Elbert

Maya Elbert, Ph.D.

Partner
Registered Patent Attorney
New York

I help life sciences clients protect innovations and develop effective patent strategies.

Dr. Maya Elbert is a patent attorney with more than 15 years of experience in creation, strategic management, and evaluation of intellectual property assets for life sciences clients. She develops and implements global patent strategies, manages patent portfolios, prepares patent invalidity and non-infringement opinions, and leads patent landscape analyses, freedom-to-operate analyses, and patent portfolio due diligences for financings, investments, licenses and acquisitions. 

Maya has experience with third party submissions, third party observations, inter partes review, EPO opposition proceedings, patent interferences and ex parte reexaminations. She also supports licensing and collaboration agreements.

Maya’s clients include startups, mid- and large size biotech and pharma companies, universities, and investment funds. She has experience obtaining and evaluating IP covering, inter alia, antibodies, gene therapies, gene editing technology (CRISPR), RNA interference, peptide therapeutics and vaccines, cellular therapeutics (including CAR Ts and iPSCs), biomanufacturing, biosynthetic cannabinoids, biopolymers, small molecule therapies, nutritional supplements and pharmaceutical formulations.

Education

  • Georgetown University Law Center, J.D., 2007
  • Joan & Sanford I. Weill Medical College of Cornell University, Ph.D., Pharmacology/Cell Biology, 2004
  • Saint Petersburg State University, Russia, B.S., Biology, 1995

Bar and Court Admissions

BAR ADMISSIONS
  • New York
  • U.S. Patent & Trademark Office (Agency)

Experience

  • Representation of numerous biotechnology companies (from start-ups to large size companies), pharmaceutical companies, and research institutions in securing global patent protection for, e.g., innovative antibodies, gene therapies, gene editing technologies, peptide therapeutics, vaccines, cellular therapeutics, biosynthetic cannabinoids, biopolymers, small molecule therapies, nutritional supplements and pharmaceutical formulations.
  • Representation of biotechnology companies, pharmaceutical companies and investment funds in intellectual property asset due diligence investigations in connection with financings, investments, licenses and acquisitions.
  • Client counseling in connection with patent landscape analyses in the fields of, e.g., RNA interference, therapeutic antibodies, gene therapies, gene editing, cellular therapeutics, and biosynthetic cannabinoids.
  • Preparation of formal and informal invalidity and non-infringement patent opinions in connection with patents covering, e.g., therapeutic antibodies, RNAi technologies, gene therapies, and biomanufacturing technologies.  
  • Preparation of Third Party Submissions for filing with the U.S. Patent and Trademark Office, and Third Party Observations for filing with the European Patent Office (against third party pending patent applications).
  • Support of patent and technology aspects of licensing and collaboration agreements. For examples, supported LigaChem Biosciences (KRX: 141080), a clinical stage biopharmaceutical company, in two transactions involving the license of LigaChem technology to Ono Pharmaceutical (TSE/TYO: 4528), to grow Ono’s oncology portfolio:
    • an exclusive license to LCB97, a pre-clinical stage antibody-drug conjugate (ADC) aimed at being a first-in-class drug in the field of solid tumors, for upfront and milestone payments of up to $700 million, plus tiered royalties; and
    • a research collaboration and license agreement to generate novel ADC candidates leveraging LigaChem’s ConjuAll™ ADC platform, granting Ono an exclusive global right to ADC candidates to be generated against multiple targets selected by Ono, for a target exclusivity fee, milestone payments, and tiered royalties.

Other Publications

  • Co-author, “USPTO’s October 2019 Update to 35 U.S.C. § 101 Patent Eligibility Guidance,” Legal Update (2019)
  • Co-author, “Inequitable Conduct: Analysis of Post-Therasense Court Decisions and the Supplemental Examination Provision of the America Invents Act,” Bloomberg Law Reports (2011)
  • Co-author, “Par1b Promotes Cell-Cell Adhesion and Inhibits Dishevelled-mediated Transformation of MDCK Cells,” Molecular Biology of the Cell, Vol. 17, No. 8 (2006)
  • Co-author, “The Yeast Par-1 Homologues, Kin 1 and Kin 2, Show Genetic and Physical Interactions with Components of the Exocytic Machinery,” Molecular Biology of the Cell, Vol. 16, No. 2 (2005)

Other Events

  • “Reliance on “Equivalents” to Broaden Coverage for Biologics,” Legal Seminar (2024)
  • “Antibody Claiming Strategies: How Did We Get Here? Where Are We Going? Means-Plus-Function for Antibodies“ Legal Seminar (2024)
  • “Patent Inventorship in the U.S.,” IP Strategy Virtual Summit (2020)
  • “Responding to §103 Rejections in Office Actions from the USPTO,” Legal Seminar (2017)
  • “Keep in Step with 35 U.S.C. §101: Navigating Blurred Lines Between Steps 1 and 2 of §101 Analysis,” Legal Seminar (2017)
  • “Opinions of Counsel Post-Supreme Court’s Halo decision,” Legal Seminar (2017)
  • “The 2011 America Invents Act Proposed Rules: Supplemental Examination,” Legal Seminar (2012)
  • “Post-Therasense: Its Application and Revisions to Rule 56 Proposed by the U.S. Patent and Trademark Office,” Legal Seminar (2011)