LSIPR 50 2018: Robert DeBerardine
Name: Robert DeBerardine
Organisation: Johnson & Johnson
Position: Chief IP Counsel
For the 16th year in a row Johnson & Johnson has claimed a spot on the Fortune World’s Most Admired Company list, recognising its commitment to innovation and global health. Johnson & Johnson, which employs more than 130,000 people across the world, placed first in the pharmaceutical category for the fifth consecutive year—making it the highest-ranked healthcare company on the list.
Robert DeBerardine manages a worldwide team of IP lawyers at Johnson & Johnson. DeBerardine is responsible for identifying the balance between providing economic incentives to enhance healthcare and meeting unmet medical needs in developing countries all over the world.
"Johnson & Johnson works with governments to develop approaches suited to the needs of different areas while asserting the value of IP."
For example, as part of Johnson & Johnson’s legal team DeBerardine opposes patent practices such as “evergreening”, whereby producers extend their patents over productions which are about to expire by claiming variations of the product.
DeBerardine’s team believes instead that incremental pharmaceutical innovation—the discovery of new uses of existing substances which leads to safe and more beneficial treatments—is in everyone’s best interests.
Johnson & Johnson works with governments to develop approaches suited to the needs of different areas while asserting the value of IP. The pharmaceutical company also works with regulators on topics such as international trade agreements and enforcement efforts, to ensure strong and effective IP protection systems are developed and maintained globally.
The pharmaceutical powerhouse sued Abbott Laboratories in 2007 over the sale of arthritis drug Humira (adalimumab), which was allegedly produced using patented technology that had been licensed exclusively to Johnson & Johnson. In 2009 Abbott was ordered to pay Johnson & Johnson $1.17 billion in lost revenues and $504 million in royalties; at the time this was the largest patent infringement award in US history. On appeal in 2011, the verdict was overturned.
Prior to his current role, DeBerardine was the senior vice-president in Sanofi’s North American team.
