Todd W. Esker represents startup, emerging, and public life sciences companies in his intellectual property practice. He regularly prepares and prosecutes patent applications and performs IP due diligence (opinions, financings, evaluating IP portfolios in connection with due diligence for acquisitions, mergers, financings, collaborations, and partnering deals). He has supervised foreign associates to successfully obtain patents in the 12 most important patent-granting jurisdictions, as well as counseled clients on validation strategies in Europe and patenting strategies in Africa. Todd brings these experiences with multiple jurisdictions to bear when working with clients.
Todd also advises clients on Post-Grant Proceedings before the US Patent & Trademark Office (USPTO) and on Oppositions before the European Patent Office (EPO). He has also delivered lectures on Hatch-Waxman, Orange Book listings, and FDA Exclusivities. Todd’s practice encompasses small-molecule pharmaceuticals, antibodies and other biologics, drug delivery and formulations, imaging probes, medical devices, and chemical catalysts.
Prior to joining Morgan Lewis, Todd served as a judicial extern for Judge Arthur Gajarsa at the United States Court of Appeals for the Federal Circuit, the court with jurisdiction over appeals in patent law matters.
Before beginning his legal career, Todd worked as a research analyst for Stanford Research Institute (SRI) Consulting, and was a graduate student in the chemistry department at the University of California at Berkeley.
University of California, Hastings College of the Law, 2002, J.D.
University of California, Berkeley, 1997, M.S., Chemistry
University of Chicago, 1994, B.S., Chemistry
U.S. Patent and Trademark Office
Awards and Affiliations
Member, Practice Group of the Year, Intellectual Property, Law360 (2019)
Member, Litigation Department of the Year–Intellectual Property, The American Lawyer (2019)