B. Dell Chism

Of Counsel

Fax: 202.677.4919
Washington
1775 Pennsylvania Avenue NW
Suite 1000
Washington, District of Columbia 20006

Biography

Dell is of counsel in the firm’s Intellectual Property and Litigation practices, and a member of the Pharmaceuticals & Biologics and Dietary Supplements industry teams. He has extensive technical knowledge in complex matters involving biotechnology intellectual property, the preparation and prosecution of U.S. and foreign patent applications in the chemical, biochemical, pharmaceutical, dietary supplement, and biotechnology fields, in addition to mechanical fields, including trenchless technology (e.g., lateral and main line pipe) and small arms, and military weapons platforms. He also represents clients in administrative proceedings before the U.S. Patent and Trademark Office (USPTO), including ex parte and inter partes reviews under the America Invents Act (AIA). His background also includes the preparation and research of freedom-to-operate, validity, infringement and patentability opinions for Fortune 500 companies.

Dell represents clients in litigation before U.S. District Courts and the Federal Circuit. He has litigated patent infringement and Hatch-Waxman Act Paragraph IV cases. Dell also has extensive experience in trade secret theft and unfair competition cases.

Dell previously served five years as a patent examiner with the USPTO. As a primary examiner in the USPTO Biotechnology Group, he prosecuted U.S. and international patent applications related to pharmaceuticals and methods of treatment, pesticides and herbicides, while focusing in the areas of small peptides, proteins, antibodies, enzymes, related diagnostics, and plant extracts.

Prior to law school, Dell conducted laboratory research in the areas of medical entomology concerning toxicological control of disease vectors for malaria, Eastern Equine Encephalitis, LaCrosse Encephalitis and West Nile virus.

Experience

  • Appealed successfully a District Court decision to the Court of Appeals for the Federal Circuit, which held that patent claims directed to a dietary supplement composition, methods of use, and methods of manufacture were not patent ineligible under the law of nature and natural phenomena.

  • Appealed successfully to the Patent Trial and Appeal Board (PTAB) third-party and agency rejections of publicly traded dietary supplement company’s patents on an amino acid.

Credentials

  • George Mason University School of Law, Juris Doctor — 2008
  • North Carolina State University, Master of Science, Entomology — 2001
  • Virginia Commonwealth University, Bachelor of Science, Biology — 1998
  • District of Columbia
  • State of Virginia
  • United States Patent and Trademark Office
  • United States Court of Appeals, Federal Circuit
  • United States District Court for the District of Columbia