Brian Trinque

Practice Areas

Intellectual Property

Intellectual Property Diligence

Inter Partes Review

Licensing & Commercial Transactions

Patents

Intellectual Property Litigation

Career

Brian leverages his chemistry background and technical skills to help protect advances in the pharmaceutical industry. He loves his work because the patented technologies “help people return to normal life after experiencing illness, increase lifespans, create a better quality of life, and ensure better healthcare.” According to one client, “We have gotten some patents granted that have not been straightforward. Chemistry components are important to us. As time goes on, getting patents granted is not trivial. There’s been a lot of good thought from Brian and his team.”

Brian Trinque has been advising clients in the pharmaceutical industry on patent evaluation and strategy for over 20 years. He works regularly with multinational pharmaceutical corporations, mid-size companies, early-stage operations, and universities to identity patentable subject matter, prepare patent applications covering those developments, and prosecute those applications worldwide to create assets that are critical for protection of commercial efforts. Brian leads Lathrop GPM’s Chemical and Pharmaceutical Patent Prosecution Practice, where he plays a vital role in supporting innovation, promoting business growth, and fostering intellectual property protection.

Brian has served on the firm’s Executive Committee since 2018 and is Partner in Charge of the Boston office.

Embracing innovation and contributing to thought leadership in his field, Brian works diligently to stay at the forefront of legal developments while becoming integrated into the client’s day-to-day operations. He believes in full communication and being proactive to prevent future problems around a client’s patent state. He said, “We have built a large bench of successful, experienced chemists who deliver high-quality work products in a timely manner. Time to market is critical and clients need to know we are focused on their best interests, so they maintain the rights to their inventions.”

Brian is a trained organic chemist and has extensive experience prosecuting and assessing patent portfolios in all aspects of the chemical arts, including small molecules and biologics. This experience includes developing patent strategies from discovery to commercialization, and includes prosecuting portfolios covering:

a JAK 1/2 inhibitor approved for the treatment of myelofibrosis, polycythemia vera, and steroid-refractory acute graft-versus-host disease.

a long-actinginjectable atypical antipsychotic having activity against certain serotonin receptors.

a c-Met inhibitor approved for the treatment of non-small cell lung cancer.

a PI3K inhibitor approved for the treatment of PIK3CA-related overgrowth spectrum.

multiple patent portfolios directed toward the identification and manufacturing of radioligands for treatment and imaging.

He has deep familiarity with late-stage and clinical developments that, while a vital part of a robust patent portfolio, require an understanding of Federal Circuit case law history to assure successful coverage. Patents acquired in this space include:

Administration routes

Combination therapies

Dosage forms

Formulations

Metabolites

Medical devices

Polymorph crystal forms

Prodrugs

Salt forms

Synthesis procedures

Strategies around patient package inserts

In addition to his pharmaceutical knowledge, Brian has experience in non-life science chemistries, including polymers, materials science, process chemistry, electronic displays, fuel cell technology, biofuels, nutraceuticals, and food products. He also represents early-stage companies with their financing needs. Recent successes include:

Representing a start-up radioligand therapy company through an up-to $1.75 billion acquisition by a large pharmaceutical company.

Representing a start-up developing a pan-JAK inhibitor for lung-related conditions through a $40M series A financing.

Representing a start-up developing new cancer treatments through a $175 million series B financing.

Representing a start-up focusing on inflammation and age-related disorder treatments through a $90 million oversubscribed Series C financing.

Experience

Acting as intellectual property counsel to one of the largest pharmaceutical companies in the world on patent prosecution, due diligence, licensing, transaction, litigation, and enforcement matters.

Serving as intellectual property counsel to a global pharmaceutical company handling patent litigation to protect it from an attack on the company's European Patent rights.

Representing a leading, UK-based biopharmaceutical company focusing on central nervous system diseases including maintaining a patent portfolio that generated $241 million in revenue in one year.

Prosecuting a number of patent portfolios that cover small molecule drug compounds having worldwide approval in the areas of oncology, neurological diseases, and muscle diseases.

Prosecuting families of patent applications directed toward various small-molecule drug candidates in clinical development.

Preparing and managing U.S. and international patent portfolios in a variety of technical areas, including small molecules, biologics, synthetic methods, drug delivery compositions, polymers, materials science, and medical devices.

Preparing patentability, freedom to operate, and invalidity patent opinions.

Assisting with due diligence related to acquisitions and licenses on behalf of acquirers.