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Beverly W. Lubit, PhD
Alternate image for Beverly W. Lubit, PhD

Beverly W. Lubit, PhD

Partner

973.639.7992
Newark
blubit@mccarter.com

"Lubit fuses the analytical skills of a scientist with the business eye of an entrepreneur." —IAM Patent 1000

Dr. Beverly Lubit advises clients on complex intellectual property matters, focusing on the pharma, biotechnology, medical device and energy industries. She has experience in Hatch-Waxman (small molecule drugs) and BPCI Act (biosimilar drugs) issues relating to litigation and transactional matters, patent litigation, IP due diligence evaluations, opinion letters, licensing, patent prosecution, and regulatory issues with a particular emphasis on life sciences. In addition, Beverly works closely with emerging companies, venture capitalists, and company boards to develop practical IP strategies to help them bring their products and/or services to market.

Transactional and Counseling

Types of Agreements: Master Supply Agreements; Clinical Trial Agreements; Clinical Services Agreements; Compound Library Agreements; Consultant Agreements; Collaborative Research Agreements, Development or Manufacturing Services Agreements; Distributor Agreements; Informed Consents; Investigator-Initiated Clinical Research Study Agreements; Key Opinion Leader Agreements; License Agreements; Material Transfer Agreements; Non-Disclosure Agreements; Quality Agreements; Sponsored Research Study Agreements; Sponsored Clinical Research Study Agreement; Supply Agreements; Trademark Agreements; and intellectual property provisions of Merger Agreements including Disclosure Schedules. Also,  U.S. regulatory advice including Compounding, Dietary Supplements, Drugs, Medical Devices, and Generic Products.

Patent Prosecution

Drafted and prosecuted U.S. and foreign patent applications including without limitation the following subject matter:

  • antibody therapeutics
  • bioengineered organisms
  • biofuels
  • biomarkers
  • brain injuries affecting cerebral blood flow
  • calcium channel agonists and antagonists
  • cancer therapeutics
  • cosmetics
  • dietary supplements
  • drug delivery systems, including biomedical devices
  • drug formulations
  • electrocardiography
  • electrochemistry
  • endothelin channel antagonists
  • flow cytometry
  • food fortifying compositions and methods
  • healthcare IT
  • hemostatic agents
  • histone deacetylase inhibitors
  • immunoinflammatory modulators and conditions
  • immunotherapies
  • kinase inhibitors
  • Imidazolidinedione analogs to treat the appearance of skin wrinkling • lipid metabolism
  • macro and nanoelectrode materials
  • nanomaterials
  • neurochemistry disorders and conditions
  • ocular implants
  • orthopedic devices
  • oxidative stress
  • peptides and peptide engineering
  • progressive cognitive function disorders; including Alzheimer’s disease
  • prostaglandin analogs
  • polyisoprenyl protein inhibitors
  • receptors
  • recombinant biologics
  • regenerative therapies
  • shoulder and hip replacement medical devices
  • signal transduction
  • small molecules
  • stem cells
  • topical compositions for epithelial conditions, for treatment of topical burns and wounds, and for pain due to sports injury
  • transient receptor potential channel agonists and antagonists
  • 3D-nanofiber matrices for implantation delivery of differentiable stem cells isposed on or in these medical devices

Representative Matters

Various biotechnology clients—Prepared patent related opinions

Prepared patent noninfringement, validity, and freedom to operate opinions relating to polymer chemistry, cellular therapies, and therapeutic antibodies.

Hospital entity—Preparation and negotiation of joint venture agreements and IP management plan

Prepared clinical trial agreements, funding agreements, and subaward agreements related to multisite grant-funded clinical trials for a hospital entity. Prepared and negotiated IP Management Plan, Affiliation Agreements, Joint Venture, and Strategic Partnership Agreements between the involved hospital entities. 

Various universities, medical centers, and biotech startups—Patent prosecution

Drafted and prosecuted patent applications for universities, medical centers, and biotech startups in regenerative therapies; medical devices; cellular products; therapeutics, including small molecule inhibitors, protein inhibitors, and nucleic acid inhibitors; and drug delivery systems.

Patent portfolio of medical devices—Negotiation of research provisions and agreements

Negotiated IP related provisions of sponsored research and option agreements relating to a patent portfolio of medical devices. Provided strategic advice regarding optioning patents and IP advice regarding ongoing patent prosecution of involved patents. 

Medical practice—Prepare and negotiate various joint venture, consulting, and IP agreements

Prepared uniform consulting terms and conditions, policies regarding outside activities, and assignments for a medical practice. Provided strategies regarding same. Also, prepared and negotiated joint development agreements, assignments, IP purchase agreements, and consulting agreements that govern consulting relationships.

Start-up biotechnology company—Licensing negotiations

Represented a start-up biotechnology company in negotiating and preparing exclusive license with a major U.S. university. Prepared and negotiated master services agreements with service providers.

Highlights

Recognitions

Recognition image 10997
IAM Patent 1000, New Jersey, 2016–2022
Recognition image 10954
Chambers USA, New Jersey Intellectual Property, 2013–2016
Recognition image 10997
New Jersey Law Journal Top Women in Law, 2016
Recognition image 10997
Lexology Client Choice Award, Intellectual Property: Patents for New Jersey, 2013, 2015–2017
With Beverly Lubit on deck, the firm is a discerning choice for life sciences clients in need of refined prosecution, regulatory, litigation and transactional counsel. —IAM Patent 1000, 2019
Ranking Disclaimers: No aspect of this advertisement has been approved by the Supreme Court of New Jersey. For Chambers methodology, see https://chambers.com/about-us/methodology. For IAM Patent 1000 methodology, see https://www.iam-media.com/directories/patent1000/info/methodology. For Lexology Client choice methodology, see https://www.clientchoice.com/about-client-choice.

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Services

Intellectual Property
IP Litigation
Patents
Life Sciences
Venture Capital & Emerging Growth Companies

Education

New York Law School JD, magna cum laude, 1998
Fairleigh Dickinson University MBA Finance, 1992
Columbia University PhD Microbiology, 1974
Columbia University MPhil, 1975
Columbia University MA, 1975
New York University BS, cum laude, 1972

Bar Admissions

New Jersey
New York
Arizona
U.S. Patent & Trademark Office

Court Admissions

U.S. Court of AppealsFederal CircuitU.S. District CourtDistrict of New JerseyU.S. District CourtEastern and Southern Districts of New York

Memberships & Certifications

American Bar Association

American Chemical Society

New York City Bar Association
Science and Law Committee

BIONJ
Biopartnering Committee

New Jersey State Bar Association

New York State Bar Association

Languages

French
Spanish
intellectual property
News|Recognition
IAM Patent 1000 Recognizes McCarter for Excellence in Patent Law
6.29.2022
Media item displaying IAM Patent 1000 Recognizes McCarter’s Leading Patent Law Practice
News|Recognition
IAM Patent 1000 Recognizes McCarter’s Leading Patent Law Practice
IAM Patent 1000
7.21.2021
Insights Awards Top Stars
News|Recognition
IAM Patent 1000 Recognizes McCarter for Transactional, Litigation, and Prosecution Practices in Patent Professionals Rankings for 2020
6.23.2020
stars
News|Recognition
IAM Patent 1000 Recognizes McCarter for Transactional, Litigation and Prosecution Practices in Patent Professionals Rankings for 2019
6.23.2019
Insights Speaking Podium
Events|Speaking Engagement
Legal Challengers in Precision Medicine
3rd Annual Precision Medicine Leaders Summit
6.27.2018
Insights Awards Trophies
News|Recognition
IAM Patent 1000 Recognizes McCarter for Transactional, Litigation and Prosecution Practices in Patent Professionals Rankings for 2018
6.1.2018
stars
News|Recognition
IAM Patent 1000 Recognizes McCarter for Transactional, Litigation and Prosecution Practices in Patent Professionals Rankings for 2017
IAM Patent 1000
6.1.2017
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The McCarter & English, LLP website is for informational purposes only. We do not provide legal advice on this website. We can provide legal advice only to our clients in specific inquiries that they address to us. If you are interested in becoming a client, please contact us, but do not send any information about your specific legal question. We cannot serve as your lawyers until we establish an attorney-client relationship, which can occur only after we follow procedures within our firm and after we agree to the terms of the representation.

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