ATTORNEYS & STAFF
Beverly W. Lubit, PhD
Partner
Phone: 212-416-4676
Email: blubit@bochner.law
Biography
Dr. Beverly Lubit has decades of experience – as IP counsel, deal advisor, and litigator – successfully guiding her clients through their legal issues and helping them to realize the potential of their technologies, products, and services to improve lives.
Beverly advises clients on complex intellectual property matters, focusing on the pharma, biotechnology, medical device, and energy industries.
She has a broad technical knowledge of these commercial spaces and the applications driving innovation within them and has drafted and prosecuted dozens of patents related to a vast number of different treatments and technologies. From cutting-edge cancer, stem cell and neurochemistry therapies to orthopedic devices to dietary supplements and food optimization processes to biofuel development, her practice has touched an extraordinarily wide array of groundbreaking work at the nexus of science and business.
Beverly has navigated Hatch-Waxman and BPCI Act issues relating to small molecule and biosimilar drugs, respectively, in a variety of transactional matters, patent and other litigation, IP due diligence evaluations, opinion letters, licensing, patent prosecution, and regulatory issues with a particular emphasis on life sciences.
She provides comprehensive counsel and guidance on all manner of transactions, commercial agreements and regulatory compliance issues – from operational, production, and distribution-related contracts to consulting and research agreements to disclosure schedules, among others.
A significant portion of Beverly’s career has also been spent litigating patent infringement and other matters on a wide array of technologies, medications, and products, which deeply informs her patent drafting and transactional work.
In addition, Beverly works closely with emerging companies, venture capitalists, and company boards to develop practical IP strategies to help them bring their products and/or services to market.
Representative Matters
- Various biotechnology clients—Prepared patent related opinions
- Prepared patent noninfringement, validity, and freedom to operate opinions relating to polymer chemistry, cellular therapies, and therapeutic antibodies.
- Hospital entity—Preparation and negotiation of joint venture agreements and IP management plan
- Prepared clinical trial agreements, funding agreements, and subaward agreements related to multisite grant-funded clinical trials for a hospital entity. prepared and negotiated IP Management Plan, Affiliation Agreements, Joint Venture, and Strategic Partnership Agreements between the involved hospital entities.
- Hospital entity
- Negotiated a Master Services Agreement and Business Associate Agreement under HIPAA through which the Business Associate provides phase one clinical trial management services in oncology to a major U.S. healthcare system; responsible for legal review of clinical trial agreements with individual sponsors.
- Various universities, medical centers, healthcare IT and biotech startups—Patent prosecution
- Successfully drafted and prosecuted patent applications for universities, medical centers, and biotech startups in regenerative therapies; medical devices; cellular products; therapeutics, including small molecule inhibitors, protein inhibitors, and nucleic acid inhibitors; drug delivery systems, and healthcare IT.
- Medical devices
- Negotiated IP related provisions of sponsored research and option agreements relating to a patent portfolio of medical devices. Provided strategic advice regarding optioning patents and IP advice regarding ongoing patent prosecution of involved patents.
- Prepared AdvaMed-compliant terms and conditions for commercialization of FDA-approved device; consulting physician agreements; scientific advisory board agreements
- Medical practice—Prepare and negotiate various joint venture, consulting, and IP agreements
- Prepared uniform consulting terms and conditions, policies regarding outside activities, and assignments for a medical practice. Provided strategies regarding same. Also, prepared and negotiated joint development agreements, assignments, IP purchase agreements, and consulting agreements that govern consulting relationships.
- Start-up biotechnology company—Licensing negotiations
- Represented a start-up biotechnology company in negotiating and preparing exclusive license with a major U.S. university. Prepared and negotiated master services agreements with service providers.
- Negotiated license agreement between Healthcare Network, funding group, and principals of a start-up biotechnology company founded with IP created by researchers at the Network..
- Various biotech, medical treatments, and commercial tech manufacturers – Patent infringement and various other litigation
- Advised and consulted on litigation strategy. Worked closely with both testifying and non-testifying experts. Drawing on deep understanding of the technology and science behind widely variably life sciences and commercial products, including ciprofloxacin (antibiotic), human growth hormone, ondasetron (Zofran™ – Hatch-Waxman), golf ball dimpling, polymerase chain reaction (PCR) for nucleic acid sequencing, facial recognition software, among others.
Honors/Recognition
- IAM Patent 1000, New Jersey, 2016–2024
- Chambers USA, New Jersey Intellectual Property, 2013–2016
- New Jersey Law Journal – Top Women in Law, 2016
- Sigma Xi (1977)
- Phi Beta Kappa (1972)
Practice AreaS
- Intellectual Property
- IP Litigation
- Patents
- Life Sciences
- Venture Capital & Emerging Growth Companies
Industries
- Biotech
- Medtech and medical devices
- Pharmaceuticals
- Healthcare
- Energy
Education
- New York Law School – JD, magna cum laude, 1998
- Fairleigh Dickinson University – MBA Finance, 1992
- Columbia University – PhD Microbiology, 1974
- Columbia University – MPhil, 1975
- Columbia University – MA, 1975
- New York University – BS, cum laude, 1972
Bar Admissions
- New Jersey
- New York
- Arizona
- U.S. Patent & Trademark Office
Court Admissions
- U.S. Court of Appeals – Federal Circuit
- U.S. District Court for the District of New Jersey
- U.S. District Court for the Eastern and Southern Districts of New York
Memberships and Certifications
- American Bar Association
- American Chemical Society (Past member)
- New York City Bar Association (Past member – Science and Law Committee)
- BIONJ – Biopartnering Committee
- New Jersey State Bar Association
- New York State Bar Association
Civic Involvement & Extra Professional Activities
- Healthcare Institute of New Jersey (Beverly was a longtime volunteer working to improve the business ecosystem for life science companies in the State.)
- BIONJ (Beverly has continued the above work through BIONJ. She was a member of the Clinical Trial Development Committee working to keep clinical trials in New Jersey and has coached and reviewed applications for presentation by companies in preparation for BIONJ’s annual Biopartnering Conference.)
Languages
- French
- Spanish