People: Thomas A. Haag, Ph.D., Partner

Photo of Thomas A. Haag, Ph.D., Partner

Thomas A. Haag, Ph.D.

Partner

Washington, D.C.
Direct: (202) 828-3546
Fax: (202) 777-0782
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Thomas Haag is a partner in the Intellectual Property Department of Seyfarth Shaw LLP’s Washington D.C. office where he co-chairs the firm’s chemical & life science patent team.  His practice focuses on pharmaceutical and biotechnology patent counseling, due diligence and licensing/transactional matters; as well as Hatch-Waxman litigation and patent opinion work.
 
He has extensive experience strategically managing large patent portfolios, drafting and negotiating biomedical patent licenses, asset purchase agreements and joint-development agreements.  Dr. Haag’s technical expertise is in molecular biology related technologies including those in the fields of immuno-oncology, cancer/infectious disease vaccines, nucleic acid-based therapeutics, stem-cell therapeutics, gene editing and therapy, epigenetics, transgenic plants, next generation sequencing (NGS), biologics and biosimilars.
   
Previously, Dr. Haag was a Founding Partner and Chair of Fanelli Haag PLLC. Fanelli Haag was acquired by Seyfarth Shaw LLP in October 2016. Fanelli Haag was a leading intellectual property boutique law firm focused on issues facing the biotechnology, pharmaceutical, nanotechnology and chemical industries.
 
In 2015, Corporate Counsel ranked Fanelli Haag as a “Most-Favored IP Boutique — One of the best firms in IP,” according to a report from BTI Consulting Group.  CorporateINTL Magazine named Fanelli Haag “2016 Biotech Patent Law Firm of the Year” in Washington, D.C. and listed Thomas in its 2016 Who’s Who Advisor Handbook. Additionally, Dr. Haag was named ACQ Global Legal Awards' 2016 “Game Changer of the Year” in Washington, D.C.
    
Dr. Haag has firsthand experience in translating biotechnologies into successful commercial ventures.  While at Fanelli Haag, Dr. Haag served as acting CEO of PhosImmune, Inc., an immuno-oncology neoantigen discovery startup company co-founded and built by Fanelli Haag and ultimately acquired by Agenus, Inc. (NASDAQ: AGEN) in December 2015.
  
Prior to founding Fanelli Haag, Dr. Haag served as General Counsel of Arrowhead Research Corporation (NASDAQ: ARWR), a private equity firm focused on investments in the life sciences industry. While at Arrowhead, he successfully represented its subsidiary Calando Pharmaceuticals, Inc. in drug development partnership deal with Cerulean Pharma, Inc. worth a multi-million upfront and milestone payment plus royalties for CyclosertTM small molecule delivery platform and its associated IT-101 (now CRLX101) phase II lead drug.
 
Dr. Haag also served as CEO of Arrowhead’s Tego Biosciences subsidiary and successfully negotiated and closed its sale to Luna Innovations, Inc. (NASDAQ: LUNA) in a large deal in upfront and milestone payments plus royalties.
 
Prior to Arrowhead, Thomas was in private practice in the Washington D.C. offices of two international law firms, where he was involved in Hatch-Waxman litigation, prosecuted biotechnology patents, drafted formal opinions of counsel and gained experience in coordinating IP and FDA regulatory strategies.
 
Dr. Haag graduated from The George Washington University Law School with honors, where he also received the ABA/BNA Award for Excellence in the Study of Intellectual Property Law. During law school he was an intern at the German Federal Patent Court, and a 2002 Fellow of the Research Fund of the European Patent Organization for a project completed at the Max Planck Institute for Intellectual Property, Competition and Tax Law in Munich. Dr. Haag received a B.S. in Biology and Ph.D. in Molecular, Cell & Developmental Biology from UCLA where he was an NIH Pre-Doctoral Fellow in Genetic Mechanisms.
 
Dr. Haag was selected to be a 2005 Manfred Wörner Fellow of the German Marshall Fund of the United States.  Additionally he has served as Delegate-at-Large to the Legal Affairs Committee of NATO’s Interallied Confederation of Reserve Officers (CIOR).  He speaks both English and German at a native level.

 

Thomas Haag is a partner in the Intellectual Property Department of Seyfarth Shaw LLP’s Washington D.C. office where he co-chairs the firm’s chemical & life science patent team.  His practice focuses on pharmaceutical and biotechnology patent counseling, due diligence and licensing/transactional matters; as well as Hatch-Waxman litigation and patent opinion work.
 
He has extensive experience strategically managing large patent portfolios, drafting and negotiating biomedical patent licenses, asset purchase agreements and joint-development agreements.  Dr. Haag’s technical expertise is in molecular biology related technologies including those in the fields of immuno-oncology, cancer/infectious disease vaccines, nucleic acid-based therapeutics, stem-cell therapeutics, gene editing and therapy, epigenetics, transgenic plants, next generation sequencing (NGS), biologics and biosimilars.
   
Previously, Dr. Haag was a Founding Partner and Chair of Fanelli Haag PLLC. Fanelli Haag was acquired by Seyfarth Shaw LLP in October 2016. Fanelli Haag was a leading intellectual property boutique law firm focused on issues facing the biotechnology, pharmaceutical, nanotechnology and chemical industries.
 
In 2015, Corporate Counsel ranked Fanelli Haag as a “Most-Favored IP Boutique — One of the best firms in IP,” according to a report from BTI Consulting Group.  CorporateINTL Magazine named Fanelli Haag “2016 Biotech Patent Law Firm of the Year” in Washington, D.C. and listed Thomas in its 2016 Who’s Who Advisor Handbook. Additionally, Dr. Haag was named ACQ Global Legal Awards' 2016 “Game Changer of the Year” in Washington, D.C.
    
Dr. Haag has firsthand experience in translating biotechnologies into successful commercial ventures.  While at Fanelli Haag, Dr. Haag served as acting CEO of PhosImmune, Inc., an immuno-oncology neoantigen discovery startup company co-founded and built by Fanelli Haag and ultimately acquired by Agenus, Inc. (NASDAQ: AGEN) in December 2015.
  
Prior to founding Fanelli Haag, Dr. Haag served as General Counsel of Arrowhead Research Corporation (NASDAQ: ARWR), a private equity firm focused on investments in the life sciences industry. While at Arrowhead, he successfully represented its subsidiary Calando Pharmaceuticals, Inc. in drug development partnership deal with Cerulean Pharma, Inc. worth a multi-million upfront and milestone payment plus royalties for CyclosertTM small molecule delivery platform and its associated IT-101 (now CRLX101) phase II lead drug.
 
Dr. Haag also served as CEO of Arrowhead’s Tego Biosciences subsidiary and successfully negotiated and closed its sale to Luna Innovations, Inc. (NASDAQ: LUNA) in a large deal in upfront and milestone payments plus royalties.
 
Prior to Arrowhead, Thomas was in private practice in the Washington D.C. offices of two international law firms, where he was involved in Hatch-Waxman litigation, prosecuted biotechnology patents, drafted formal opinions of counsel and gained experience in coordinating IP and FDA regulatory strategies.
 
Dr. Haag graduated from The George Washington University Law School with honors, where he also received the ABA/BNA Award for Excellence in the Study of Intellectual Property Law. During law school he was an intern at the German Federal Patent Court, and a 2002 Fellow of the Research Fund of the European Patent Organization for a project completed at the Max Planck Institute for Intellectual Property, Competition and Tax Law in Munich. Dr. Haag received a B.S. in Biology and Ph.D. in Molecular, Cell & Developmental Biology from UCLA where he was an NIH Pre-Doctoral Fellow in Genetic Mechanisms.
 
Dr. Haag was selected to be a 2005 Manfred Wörner Fellow of the German Marshall Fund of the United States.  Additionally he has served as Delegate-at-Large to the Legal Affairs Committee of NATO’s Interallied Confederation of Reserve Officers (CIOR).  He speaks both English and German at a native level.

 

Education

  • J.D., The George Washington University Law School, with honors

  • Ph.D. in Molecular, Cell & Developmental Biology, University of California, Los Angeles

  • B.S. in Biology, University of California, Los Angeles

Admissions

  • District of Columbia
  • New York
  • Registered Patent Attorney, U.S. Patent and Trademark Office

Representative Engagements

  • Glaxo Smith Kline v. Teva Pharmaceuticals USA (2003) Hatch-Waxman case related to Lamictal in the U.S. District Court for the District of New Jersey
  • Intergraph v. Hewlett Packard (2004) in successful patent infringement suit brought in Mannheim, Germany; German verdict precipitated worldwide settlement in multiple jurisdictions
  • CIBA Vision v. Johnson & Johnson (2005-2008) in infringement action brought in the Middle District of Florida to enforce its patents relating to the next generation of contact lens technology 
  • Creative Technology v. Apple, Inc. (2006) in Section 337 ITC patent investigation regarding iPod-related technology; Case successfully settled with a multi-million payment to client
  • Representing a publically traded German biotech company in a wide range of patent prosecution, opinion and license negotiation matters
  • Represented Arrowhead Research Corporation in its:
    • Calando Pharmaceuticals, Inc. subsidiary’s drug development partnership deal with Cerulean Pharma, Inc. worth a multi-million upfront and milestone payment plus royalties for CyclosertTM small molecule delivery platform and its associated IT-101 (now CRLX101) phase II lead drug
    • Sale of its Tego Biosciences subsidiary to Luna Innovations, Inc. (NASDAQ: LUNA) in a deal worth a great deal in upfront and milestone payments plus royalties.
    • Formation of MD Anderson Spin Out Ablaris Therapeutics, Inc.
    • Acquisition of Hoffmann-La Roche’s entire RNAi Therapeutics business unit 
    • Acquisition of Alvos Therapeutics, Inc.
    • Joint Development Collaboration with Shire AG
    • Joint Development Collaboration with CENIX AG
    • Placement of large amount in securities in 2013 and 2014
    • Joint Development Collaboration with Alnylam Pharmaceuticals, Inc.
  • Represented Ho v. Furcht in USPTO Interference No. 105,953 (2014); obtained complete victory for client before USPTO BPAI/PTAB
  • Co-founded, served as Acting CEO of and then ultimately sold PhosImmune, Inc. to Agenus, Inc. (NASDAQ: AGEN)

Presentations

  • Biosimilars: Ready for the Next Generation of Generics for Biologic Drugs?” Society of Physician Entrepreneurs and the Maryland Biosimilars Coalition,” (November 11, 2015)
  • “Latest Developments in U.S. IP Law,”  Management Circle Seminar in Frankfurt, Germany (October 13, 2015)
  • “The Legality of Targeted Killings under U.S. and International Law, Invited to speak before the Legal Affairs Committee of the NATO Interallied Confederation of Reserve Officers (CIOR),” Summer Congress, Fulda, Germany (August 2014) 
  • Invited by Interim Dean Maggs, Dean of the GW Law School, to be the Inaugural Alumnus Speaker Presenting on Career Perspectives to the Evening Student GW Law Inn of Court (August 2013)
  • “Patent Licensing in the U.S,” presented to the Association of European Science and Technology Transfer Professionals, Barcelona, Spain (September 2012)
  • “AIA Post-Grant Proceedings, presented to the Vereinigung von Fachleuten des Gewerbliche Rechtsschutzes (VPP),” Erlangen, Germany (June 2012)
  • “The Patentability of Personalized Medicine in the U.S., presented to the Vereinigung von Fachleuten des Gewerbliche Rechtsschutzes (VPP),” Erlangen, Germany (January 2009)
  • “Approval Procedures Before the FDA and U.S. Biotechnology Patent Law; given for the Kompetenzzentrum Medizin Tirol (KMT),” Innsbruck, Austria (March 21, 2006) and the Bayern Innovativ, Forum MedTech Pharma e.V., Nuremberg, Germany (March 23, 2006)
  • “Entering the U.S. Life Sciences Market: Approval Procedures Before the FDA and U.S. Biotechnology Patent Law; given for the Economic Development Agencies of Berlin and Saxony,” BioSaxony and the Fairfax County Economic Development Authority, Berlin, Germany (May 12, 2005)

Publications

  • Co-Author, “10 Key Ways the Trump Administration May Impact The Way You Do Business in 2017,” Presidential Pulse, Seyfarth Shaw LLP (December 12, 2016)
  • Co-Author, “Newly Approved Biosimilar Inflectra™ Market Launch Held Up in Court,” BioLoquitur Blog (April 12, 2016)
  • Co-Author, “Does the scope of immunity from assertions of patent infringement against U.S. government contractors under 28 U.S.C. § 1498 extend to acts of indirect infringement?,” BioLoquitur Blog (June 15, 2015)
  • Co-Author, “What’s the Intent? Comparing Induced Infringement and Willfulness,”  BioLoquitur Blog (May 25, 2015)
  • Co-Author “Will Formal Opinions Act as a Shield Against Charges of Induced Infringement?,” BioLoquitur Blog (May 12, 2015)
  • Co-Author, “The Patent Eligibility of Graphene Claims Following the U.S. Supreme Court’s Myriad Decision,” Nanotechnology Law & Business, Volume 10, Issue 2 (Winter 2013)
  • Co-Author, “Myriad Ruling Vs. Biotech Patent Eligibility In Europe,” Law360, New York (June 21, 2013)
  • “Affirms its Obsession with Possession,” Intellectual Property Today (March 23, 2010)
  • Co-Author, “Ariad Pharmaceuticals v. Eli Lilly," The en banc Federal Circuit (March 22, 2010)
  • “Delay in Presenting New Claims Not a Basis for Double Patenting Rejection,” McDermott, Will & Emery Intellectual Property Update, Vol. 10, No. 10 (October 2007) Reprinted in ipFrontline.com (November 16, 2007)
  • “Patent Applications Handbook,” 2004, 2005, 2006, 2007 Editions, West/Thomson Publishing, Drafted and updated sections relating to Chemical and Biotechnology Practice
  • Co-Author, “Controversial Weldon Amendment Has Negligible Impact On Issuance of Claims to Methods for Human Cloning," McDermott, Will & Emery Intellectual Property Update, Volume 7, No. 9 (September 2004)
  • Co-Author, “Biotech and ethics collide in patent-funding debate,” Washington Business Journal, vol. 23, no. 16 (August 20-26, 2004)
  • “Federal Circuit Limits Plain Meaning of Claim Term Based on Implicit Conclusions in Specification,” McDermott, Will & Emery Intellectual Property Update, Volume 7, No. 4 (April 2004)
  • “TRIPS: How Far Did the WTO Go?,” Regulatory Affairs Focus Magazine (January 2004) (Granted publisher authorization to reprint this article that first appeared in the McDermott, Will & Emery Intellectual Property Update, Vol. 6, No. 9, September 2003)
  • “A Board of Patent Appeals and Interferences Decision is Affirmed Relying on Evidence Not Presented to Board," McDermott, Will & Emery Intellectual Property Update, Vol 6, No. 11 (November 2003)
  • “Anticipatory Reference Must Enable the Subject Matter of Claims at the Time They Were Filed,” McDermott, Will & Emery Intellectual Property Update, Vol 6, No. 10 (October 2003)
  • “User Intent Required to Infringe Claim Reciting Administering a Nutraceutical to a ‘Human in Need Thereof’,” McDermott, Will & Emery Intellectual Property Update, Vol 6, No. 9 (September 2003)
  • “TRIPS: How Far Did the WTO Go?,” McDermott, Will & Emery Intellectual Property Update, Vol 6, No. 9 (September 2003)
  • TRIPS Since Doha: How Far Will the WTO Go Toward Modifying the Terms for Compulsory Licensing? 84 J. Pat. & Trademark Off. Soc'y  945, December 2002. Translated into Japanese and published in the Journal of the AIPPI-Japan, Vol 48, No. 8 (August 2003)
  • Co-Author, “The role of DE-cadherin during cellularization, germ layer formation and early neurogenesis in the Drosophila embryo,” Dev Biol (June 15, 2004)
  • Co-Author, “Hartenstein, V. Drosophila cardiac morphogenesis, which resembles vertebrate vasculogenesis, depends on faint sausage, shotgun/DE-cadherin and laminin A.,” Developmental Biology (1999)
  • Co-Author, “The role of faint sausage, shotgun/DE-cadherin and laminin A in cardiogenesis,” Slide session given at the 39th Annual Drosophila Research Conference, Washington D.C. (March 1998)
  • Co-Author, “A Drosophila Digital Database,” Abstract at the 39th Annual Drosophila Research Conference, Washington D.C. (March 1998)
  • Co-Author, “Shotgun encodes Drosophila E-cadherin and is preferentially required during cell rearrangement in the neurectoderm and other morphogenetically active epithelia,” Genes and Development (1996)
  • Co-Author, “Tissue and cell-type specific expression of the Tuberous Sclerosis gene, TSC2, in human tissues,”  Modern Pathology (1996)
 

Accolades

  • ACQ Global Awards 2016 “Game Changer of the Year” in Washington, D.C.
  • ACQ Global Awards 2016 “Life Sciences Law Firm of the Year” in Washington, D.C.
  • Who's Who Adviser Handbook 2016, CorporateINTL
  • Winner CorporateINTL Magazine – 2016 Biotech Patent Law Firm of the Year in Washington, D.C.
  • Honor Roll for "Most-Favored Boutique -- one of the best firms in IP” in BTI Counseling Group’s 2015 Intellectual Property Outlook: Changes, Trends and Opportunities in IP & IP Litigation
  • International Law Office (ILO) “International Client Choice Award 2013” in the Category of “Intellectual Property Healthcare & Life Sciences” for excellence in client service 
  • 2005 Manfred Wörner Fellow of the German Marshall Fund of the United States
  • 2003 ABA/BNA Award for Excellence in the Study of Intellectual Property Law
  • 2002 Fellow of the Research Fund of the European Patent Office
  • 1995-1999 NIH Pre-doctoral Fellow in Genetic Mechanisms at UCLA