Irv N. Feit, Ph.D. Email: - Lucas & Mercanti, LLP

Irv N. Feit, Ph.D.


Irv N. Feit, Ph.D. is a patent attorney specializing in chemical and biotech patent law, including drafting and prosecuting patent applications; post-patent procedures (e.g., reissues, reexaminations, interferences and appeals); providing opinions in matters relating to portfolio strength, infringement, and validity for a variety of large and small chemical and biotechnology companies, as well as for investment bankers. He also has extensive experience negotiating and drafting patent licenses and related (e.g., research and supply) agreements. He has also served as an expert witness during litigation.

Dr. Feit has worked for two different law firms, and has served as in-house counsel Lever Brothers, Ciba-Geigy Corporation, and start-up biotech company, ImClone Systems Incorporated. At Ciba-Geigy, he was the first attorney to draft and prosecute biotechnology patent applications. At ImClone, he was Vice President for Intellectual Property and Licensing, and participated in obtaining patent protection and four patent licenses for ImClone’s anti-cancer drug, Erbitux.

Irv has a Ph.D. in organic chemistry, and was among the first biotechnology patent practitioners in the United States in the early 1980’s. Before attending law school, he was a research fellow at the University of California and Associate Professor of Chemistry at LIU – Post. He is the author or co-author of ten peer-reviewed papers in organic chemistry and gave numerous presentations at professional chemistry conferences.


  • Irv has given lectures at numerous conferences relating to patents and licensing, and has published more than twenty articles in various patent law and licensing journals, including:
  • Reverse Payment Settlements: Did the Supreme Court Ignore the Elephant in the Room in FTC V. Actavis?, New York Intellectual Property Law Association CLE Program Course Book, Syosset, NY (November 7, 2013).
  • The Obvious to Try Doctrine: Its Use, Misuse, and Abuse, J. Pat. Trademark Off. Soc. 91, 89-107 (2009).
  • When Can a Licensee Challenge a Licensed Patent? The Supreme Court Shocks the Technology Transfer Community in Medimmune v. Genentech, Journal of the Licensing Executives Society International 42, 467-470 (2007).
  • Setting the Course for Claim Construction in the Federal Circuit after Phillips v. AWH Corp., Managing Intellectual Property, 52-54 (October 2005).
  • The Safe Harbor Infringement Exemption under the Hatch Waxman Act, Finally Defined, Intellectual Property Today 12, 26-28 (August 2005).
  • Provisional Patent Applications, Reality and Myth, Intellectual Property Today 9, 8-12 (December 2002)


  • United Stated Patent and Trademark Association