Michael Furrow

Attorney Profile

Top Rated Intellectual Property Litigation Attorney in New York, NY

Kilpatrick Townsend & Stockton LLP
1114 Avenue of the Americas, 21st Floor
New York, NY 10036-7703
Phone: 212-775-8734
Fax: 212-898-8734
Selected to Rising Stars: 2011 - 2017
Licensed Since: 2008
Education: Harvard Law School
Practice Areas: Intellectual Property Litigation (80%), Food and Drugs (10%), Intellectual Property (10%)
Attorney Profile

Mike Furrow is a former medicinal chemist who counsels pharmaceutical and biotech innovators on all aspects of patent and related regulatory strategy from the early development stages through product launch and eventual high-stakes patent disputes. He has counseled on products covering dozens of therapeutic areas and has handled actions in federal courts and before the U.S. Patent and Trademark Office. Mike’s background as a chemist affords him an intimate understanding of the challenges innate to the discovery of new medicines, and clients value his resulting drive to help them explore creative ways to maximize market exclusivities.

Combining his science background with his legal prowess, Mike is known for exhaustively exploring the facts and pushing the envelope on merits strategy. He engages with the technology at a level that permits him to develop strong relationships with inventors, scientific officers, and technical experts, and typically takes the lead on technical issues of patent infringement and validity throughout a matter, including trial. Mike has protected and defended innovation in all aspects of drug discovery, including new chemical entities, salt forms, prodrugs, solid-state forms, dosage forms, combination products, therapeutic methods, methods of manufacture, REMS programs, DNA polymerization, genetically modified organisms, and laboratory techniques and tools.

Mike has published several peer-reviewed scientific articles concerning novel stereoselective synthetic methods and was awarded an undergraduate research grant from the American Chemical Society for this work. In graduate school, Mike’s work on novel bond-forming and redox methods for synthesis of complex molecules resulted in several first-author publications in preeminent chemistry journals and was funded by a National Science Foundation Fellowship. Mike also worked for a period as a bench chemist conducting drug discovery on small molecule kinase inhibitor peptidomimetics at a leading pharmaceutical company.

About Michael Furrow

Admitted: 2008, New Jersey

Professional Webpage: https://www.kilpatricktownsend.com/en/People/F/FurrowMichael...

Representative Clients

  • Astellas, AstraZeneca, Columbia University, Cycle Pharmaceuticals, Immune Regulation, Pfizer, RedHill Biopharma, Sanofi Genzyme, University of California, Zogenix, various confidential.

Bar/Professional Activity

  • NYIPLA (New York Intellectual Property Law Association)
  • FCBA (Federal Circuit Bar Association)
  • Connor Inn of Court

Educational Background

  • A.B. in Chemistry, Harvard University, Summa Cum Laude, Phi Beta Kappa, American Chemical Society Research Grantee, 1999
  • Ph.D. in Chemistry (Synthetic Organic and Medicinal Chemistry), Harvard University, National Science Foundation Fellow, 2004

Verdicts/Settlements

  • Michael was engaged to assist with various patent and regulatory strategy by a small pharmaceutical company (confidential) nearing FDA approval of its first drug product.  Michael assessed the portfolio and assisted prosecution counsel in crafting claims and advised regulatory counsel negotiating label language with FDA, with an eye toward minimizing design-around or so-called “skinny labeling” noninfringement strategies by future generic drug filers.  Michael also crafted a novel legal position supporting patent term extension for the product that likely will result in litigation against FDA and the PTO.  Michael is advising the client as it prepares for Hatch-Waxman litigation against generic drug manufacturers, 2021
  • Michael was engaged to defend RedHill Biopharma against claims of patent infringement due to RedHill's marketing of the Movantik(R) drug product., 2021
  • Michael is engaged by a small pharmaceutical company (confidential) to assess the patent portfolio covering one of its drug products and assist prosecution counsel in crafting claims to counter possible design-around noninfringement strategies by future generic drug filers.  Michael is advising the client as it prepares for Hatch-Waxman litigation against generic drug manufacturers, 2021
  • Michael is engaged by RedHill Biopharma to represent it in a Hatch-Waxman action concerning its Movantik® drug product, which it recently acquired.  Michael was brought on to support the inherited litigation team because the technology at issue concerns solid-state forms of chemical compounds, an area with which Michael has years of experience from his time at the bench as a chemist, and from handling several of the precedent setting patent disputes concerning blockbuster drugs like Plavix®, Nexium®, and Xifaxan®, 2020
  • Michael was engaged by Cycle Pharmaceuticals to respond to threatened litigation by DiPharma SA based on alleged infringement of a DiPharma patent by Cycle’s Nityr® drug product.  Following a multi-year letter campaign and accompanying discussions that made clear the dispute would not be resolve amicably, Michael brought a declaratory judgment action on behalf of Cycle against DiPharma, on carefully crafted grounds of noninfringement, invalidity, and unenforceability, designed to ensure no damage to Cycle’s own IP portfolio.  DiPharma capitulated early in the action, granting Cycle a royalty-free license at negligible cost.  This action was especially important to Cycle because Nityr® was its only marketed product and the associated revenue stream was essential to the companies daily functions.  The dispute, selection of venues for litigation, and eventual settlement were also complicated by several cross-border issues tied to the fact that Cycle is an English company and DiPharma is located in both Switzerland and Italy, 2020
  • Michael was engaged by a biotech startup (confidential) that had in-licensed some IP from an academic team to assist with overall patent strategy, revise agreements with collaborators to ensure proper control over innovation, and establish internal operating procedures to ensure proper confidential maintenance of all research results prior to inclusion in patent filings, 2020
  • Michael was engaged by a major global biopharmaceutical company (confidential) to assist with strategy in an ongoing patent dispute against another major global biopharmaceutical accompany concerning two families of patents, one owned by each party, and each allegedly covering separate drug products marketed by each company.  Michael was hired because of his familiarity with the technology both from his time as a chemist and in several patent litigations.  For this engagement, Michael guided strategy on the merits, carefully crafting positions so as to not put his client’s IP at risk, and introduced the litigation team to the technical experts who became the key witnesses.  The case settled favorably before trial, 2019
  • Michael handled much of the day-to-day case management for the Hatch-Waxman actions concerning the blockbuster prostate cancer drug, Xtandi®, and led the scientific merits case strategy concerning technical issues of chemistry. In addition to taking a lead in preparing scientific fact and expert witnesses, Michael also solo-prepped and defended a half-dozen non-scientist fact witnesses, and led all expert report drafting on chemistry issues. Michael also guided scientific merits case strategy on numerous related patent actions outside the U.S. and advised on patent portfolio development strategy in connection with product evolution plans. All U.S. cases settled prior to trial, 2019
  • For this action involving more than two dozen patents, Michael took the lead crafting scientific merits case strategy on complex technical issues concerning solid-state forms of rifaximin, the active agent in blockbuster IBS drug, Xifaxan®. Michael also advised on case strategy on related patent actions outside the U.S. The case settled before trial. Michael was also the sole litigation team member to participate in crafting a successful FDA Citizen Petition seeking heightened requirements for approval of rifaximin ANDA products based on safety concerns surrounding bioavailabilities of the different solid-state forms of rifaximin within finished dosage forms. Michael worked closely with a testing expert to demonstrate the ratio of solid state forms in the reference product, 2018

Pro bono/Community Service

  • Supporting the legal needs of small businesses adversely impacted by the COVID-19 pandemic, 2021
  • Supporting the legal needs of immigrant children separated from their families and held in detention centers, 2020
  • Supporting legal needs of businesses involved in improving access to life-saving drugs in non-first world countries, 2019
  • Supporting the needs of women in abusive relationships, 2018

Scholarly Lectures/Writings

  • In this CLE presentation, we discuss best processes for in-house counsel in the biopharma space to develop and maintain a dialog with other key stakeholders in order to ensure optimal information flow to ensure patent strategy best aligns with business objectives., Presenter, Lessons Learned: Aligning Life Sciences Patent Portfolio Strategy with Regulatory Processes and Business Objectives, a Litigator’s Perspective, Kilpatrick Townsend Advanced Patent Law CLE Webinar, BioPharmaceuticals, 2021
  • According to the Centers for Disease Control and Prevention (CDC) 2019 report Antibiotic Resistance Threats in the United States (“CDC Report”), “more than 2.8 million antibiotic-resistant infections occur in the United States each year, and more than 35,000 people die as a result.” Globally, that number has been put at 700,000 deaths per year, and estimates project that number reaching 10 million a year by 2050. On December 9, 2020, U.S. Representatives Mike Doyle (D-PA) and Drew Ferguson (R-GA) introduced the Pioneering Antimicrobial Subscriptions to End Upsurging Resistance (PASTEUR) Act to encourage the development of critically needed antimicrobials and antibiotics. This piece touches on key aspects of the bill, and discusses how the incentives contemplated were designed to overcome shortcomings in prior legislation seeking the increase in antimicrobial discovery investment. , Author, Legislative Update: Incentivizing Discovery and Development Investment into Novel Antimicrobial Drugs, Lexology, Pharmaceuticals, 2021
  • This practice note discusses strategies that the patentee may utilize to overcome patent-eligibilitychallenges that are raised early in litigation., Author, Strategies for Overcoming Early Litigation Challenges to Patent Eligibility, Practical Guidance | Lexis Nexis, Pharmaceuticals, Biologics, Medical Devices, 2018
  • Market exclusivity from patents and drug approval authorities is essential for the existence of innovative drug companies. This practice note outlines preemptive steps that should be considered by in-house and outside counsel for an innovator drug company to maximize a product’s regulatory and patent exclusivities and the company’s chances of success in future patent litigation against generic drug applicants., Primary Author, Pre-litigation Preparation and Strategy for Pharmaceutical Product Patents and Exclusivity, Practical Guidance | Lexis Nexis, Pharmaceuticals, Biologics, Medical Devices, 2021
  • This practice note provides guidance for in-house counsel on reducing litigation costs by identifying certain activities that can be moved in-house or steps that can be taken to simplify litigation as early as practicable. We also provide suggestions on how to ensure that you receive early notice of any potential budget adjustments and thereby do not miss opportunities for cost-containment. The note touches on each stage of a case, from the pre-suit investigation through trial., Primary Author, Cost-Containment Strategies for Patentees in Litigtion, Practical Guidance | Lexis Nexis, Pharmaceuticals, 2021
  • This article introduces biosimilars and the litigation process set up by the BPCIA to facilitate resolution of patent disputes between RPSs and biosimilar manufacturers, and touches on related trends, such as the potential use of inter partes review proceedings by biosimilar manufacturers as an alternative to or in addition to litigation., Primary Author, Biosimilars and the Biologics Price Competition and Innovation Act, Practical Guidance | Lexis Nexis, BioPharmaceuticals, 2019
  • With deuterated drugs finally entering the commercial space, this piece looks at patent strategies and considerations in light of recent case law., Primary Author, Protecting deuterated drugs, Intellectual Property Magazine, Pharmaceuticals, 2018

Industry Groups

  • Biologics
  • Biotechnology
  • Chemicals
  • Medical Devices
  • Pharmaceuticals
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Office Location for Michael Furrow

1114 Avenue of the Americas
21st Floor
New York, NY 10036-7703

Last Updated: 2/22/2021

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