Education
Dartmouth College A.B. Chemistry 1986 Daniel Webster Scholar
University of Chicago Law School J.D. 1992 with honors
Professional experience
Mr. Singer is a principal in Fish & Richardson's Twin Cities office and leader of the firm's growing pharmaceutical and biotech litigation practice, in addition to his national patent litigation practice. Known for strategic thinking and focused execution, Mr. Singer has successfully represented clients ranging from large Fortune 50 companies to small, family-owned businesses. His trial experience includes both jury and bench trials, as well as many appearances before administrative and arbitration panels, and the Federal Circuit Court of Appeals. Mr. Singer was recognized as a Minnesota Lawyer "Attorney of the Year" in 2007 and 2009, and was named as a Band 1 attorney by Chambers, USA for intellectual property litigation in 2007 and 2008. He was also named to the "2006 BTI Client Service All-Star Team for Law Firms," which honors attorneys whom corporate counsel have identified as providing outstanding client service.
Pending and Recent Pharmaceutical/Biotech Cases
In re Brimonidine Patent Litigation, MDL No. 1866 - (D. Del.) Trial counsel for Allergan in multi-district litigation regarding multiple ANDAs for Allergan's glaucoma drugs ALPHAGAN P 0.15% and ALPHAGAN P 0.1%. Verdict of infringement, validity and enforceability on all five patents-in-suit.
Cephalon, Inc., et al v. Watson Pharmaceuticals, Inc., et al (D. Del.): Co-lead counsel for plaintiffs in pending Hatch-Waxman action over ANDAs for Cephalon drug FENTORA.
Alzheimer’s Institute of America v. Mayo Clinic, et al (M.D. Fla.; AAA) - Lead counsel for the Mayo Clinic and Myriad Pharmaceuticals in action for patent infringement and breach of contract over Myriad's lead candidate for Alzheimer's, FLURIZAN. After securing arbitration over breach of contract claim, tried and obtained decision for defendants. Patent infringement action pending.
Prometheus Laboratories v. Mayo Medical Laboratories, et al (S.D.Cal.) - Lead counsel for defendants in action for patent infringement over metabolite assays for 6-mercaptopurine drugs. Argued and obtained summary judgment of invalidity under 35 U.S.C. 101. Appeal pending.
Sciele Pharma, Inc., et al v. Mylan Labs., et al - (D. Del.) Lead Counsel for plaintiffs in Hatch-Waxman action over Sciele’s blood-pressure drug, SULAR. Case successfully resolved upon patent expiration.
MIT & Repligen v. ImClone Corp. - (D.Mass.) Represented plaintiffs in patent litigation over cell lines used to manufacture ERBITUX, the highly-publicized late-stage colon cancer drug. Argued and obtained summary judgment against ImClone on key exhaustion defense. Case settled on morning of opening statements for $65 million.
Allergan, Inc., et al v. Alcon Laboratories, et al - (C.D. Cal.; D.Del.) Counsel for Allergan in series of cases regarding ANDAs and 505(b)(2) NDAs for Allergan’s glaucoma drugs, ALPHAGAN and ALPHAGAN P 0.15%. Cases involving ALPHAGAN resulted in landmark rulings on the permissible assertion of method-of use patents under the Hatch-Waxman Act. Case involving ALPHAGAN P 0.15.% resulted in settlement on the morning of opening statements with defendant agreeing not to launch competitive drug for several years and to pay royalty on release.
Other Notable Representations
3M v. Avery-Dennison - (D. Minn.) Trial counsel for 3M in case involving graphic films. Won jury verdict of infringement, validity and inventorship.
Acacia Technologies v. New Destiny, et al - (MDL - N.D. Cal.) Currently representing consortium of defendants in patent litigation over video streaming technology. Argued nationally-noted, four-day Markman hearing that resulted in claims of asserted patent being found indefinite.
Ecolab, et al v. Solaia Technologies, Inc. - (D. Minn.) Represented plaintiffs in nationally-publicized declaratory judgment action for patent non-infringement, false advertising and unfair competition related to machine control systems. Case settled with business arrangement with defendants paying nothing to "patent troll" that had extracted dozens of six-figure settlements previously.
3M v. Indasa, et al - (D.Del.; ITC) Lead counsel for 3M in district court patent litigation over foam masking tapes. Co-counsel at ITC. Cases resulted in multiple consent judgments and general exclusion order barring further importation of infringing product.
Pioneer Hi-Bred Int'l v. Cargill, Inc. - (S.D. Ia.) Represented Cargill in patent and trade secret litigation regarding inbred corn lines. Co-leader of worldwide team managing investigation and remediation in 30 countries. Case settled with business arrangement.
Selected publications
Biotechnology: Patent Prosecution, Licensing, Litigation & Hatch-Waxman, two-volume set, Patent Resources Group (2007).
Bar admissions
Admitted to the bar in Minnesota, Illinois, and California.
Additional information
Course faculty member, "Biotechnology: Patent Prosecution, Licensing, Litigation, and Hatch-Waxman," Patent Resources Group, Inc.
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