Intellectual Property

Intellectual Property

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Bob Silver and Joseph Murphy have represented Intellectual property clients in a wide variety of matters involving patents, trademarks, copyrights, and unfair competition. Bob and Joe have assisted clients world-wide in obtaining coverage for their clients and in enforcing those rights. They have been involved for many years in patent interferences, patent reexaminations, inter partes and ex parte reviews, as well as in trademark registration, cancellation, and opposition proceedings.

Bob and Joe practice in all technological areas with particular expertise in the pharmaceutical and biotechnological areas. Both have advanced degrees in their various fields of expertise and are both admitted to practice before the United States Patent and Trademark Office as Registered Patent Attorneys.

They actively represent generic pharmaceutical companies in the preparation and defense of Abbreviated New Drug Applications (ANDAs) under the Hatch-Waxman Act. Bob has done so for companies world-wide for over 30 years and been involved in the development of hundreds for pharmaceutical formulations.

Bob and Joe assist clients in designing around existing patents and defending against invalid or unenforceable patents. They regularly perform due diligence for clients in all fields to reduce the risks involved in cutting-edge areas of technology.

Langer, Grogan and Diver, P.C. provides a full range of counseling and litigation services to our clients, beginning with product development.  It also assists clients in exploring and negotiating agreements with all components of the pharmaceutical industry from producers of active pharmaceutical ingredients to producers of finished dosage forms, as well as distribution.

The firm has assisted in the defense of major pharmaceutical cases involving Plavix® (clopidogrel) and Prilosec® (omeprazole), particularly when it relates to an anti-trust component in a patent litigation defense, which is where the areas of anti-trust and patent infringement may intersect.


Boehringer et al. v. InvaGen (10/25/18 D.NJ) represented generic in ANDA litigation successfully invalidating asserted patents covering Tradjenta® (linagliptin) and Jentadueto® (linagliption and metformin). 

Sanofi-Aventis, Sanofi-Synthelabo, Inc., and Bristol-Myers Squibb Sanofi Pharmaceuticals Holding Partnership v. Apotex, Inc., represented generic in ANDA litigation on Plavix® involving largest at risk launch in history in which approximately $1 billion of generic product was sold in 5 days. 

Roxane Labs Inc. v. Invagen Inc., successfully represented defendant generic company in transferring case from Ohio to NJ, defeated Preliminary Injunction, affirmed on appeal and obtained stipulation of non-infringement, affirmed on appeal, in suit by another generic regarding calcium acetate tablets (PhosLo® brand) and ultimately awarded client $2 million in attorney fees finding the case “exceptional”. 

Genzyme v. Pentech Pharmaceuticals, Inc. represented generic in ANDA litigation on Hectorol® invalidating 2 Orange Book listed patents, with third patent being delisted as a result of suit.

Biovail Laboratories, Inc. v. Torpharm. Inc., successfully represented generic company in ANDA litigation involving Tiazac® (diltiazem hydrochloride