing and approval.
6. Litigation: Roche Palo Alto v. RanbaxyLitigation: Roche Palo Alto v. Ranbaxy
Prepared Paragraph IV Letter and managed US litigation directed to FDA approval of a generic version of Roche's Valcyte product used to treat cytomegalovirus infection in patients with HIV/AIDS or following organ transplant. This litigation eventually settled.
7. Strategic Alliance with Moksha8 for Latin America
Broad strategic alliance that will provide Forest with a commercial footprint in Latin America and give moksha8 access to Viibryd® and potentially other Forest products for the Latin American market. Forest will provide up to $125 million USD based on milestones reached.
8. Zinfandel Pharmaceuticals Exclusive In-License and Co-Development
An exclusive, worldwide licensing agreement regarding Zinfandel’s TOMM40 assay as a biomarker for the risk of Alzheimer’s disease with a $9 million up front payment and up to $78 million in milestone payments.
1. Litigation: Pfizer Canada Inc. and Warner-Lambert Company v. the Minister of Health and Ranbaxy Laboratories LimitedLitigation: Pfizer Canada Inc. and Warner-Lambert Company v. the Minister of Health and Ranbaxy Laboratories Limited
Managed Canadian patent-related litigation directed to Health Canada's approval of a generic version of Lipitor (atorvastatin calcium), Pfizer's $13 billion global franchise product that treats hypercholesterolemia. Result - settled with Pfizer. Docket: A-79-07
2. Litigation: AstraZeneca AB, et al. v. Ranbaxy Pharmaceuticals Inc., et al.Litigation: AstraZeneca AB, et al. v. Ranbaxy Pharmaceuticals Inc., et al.
Drafted Paragraph IV Letter and managed US patent litigation directed to FDA approval of a generic version of AstraZeneca's $3.9 billion global franchise product, Nexium. Result - the case settled. The settlement was eventually the subject of a landmark antitrust litigation, the first to go before a jury after a key U.S. Supreme Court ruling directed to so-called pay-for-delay deals that could violate antitrust laws (AstraZeneca and Ranbaxy prevailed in the antitrust litigation).
3. Intra-Cellular Therapies Exclusive License for PDE I Inhibitor
Exclusive collaboration to develop and commercialize selective phosphodiesterase type 1 (PDE1) inhibitors, discovered by ITI, for the treatment of cognitive impairment associated with schizophrenia with up to $500 million USD in up front and milestone payments and up to $250 million USD in sales/tiered sales milestones.
4. AMAG Strategic Collaboration for Feraheme:
Exclusive license, development and commercialization agreement related to Feraheme® (ferumoxytol) Injection for intravenous (IV) use in all therapeutic indications with a $60 million up front payment and up to $200 million in development milestones.
5. Lurasidone License Agreement with Dainippon Sumitomo
License agreement for the joint development and exclusive commercialization of the oral formulation of lurasidone hydrochloride for the treatment of schizophrenia and bipolar disorder with a 10 million Yen up front payment and up to $180 million USD upon marketing authorization application filing and approval.
6. Litigation: Roche Palo Alto v. RanbaxyLitigation: Roche Palo Alto v. Ranbaxy
Prepared Paragraph IV Letter and managed US litigation directed to FDA approval of a generic version of Roche's Valcyte product used to treat cytomegalovirus infection in patients with HIV/AIDS or following organ transplant. This litigation eventually settled.
7. Strategic Alliance with Moksha8 for Latin America
Broad strategic alliance that will provide Forest with a commercial footprint in Latin America and give moksha8 access to Viibryd® and potentially other Forest products for the Latin American market. Forest will provide up to $125 million USD based on milestones reached.
8. Zinfandel Pharmaceuticals Exclusive In-License and Co-Development
An exclusive, worldwide licensing agreement regarding Zinfandel’s TOMM40 assay as a biomarker for the risk of Alzheimer’s disease with a $9 million up front payment and up to $78 million in milestone payments.
