Lauren Drake is a partner in the Los Angeles office of Milbank LLP and a member of the firm’s Litigation & Arbitration Group, with a focus on intellectual property.
Primary Focus & Experience
Ms. Drake’s practice focuses on intellectual property and patent litigation, including patent post-grant proceedings. She has extensive experience representing clients in the pharmaceutical and biotechnology industries. Ms. Drake is admitted to practice before the US Patent and Trademark Office.
Select prior experience includes:
- Tris Pharma, Inc. v. Actavis Laboratories FL Inc. Secured an important victory on behalf of Tris Pharma, Inc. in the District of Delaware in a lawsuit against Actavis on patents that cover Tris’s Quillivant XR® product, the first liquid long-acting treatment for ADHD (Attention Deficit and Hyperactivity Disorder). The district court ruled for Tris on both validity and infringement, and specifically found that all of the asserted claims are not invalid, and that Actavis directly and indirectly infringes each of the asserted claims. This ruling will delay Actavis from commercializing its generic version of Quillivant XR® at least until 2031, when the infringed patents expire.
- Peter v. NantKwest / NantKwest v. Lee. Represented NantKwest before the district court, Federal Circuit, and Supreme Court in a 35 U.S.C. § 145 action relating to natural killer cell based therapies for cancer and the Patent and Trademark Office’s ability to recover attorneys’ fees under § 145. Ultimately, the Supreme Court unanimously sided with NantKwest, and struck down the U.S. Patent and Trademark Office’s policy that applicants who appeal to a district court must foot the agency’s attorneys’ fees.
- Celltrion v. Genentech. Defended Genentech and Biogen in connection with 25 IPR petitions in the PTAB for multiple patents relating to methods of using Rituxan. Only 2 of the 25 proceedings resulted in loss of patent claims in final written decisions.
- PDL BioPharma v. Merck. Secured a $19.5 million lump sum payment from Merck to settle PDL BioPharma’s lawsuit filed in the US District Court for the District of New Jersey alleging that Merck’s manufacture of its cancer drug Keytruda infringed a foundational patent relating to the humanization of recombinant antibodies. The case settled little more than one year after it was filed, following the claim construction hearing.
- Ariosa Diagnostics v. Sequenom. Represented Ariosa in patent litigation against Sequenom. Ariosa brought an early summary judgment motion, and the court invalidated Sequenom’s patent because it attempted to cover a natural phenomenon, which is not patent-eligible. The decision gave Ariosa a complete victory and was affirmed by the Federal Circuit in a precedential opinion.
- PDL BioPharma v. Genentech (arbitration). Represented PDL BioPharma, which pioneered technology relating to humanization of recombinant antibodies, in a complex breach of contract matter. The matter settled on terms favorable to PDL.
- Regeneron Pharmaceuticals v. Genentech. Represented Regeneron Pharmaceuticals in connection with a patent case in the US District Court for the Southern District of New York relating to Regeneron’s Eylea and Zaltrap anti-angiogenesis drugs.
Recognition & Accomplishments
Lauren Drake was named to Benchmark Litigation’s 2020 “40 and Under Hot List”, which honors the achievements of the nation’s most accomplished litigators under 40. In 2020, Lauren Drake was shortlisted for Euromoney’s Women in Business Law Awards for “Best in Intellectual Property”. In 2019, Ms. Drake was recognized as “one of the top intellectual property attorneys under the age of 40” by Law360 as part of its annual “Rising Stars” series. She was also named to the Southern California Rising Stars list by Super Lawyers in 2018 - 2021.
She was the author of “Preventing Inequity: Extending Issue Preclusion to Claim Construction During Reexamination of Previously Litigated Patents,” Loyola Law Review (2011).
Ms. Drake received a J.D., summa cum laude, from Loyola Law School, where she was a Sayre Macneil Scholar, a Member of the Order of the Coif and in the Thomas More Law Honor Society. She received her B.S., with high honors, in Biochemistry and Molecular Biology from the University of California, Santa Barbara.
- Loyola Law School, J.D.
- University of California, Santa Barbara, B.S., Biochemistry and Molecular Biology
- US District Court for the Central District of California
- US District Court for the Northern District of California
- US Court of Appeals for the Federal Circuit
- US Patent and Trademark Office