Melissa Gibson practices law in the area of intellectual property, with an emphasis on patent infringement litigation in the life sciences and chemical industries.  

Practice & Background

Ms. Gibson has represented companies in litigations involving a wide array of technologies, including complex biopharmaceutical products, consumer chemical products and medical devices. Ms. Gibson also has significant experience representing clients in Hatch-Waxman litigations.  

In addition to her patent litigation work, Ms. Gibson has successfully advocated for pro bono clients on a variety of matters, including seeking asylum for clients escaping dangerous conditions in their country of origin, representing juveniles unconstitutionally sentenced to life without the possibility of parole, challenging the wrongful termination of Section VIII subsidies through Article 78 proceedings and appealing the denial of FEMA assistance for individuals affected by Hurricane Sandy.

Ms. Gibson obtained her J.D. from Temple University Beasley School of Law, where she was a Merck Patent Fellow, president of the Intellectual Property Law Society and a participant in the Giles S. Rich Patent Moot Court competition.

Prior to law school, Ms. Gibson was a Research Biochemist at Merck and has significant experience in High-Throughput Drug Screening and Laboratory Automation. While working at Merck, Ms. Gibson received a Masters of Biotechnology degree from the University of Pennsylvania. She earned a B.S. in Chemical Engineering and Physical Science with a minor in Biomedical Engineering while participating in a dual degree program at Columbia University and Muhlenberg College.

Representative Matters

Ms. Gibson’s recent engagements include:

  • currently representing an innovator pharmaceutical company in a correction of inventorship suit involving methods for the treatment of cancer using an immuno-oncology agent (D. Mass.)
  • currently defending innovator pharmaceutical company in inter partes review proceeding involving methods for the treatment of cancer (Patent Trial and Appeal Board)
  • currently representing an innovator chemical company in a patent infringement suit involving aerosol adhesive products
  • represented pharmaceutical company in patent infringement suit involving PD-1 antibodies (D. Del.); succeeded in obtaining favorable settlement for client (D. Del)
  • represented pharmaceutical company in patent infringement suit involving meningitis B vaccine; succeeded in obtaining favorable settlement resolving the matter (D.N.J)
  • represented medical device manufacturer in Section 337 investigation involving hemostatic hydrogels (International Trade Commission)
  • represented an innovator pharmaceutical company in multiple Hatch-Waxman patent litigations involving patents directed to four oral contraceptive products; succeeded in obtaining favorable settlements resolving the matter (D. Del.; S.D.N.Y)
  • represented an innovator pharmaceutical company in a Hatch-Waxman patent litigation relating to a drug preventing rejection of renal transplant; succeeded in obtaining favorable settlement resolving the matter (D.N.J.)
  • advised a biopharmaceutical company on the strength of its patent portfolio for two injectable products in anticipation of potential patent litigations.