Heinz J. Salmen

Heinz J. Salmen is a partner at Rakoczy Molino Mazzochi Siwik LLP (RMMS), specializing in pharmaceutical patent litigation, particularly within the life sciences sector. His practice primarily involves defending operating companies, notably generic pharmaceutical manufacturers, as evidenced by his appearances as counsel and lead counsel for defendants in patent disputes. His experience encompasses Hatch-Waxman litigation, and matters involving pharmaceutical composition, formulation, and medical devices.

Mr. Salmen has been a key member of litigation teams that have successfully defeated motions for preliminary injunctions, enabling clients to keep products on the market or launch generic versions. He has also contributed to teams that have invalidated Orange Book-listed patents after trial. His notable case experience includes representing Mylan Pharmaceuticals Inc. as lead counsel in Regeneron Pharmaceuticals, Inc. v. Mylan Pharmaceuticals Inc. et al., a complex Biologics Price Competition and Innovation Act (BPCIA) pathway dispute concerning aflibercept (EYLEA®). In this litigation, which involved multiple appeals, courts affirmed the denial of preliminary injunctions against biosimilar applicants in some instances, although other rulings affirmed injunctions protecting Regeneron's patent portfolio against a biosimilar coalition, including Mylan. He has also represented Fresenius Kabi USA, LLC in Haemonetics Corporation v. Fresenius Kabi USA, LLC et al., a medical device patent infringement case.

In addition to district court litigation, Mr. Salmen has experience in Patent Trial and Appeal Board (PTAB) proceedings. He was listed as counsel for Petitioner Mylan Pharmaceuticals Inc. in an inter partes review (IPR) proceeding, IPR2016-00710, demonstrating his involvement in post-grant challenges. RMMS, his firm, has also publicly noted securing IPR victories related to aflibercept dosing patents.

Prior to his legal career, Mr. Salmen gained scientific experience as an associate pharmacologist at Abbott Laboratories and a research technician at the University of Chicago, contributing to several published articles. He holds a Bachelor of Science in Biology.