bio werner cropped photo

Email: twerner@carlsoncaspers.com

Phone: (612) 436-9655

Todd S. Werner
Rated by Super Lawyers


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Todd’s practice at Carlson Caspers focuses on helping clients navigate disputes with their competitors.  While Todd handles all types of commercial disputes, his practice is particularly focused on patent litigation, inter partes review (IPR) proceedings, IP licensing/monetization, and counseling.  Leveraging his degree in biochemistry, Todd has represented generic pharmaceutical companies challenging the patent rights of their competitors through ANDA litigation for nearly two decades. For example, Todd led the efforts of Hetero Labs Limited in defeating the patent covering Biogen’s blockbuster Tecfidera® product indicated for multiple sclerosis. Todd also helped Teva Pharmaceuticals defeat several patents directed to abuse-deterrent formulation patents covering multibillion-dollar opioid products, and maintain those verdicts on appeal. Other representative ANDA matters Todd has handled include Millennium v Teva (Velcade® anti-cancer agent), Alcon v. Teva (ophthalimic olopatadine formulations), Merck Sharpe & Dohme B.V. v. Dr. Reddy’s Laboratories, Inc. (Nuvaring® contraceptive), and Pharmacyclics LLC v. Sun Pharma (ibrutinib polymorph patents). Todd also served as lead counsel for a nutraceutical client asserting its patent in a multi-district dispute, including the defense of that patent in IPR proceedings before the USPTO. Todd successfully defended the validity a number of instituted claims, and went on to secure a favorable settlement for his client.

In addition to his life sciences practice, Todd has litigated disputes in many other disciplines, including the electrical, chemical, and mechanical arts. For example, in M-I Drilling Fluids UK Ltd. v. Dynamic Air Inc., Todd secured invalidity judgments on 114 of 117 claims in IPR proceedings challenging five Schlumberger patents directed to the pneumatic conveyance of drill cuttings generated by offshore drilling operations.  In related proceedings in federal court, Todd helped secure an award of over $1.3 million in attorney fees under 35 U.S.C. § 285.

In addition to contested proceedings, Todd counsels clients in the negotiation of intellectual property licenses and joint development agreements, as well as monetization of patent portfolios.

Todd has been named a “Super Lawyer” in patent litigation each year since 2013, and he was previously selected as a “Rising Star” each year from 2008–2012. He was also named a “Best Lawyer” by U.S. News and World Report in 2020. Todd represents military veterans through the Veteran’s Consortium Pro Bono Program, and has also taught Intellectual Property Moot Court at the University of Minnesota Law School, and started a non-profit, Hopeful Halos, that raises funds to support research for a cure for Angelman Syndrome.

EDUCATION

University of Minnesota Law School
J.D., cum laude

Michigan Technological University
B.S., Biochemistry, summa cum laude

BAR ADMISSIONS

Minnesota Supreme Court
U.S. District Court for the District of Minnesota
U.S. Court of Appeals for the Federal Circuit

PUBLICATION

“Key IP Legal Trends 2017-2018 in Brief – Biotechnology, Medical Devices, and Digital Health,” Chapter 12, The IP Book 2018, 16th Ed. (2018).