FacultyFaculty/Author Profile
Janet Xiao

Janet Xiao

Morrison & Foerster LLP

Palo Alto, CA, USA


Dr. Janet (Jian) Xiao is a partner in Morrison & Foerster's Life Science Group residing in the Palo Alto office. She primarily represents clients in the biotechnology and pharmaceutical industries in their world-wide patent procurement, patent portfolio management, and strategic planning. 

Dr. Xiao has significant experience in developing and strengthening her clients' complex patent portfolios to maximize their commercial value and success. She has been working with Abraxis BioScience, a nanotechnology-based pharmaceutical company, since 2005 to develop a strong patent portfolio to protect its proprietary NabTM technology and its leading anticancer drug, Abraxane®. The patent portfolio was a major component of the valuation underlying Abraxis' $2.9 billion acquisition by Celgene in 2010, and Dr. Xiao continues to advise Celgene on the Abraxis patent portfolio after the acquisition. Dr. Xiao has worked with Taligen Therapeutics, a biotech company developing biologic and antibody products, since its inception in 2004 to build a strong patent portfolio.  Her work has led to Taligen's successful $65 million series B financing in 2008 and its $111 million acquisition by Alexion Pharmaceuticals in 2011.

Dr. Xiao also advises biopharmaceutical companies such as Genentech and research institutions such as University of California on patent matters relating to various technologies including antibody therapeutics, personalized medicine, drug delivery systems, drug screening platforms, diagnostics, and nutraceuticals. She also represents many start-up biopharmaceutical companies to help them build a strong IP position from inception.

In addition to patent prosecution and patent portfolio management, Dr. Xiao also helps her clients devise strategies in the events of legal challenges by third party competitors or vice versa.  She is often engaged in third party patent challenges, such as ex parte reexamination, inter parte reexamination, patent opposition, and patent litigation. She also prepares legal opinions on patent validity and freedom to operate, and conducts IP due diligence reviews for business transactions.

Dr. Xiao is among the very few IP attorneys who are both equipped with solid skills in global strategic IP management and knowledgeable about IP issue unique to China. She is frequently called upon to advise clients on IP issues relating to US/China cross-border transactions and operations in China.  She is also frequently invited to speak on IP issues both in the U.S. and in China.

Since 2005, Dr. Xiao has been actively involved in the leadership team of the Chinese-American Biopharmaceutical Society (CABS), a non-profit organization dedicated to bridging the life science communities in U.S. and China.  She was president of CABS for the 2011-2012 term. Dr. Xiao is also a member of BayHelix, a non-profit organization comprised of Chinese heritage leaders in the global life sciences and healthcare community.

Education
  • Nanjing University (B.S., 1989)
  • Chinese Academy of Sciences (M.S., 1992)
  • University of California, Los Angeles (Ph.D., 2000)
  • University of California, Berkeley School of Law (J.D., 2003)
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