Colleen Superko

Mrs. Superko serves as counsel to many sectors of the pharmaceutical and biotechnology industries, including both start-up ventures and well-established, multi-national branded companies. For more than fifteen years, she has gained experience in all areas of drug discovery through drug development, including product launch. Mrs. Superko understands the integral role that IP plays during the different stages of pharmaceutical development. Her diverse patent practice includes strategic development, analysis and management of domestic and foreign patent portfolios, client counseling, intellectual property due diligence for licensing, transactions and financings, opinion work and patent litigation. She advises life science clients across a spectrum of innovative technologies, including small molecule discovery and development, biologics, stem cell research, protein and antibody expression and purification, screening assays, formulations and combination products. She is also heavily invested in growing the firm's clean technology practice, particularly, alternative fuel sources.

Her practice centers around her ability to listen to and comprehend her client's issues and deliver critical IP advice that is tailored to leverage the entity's business objectives. With respect to domestic patent procurement, Mrs. Superko provides patent prosecution services, conducts appeals, files ex parte and inter partes reexamination proceedings and calculates patent term adjustment before the USPTO. Her opinion work focuses on patent infringement, validity, scope and enforceability issues. She has provided frequent due diligence advice to potential investors needing to understand the risks associated with funding a technology and its related intellectual property, and to companies seeking to acquire product portfolios, launch an IPO or series financing, or in-license molecules or platform technology from a third party. Mrs. Superko spends a significant amount of time conducting pre-litigation investigations for patent infringement and ANDA actions, as well as playing an active role in the proceedings if they mature beyond the investigatory stage. The pitfalls she contends with in litigation help to inform her drafting and prosecuting of patents that cover commercial products and their improvements. She particularly enjoys working with scientific fact and expert witnesses. With regard to the interplay between the FDA regulatory practice and patents, Mrs. Superko regularly advises clients on Orange Book listing strategies, patent term extension, and other life cycle management opportunities for New Drug Applications.

Mrs. Superko was actively involved in the creation of the firm's BIO 2009 panel in Atlanta on Shaping Follow-on Biologics Policy: The Interplay of Date Exclusivity, Patient Safety and Patents.

She successfully represented several homeless clients seeking to obtain Social Security Administration Disability benefits, both in the hearing stage and on appeal, through the firm's affiliation with Lawyer's Clearinghouse.

Good to know

Areas of Practice 1) Intellectual Property, 2) Patent, 3) Copyright, 4) Licensing and Technology Transfer and 5) Litigation
Law School Catholic University of America, Columbus School of Law, J.D.,1992
Education Dickinson College, B.S.,1984
Bar Member / Association Maryland State Bar Association, Massachusetts State Bar Association
Most recent firm WilmerHale
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