Melissa Brand

Melissa Brand

Melissa Brand is Associate General Counsel and Director of Intellectual Property at the Biotechnology Innovation Organization (BIO), a major trade association with over 1,000 members in the biotechnology industry. In her role at BIO, Ms. Brand advocates on domestic and international intellectual property matters, with a particular emphasis on patent law and policy. Prior to joining BIO, Ms. Brand worked as a patent litigator at Latham & Watkins and Wilson Sonsini Goodrich & Rosati. Ms. Brand also served as a law clerk to the Honorable Kimberly A. Moore at the United States Court of Appeals for the Federal Circuit. She graduated magna cum laude from the University of San Diego School of Law where she was a member of the Order of the Coif and served as a Comments Editor for the San Diego Law Review. She graduated cum laude with a degree in Biomedical Engineering from Vanderbilt University.


Posts by Melissa Brand


The Re-Written American Axle Opinion Does Not Bring Peace of Mind for Section 101 Stakeholders

In the spring of 2018, a district court invalidated a patent claiming methods of manufacturing a pickup truck drive shaft for failure to recite patent-eligible subject matter. Industry …
By Melissa Brand & Hans Sauer
10 months ago 26

Expansion of the Blocking Patent Doctrine: Trading Logic for Gremlins

Since Merck & Co. v. Teva Pharmaceuticals, blocking patent arguments have arisen in the Federal Circuit primarily in the pharmaceutical patent context, and until now have largely been …
By Melissa Brand & Hans Sauer
3 years ago 4

Conjecture and Speculation in Patent Obviousness: Trading Logic for Hindsight

Hindsight bias, the phenomenon that things seem more predictable and obvious after they have occurred, is one of the most widely-studied “decision traps” in psychology... Patent litigation …
By Hans Sauer & Melissa Brand
3 years ago 7

Doubling Down on Double Adjudication – the MerchSource post-issuance review model

Imagine this: you become aware of a patent that might cover your products, so you reach out to the patentee to secure a license agreement. After negotiating …
By Melissa Brand & Hans Sauer
3 years ago 6