International and Fortune 500 clients know who to turn to when facing complex patent litigation. As co-leader of Schiff Hardin’s Intellectual Property Group, Sailesh (Sal) K. Patel also co-chairs the firm’s Pharmaceuticals and Biologics Patent Litigation Team and serves on the firm’s executive committee. Sal is a seasoned trial attorney and has first-chaired more than 10 trials and appeals. He is passionate about implementing creative and scientifically sound arguments for his clients, which has resulted in legal precedent-setting cases.

Sal has served as lead counsel on numerous patent infringement litigation matters. With a background in chemical and biomedical engineering, he is familiar with the language of the pharmaceutical and life sciences industries. Defense against patent infringement requires subject matter experts; Sal is skilled at aligning the best experts to successfully defend his clients’ interests.

Sal is effective both in trials and in negotiating favorable settlements for his clients. There are many moving parts in patent litigation, and he is skilled at coordinating multiple parties, experts, and arguments into coherent and persuasive cases. In cases where there are multiple defendants, he represents his clients in a way that makes them stand out from the rest, leading to more favorable results. He also assists companies in Paragraph IV and biosimilars design strategies, helping his clients protect their scientific discoveries.

He has significant experience in preparing and prosecuting patent applications in a variety of technologies. Sal has represented clients in cases involving Hatch-Waxman litigation, biosimilars, wind and solar technology, medical devices, life science, food processing, automotive components, and software, among other sectors.

In addition to his legal practice, Sal also chairs the firm’s Diversity Committee.

  • Experience

    • Allergan v. Akorn (E.D. Tex. 2017) (Successfully defended Akorn at trial in the E.D. Texas invalidating Allergan’s patent covering Restasis®, a billion dollar ophthalmic product.)
    • MillerCoors v. HCL Technologies (N.D. Ill. 2018) (Representing HCL in SAP software implementation dispute)
    • Allergan v. Aurobindo Pharma (D. Del. 2018) (Lead counsel for Aurobindo in linaclotide, Linzess®, ANDA litigation)
    • The Medicines Company v. Aurobindo (D. N.J. 2017) (Lead counsel for Aurobindo in bivalirudin ANDA litigation)
    • Horizon v. Lupin (D. N.J. 2017 and Fed. Cir.) (Lead counsel for Lupin in Vimovo® ANDA litigation)
    • Mylan Institutional v. Aurobindo (E.D. Tex. 2017 and Fed. Cir.) (Lead counsel for Aurobindo in patent litigation involving isosulfan blue)
    • Eli Lilly v. Ajanta and Aurobindo (E.D. Va 2017) (Lead counsel for Aurobindo and Ajanta pharmaceuticals in litigation involving tadalafil, Cialis®)
    • The Medicines Company v. Aurobindo (D.N.J. 2017) (Lead counsel for Aurobindo in bivalirudin, Angiomax®, ANDA litigation)
    • Allergan v. Akorn (M.D.N.C. 2016 and Fed. Cir.) (Lead counsel for Akorn on bimatoprost, Latisse® and Lumigan®, ANDA litigation)
    • Depomed v. Alkem (D.N.J. 2016 and Fed. Cir.) (Represented Alkem in tapentadol, Nucynta®, ANDA litigation)
    • Pfizer v. Fresenius Kabi (D. Del. 2016) (Represented FK in tigecycline 505(b)(2) trial)
    • Otsuka v. Ajanta and Orchid (D. N.J. 2016) (Lead counsel for Ajanta and Aurobindo in aripiprazole, Abilify®, ANDA litigation)
    • Acorda Therapeutics v. Aurobindo, Accord and Alkem (D.Del. 2016) (Representing Aurobindo, Alkem and Accord in dalfampridine, Ampyra®, ANDA litigation)
    • Dexcel v. Sun (D.N.J. 2017) (Represented Sun Pharmaceuticals in omeprazole delayed release litigation)
    • Pfizer v. Aurobindo (D. N.J. 2015) (Lead counsel for Aurobindo in linezolid ANDA litigation)
    • Janssen v. Aurobindo (D. N.J. 2015) (Lead counsel for Aurobindo in galantamine ANDA litigation)
    • Forest v. Sun Pharmaceuticals (D. Del. 2014) (Lead counsel for Sun Pharmaceuticals Ltd. in ANDA litigation of the Alzheimer drug Namenda®,memantine XR).
    • AstraZeneca v. Aurobindo (D.Del. 2016 and Fed. Cir.)(Lead counsel for Aurobindo in ANDA litigation of diabetes drug Onglyza® (saxagliptin)).
    • Rosco Inc. v. Velvac Inc. (S.D.N.Y) (Lead counsel for Velvac in patent litigation involving fender mounted mirror assemblies)
    • Cephalon v. Glenmark (D. Del. 2014) (Lead counsel for Glenmark in bendamustine ANDA litigation)
    • Teva Women’s Health v. Lupin (D.N.J. 2012 and Fed. Cir.)  (Lead counsel for Lupin in ANDA litigation for birth control drugs Seasonique and Loseasonique)
    • Teva Women’s Health v. Lupin (D.N.J.) (Represented Lupin in Seasonale® ANDA litigation)
    • Warner-Chilcott v. Lupin (D.N.J.) (Represented Lupin in Loestrin and Femcon ANDA litigation)
    • Sciele Pharma v. Lupin (D.Del.) (Represented Lupin in metformin, Fortamet, ANDA litigation)
    • Shire v. Mylan (D. Del.) (Represented Mylan in lanthanum carbonate ANDA litigation)
    • Abbott Laboratories v. Mylan Inc. (N.D. Ill) (Represented Mylan in lopinavir/ritonavir ANDA litigation)
    • Kodak v. DR Systems (S.D. Cal. 2009) (Represented Kodak in patent litigation involving MRI imaging systems)
    • AstraZeneca v. Sandoz (D.N.J.) (Represented Sandoz in quetiapine ANDA litigation)
    • AstraZeneca v. Lupin (D.N.J.) (Represented Lupin in esomeprazole ANDA litigation)
    • Sepracor v. Lupin (D.N.J.) (Represented Lupin in eszopiclone ANDA litigation)
    • AstraZeneca v. Lek and Sandoz (S.D.N.Y.) (Represented Lek and Sandoz in omeprazole litigation. Obtained a finding of non-infringement opening the U.S. market for a generic version of Prilosec)
    • Schreiber Foods v. Saputo Foods (N.D. Ill) (Represented Schreiber in patent litigation involving imitation cheese)
    • Continental Can v. Orexo (N.D. Ill) (Represented Continental Can in patent litigation involving oxygen barrier films)
    • Sailesh has also handled many inter partes review petitions in the USPTO.
  • Credentials


    • Boston College Law School, J.D., 1999
    • Northwestern University, B.S., Chemical Engineering, 1996

    Bar Admissions

    • Illinois
    • U.S. Court of Appeals for the Federal Circuit
    • U.S. District Court for the Northern District of Illinois
    • U.S. District Court for the Eastern District of Michigan
    • U.S. Patent and Trademark Office

      Professional Memberships

      • American Bar Association
      • Asian American Bar Association of Chicago, Honorary Board Member
      • Indian-American Bar Association of Chicago, Advisory Council, Past President
      • North American South Asian Bar Association, Former Board of Directors, Intellectual Property Section, Former Chair
      • Intellectual Property Law Association of Chicago, Past Board of Managers

      Teaching Appointments

      • Chicago-Kent College of Law, Pharmaceutical Patent Law, Adjunct Professor
    • Insights


      Diversity in the Legal Profession

      TerraLex 2020 Virtual Global Meeting

      News Release

      Best Lawyers Recognizes 59 Schiff Attorneys, Six “Lawyers of the Year,” and 21 Ones to Watch

      Schiff Hardin LLP is pleased to announce that 59 attorneys have been listed in the 2021 edition of The Best Lawyers in America, with six attorneys also being named a “Lawyer of the Year” in their respective areas of practice and location.

      News Release

      Firm and Four Attorneys ranked in the 2020 IAM Patent 1000

      Schiff Hardin LLP is proud to announce that the firm and four of its attorneys have been ranked in the ninth edition of IAM Patent 1000: The World’s Leading Patent Professionals, a guide that identifies top patent professionals based on 1,800 interviews with private practice and in-house professionals.

      News Release

      Managing IP Recognizes Three Schiff Hardin Attorneys as IP Stars 2020

      Schiff Hardin is pleased to announce that three Intellectual Property Practice Group attorneys have been recognized as IP Stars in Illinois for 2020 by Managing Intellectual Property.


      Inherent Obviousness: A Case Study on a Less Known but Effective Defense

      9th Annual Pharma IPR Conference 2020

      Mumbai, India
      News Release

      Eighty-Eight Attorneys Named to 2020 Leading Lawyers

      Schiff Hardin LLP is pleased to announce that 88 attorneys have been named to the 2020 Leading Lawyers list.

      News Release

      Thirty-Two Attorneys Named to 2020 Super Lawyers and Rising Stars Lists

      We are pleased to announce that 32 Schiff Hardin attorneys have been recognized on the 2020 Illinois Super Lawyers and Rising Stars lists.

      In The News

      Patel Featured on Patent Hurdles Faced by Biosimilars to Get to Market

      Biosimilars Patent and Antitrust Perspectives Virtual Panel

      News Release

      Aly and Patel Named 2019 Life Sciences Stars

      Intellectual Property Practice Group Co-Leaders Imron Aly and Sailesh Patel were named Life Sciences Stars in the Hatch-Waxman Patent Litigation Practice Area by LMG Life Sciences in its 2019 guide.

      Other Publications

      • “The Supreme Court's Mayo v. Prometheus Decision: The Implications for Biotechnology,” (co-author) The National Law Review (Mar. 23, 2012)
      • “There Is No Orange Book: The Coming Wave of Biological Therapeutics,” (co-author) Oxford University Journal of Intellectual Property Law & Practice (2011)
      • “Inequitable Conduct: Therasense En Banc,” SpicyIP Blog, (India) (Mar. 27, 2011)
      • “Northern Ill.’s New Local Patent Rules,” Law360 (Nov. 6, 2009)
      • “Federal Circuit Review of Markman Issues (2002),” Litigation Committee, Intellectual Property Law Association of Chicago (IPLAC) (Dec. 2003)
      • “Federal Circuit Review of Markman Issues (2001),” Litigation Committee, Intellectual Property Law Association of Chicago (IPLAC) (Dec. 2002)

      Speeches & Presentations

      Sailesh is a regular presenter and faculty member on intellectual property issues. Recent presentations include:

      • ”Diversity in the Legal Profession,” TerraLex 2020 Virtual Global Meeting, Webinar (Nov. 12, 2020)
      • “Inherent Obviousness: A Case Study on a Less Known but Effective Defense”, 9th Annual Pharma IPR Conference 2020, Mumbai, India (Mar. 4, 2020)
      • “Doctrine of Equivalents: Latest from the Federal Circuit,” (webinar) Intellectual Propery Owners Association (Oct. 2, 2019)
      • “Doctrine of Equivalents: Tips for Plaintiffs, Defendants, and Patent Prosecutors,” (webinar) Intellectual Property Owners Association (Jun. 18, 2019)
      • “2018: A Year of Change for Post Issuance Proceedings,” 4th Annual IP Strategy Summit: Chicago, Chicago, Ill. (Jun. 5, 2018)
      • “The On-Sale Bar and its implications in Hatch-Waxman Litigation,” Pharma IPR conference, Mumbai, India (Mar. 2018)
      • “A View from the Bench: The Federal Judges Speak on Paragraph IV Litigation,” (moderator) Paragraph IV Disputes Master Symposium – ACI’s Hatch-Waxman Series, Chicago, Ill. (Oct. 3, 2017)
      • “The State of the Asian American Attorney in Chicago Law Firms,” (panelist) The Chicago Committee, Chicago, Ill. (Jun. 3, 2015)
      • “Takeaways from High-Profile Biosimilar Court Cases,” Business of Biosimilars Conference, Boston, Mass. (Oct. 21, 2014)
      • “Perils of the Safe Harbor: Understanding How the Resetting of the Boundaries of 271(e)(1) in the Aftermath of Classen and Momenta Is Impacting Paragraph IV Litigation Strategies,” American Conference Institute, New York, N.Y. (Apr. 29, 2014)
      • “Cost-Effective Litigation Management Strategies for Paragraph IV Litigation,” Pharma IP and Regulatory Conference, Mumbai, India (Feb. 26, 2014)
      • “Formulating Assertions and Defenses in View of New Substantive and Procedural Developments in the Federal Courts and PTO,” Paragraph IV Disputes Master Symposium, American Conference Institute, Chicago, Ill. (Oct. 3, 2013)
      • “Freedom to Operate Issues and Patent Litigation Considerations for Biosimilars,” Second International Conference on Biowaivers and Biosimilars, Raleigh, N.C. (Sep. 23, 2013)
      • “Breaking Developments in Hatch-Waxman Litigation: Paragraph IV Disputes and Beyond,” Legal and Regulatory Summit on Generic Drugs, New York, N.Y. (Jul. 17, 2013)
      • “Antitrust Concerns in Settlement of Paragraph IV Litigation,” Pharma IP and Regulatory Conference, Mumbai, India (Apr. 10, 2013)
      • “Evaluating the Patentability Standards in the Pharmaceutical Industry to Mitigate the Risks Involved in Product Launches in Analyzing Freedom-to-Operate Issues,” Pharma IPR Conference, Mumbai, India (Feb. 1, 2012)
      • “A Glimpse of the Future – US Biosimilars Litigation Considerations,” Biopractice.com webinar (Dec. 15, 2011)
      • “Alleging and Defending Against Inequitable Conduct in a Paragraph IV Case: Legal and Ethical Considerations,” Paragraph IV Disputes, American Conference Institute, New York, NY (May 4, 2011)
      • “IP Overview for Drugs and Biologics: Hatch-Waxman, BPCIA, Trade Dress, and More,” Paragraph IV Disputes, American Conference Institute, New York, NY (May 2, 2011)
      • “The Scientist: Discussing the ‘Invention’ History With an Eye Towards Distinguishing the Innovative Nature of the Generic Product and Proving Invalidity,” Paragraph IV On Trial, American Conference Institute, New York, NY (Nov. 13, 2009)

    Product Liability and Mass Torts Blog

    FDA Issues Final Guidance on Biosimilars

    Shortly after approving the first biosimilar under the abbreviated approval pathway created by the Biologics Price Competition and Innovation Act of 2009 (“BPCIA”), the FDA has recently issued 3 final guidances regarding biosimilars. Biological products, or “biologics,” are pharmaceutical products created from biological sources. Unlike chemically synthesized pharmaceuticals, biologics are isolated from natural sources, and... Continue Reading


    Clients Rely on Aly and Patel as Strategic Advisers to Bring Generic Drugs to Market

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    Aly and Patel are Strategic, Must-Have Advisers Who Bring Generic Drugs to Market Copy: Intellectual Property Practice Group Co-Leaders Imron Aly and Sailesh Patel were featured in Leading Lawyers Magazine—2018 Business Edition for their successful track record in challenging giant pharmaceutical companies to bring generic drugs to the marketplace. MORE