Rajesh Nair

With an undergraduate degree in Chemical Engineering, two Master's, a Ph.D in Chemistry, and years of experience prosecuting U.S. and foreign patent applications, Rajesh Nair has a wealth of technical and legal knowledge on intellectual property matters involving scientific and technological inventions.

As a member of the Intellectual Property and Technology, Life Sciences and Patent practice groups, Rajesh focuses his practice on patent procurement, portfolio management, and litigation in the areas of chemistry, pharmaceuticals, biotechnology, process engineering, software and business methods. Rajesh has significant experience with patentability assessments, freedom-to-operate analyses, invalidity and non-infringement opinions, and due diligence. He has experience in performing due diligence of Orange Book-listed patents to identify the likely issues to be litigated and has assisted in the process of addressing those issues.

In patent pre-litigation matters, Rajesh has significant experience conducting ANDA pre-litigation evaluations of patent portfolios covering compounds, combination products and associated drug formulations and delivery technology. In patent litigation matters, he has experience in patent infringement actions involving an ANDA Paragraph IV certification and patent litigation appeals.

Select Representations

• Served as a member of the litigation team that successfully defeated a generic challenge to a leading Parkinson's disease medication produced by a global pharmaceutical corporation.
• Assisted in the research and preparation for appeal in In re Fischer, in which the federal circuit affirmed the district court’s rejection of a single claim directed to an EST (expressed sequence tag) as lacking utility under §101 and for noncompliance with the enablement requirement of §112. In re Fisher, No. 04-1465 (Fed. Cir. September 7, 2005).

Prior to joining Saul Ewing, Rajesh was an attorney in the Office of Chief Counsel for the National Institute of Standards and Technology (NIST). Before his work at NIST, Rajesh was a technology specialist and later an associate in the Intellectual Property Practice for Wilmer Cutler Pickering Hale and Dorr LLP.