Shashank Upadhye


About Shashank Upadhye

Shashank Upadhye has one of the most recognizable brands in the world of brand and generic drug development. As the former chief in-house counsel at three leading pharmaceutical companies, he is known for spearheading innovative business and legal strategies to protect an existing drug’s patent – or challenge those of a competitor. A prolific writer and frequent speaker, Shashank is the author of numerous articles and the leading treatise on navigating complex U.S. laws of FDA brand/generic drug development: Generic Pharmaceutical Patent & FDA Law, now in its 10th Edition (2016).

Shashank is widely regarded as one of the leading Hatch-Waxman “Paragraph IV” attorneys in the country. Small to mid-market players turn to him to overturn brand patents in Paragraph IV litigations, aimed at bringing generic versions of medicines swiftly and effectively to the marketplace. Fortune 500 pharmaceutical companies trust him to protect their brand from such challenges. For all of his clients, Shashank provides strategic guidance from the initial product idea, through product design, R&D, clinical trials, FDA approval, and product launch. He has an unwavering goal to help bring products to the market, and help keep them there.

Shashank is a trusted advisor at every step of the drug product lifecycle, including product selection, research and development, product application, product launch, and ongoing marketing and sales. His long track record in-house makes him adept in both the intricacies of drug laws and the demands of corporate and transactional work. He is as effective with complex litigation strategies in “failure to warn” or defective FDA label cases as he is with strategic business advice and public policy counseling on pending legislation or dealing with agencies.

He also maintains a robust practice with drug re-positioning and life cycle management. He helps pharmaceutical clients with the 505(b)(2) NDA process, with an emphasis on creating savvy business and legal strategies around intellectual property, FDA, and supply chain.

Shashank also helped pioneer the legal framework around biosimilars under the new 351(k) application process. We have experience in stem cells, nucleic acids, antibodies (chimeric and humanized), vaccines, and other biotechnologies. We help companies navigate the BPCIA regime, in counseling to litigation.

Shashank has a robust counseling and compliance practice where he advises clients on matters relating to drug approval, drug marketing, supply chain management, and marketing and data exclusivity issues. He also assists clients with FDA enforcement defense and counseling, including:

  • Good Manufacturing Practices (GMP) violations
  • 180-Day marketing exclusivity and forfeiture
  • label/label carve-outs and advertising review
  • guidance and compendial reviews for impact on drug marketing
  • Citizen Petition drafting or responses

He is a USA Hockey® Level 3 certified ice hockey coach and a PADI® certified Master Scuba Diver; someday, he plans to invent (and patent) a way to play underwater hockey. He is also very active as a Scoutmaster for the Boy Scouts of America.