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Background

Elizabeth Flanagan is a Principal in the Delaware office of Fish & Richardson.  Her practice focuses on complex patent litigation, with an emphasis on life sciences, biotechnology and pharmaceutical litigation, including Hatch-Waxman litigation.  Betsy has worked on a variety of technologies, including, for example, pharmaceutical formulations, glaucoma drugs, hair growth agents, dermal fillers, nucleosides, antibodies, biologics, and sleep apnea devices.  She has experience in all phases of litigation, including pre-filing due diligence, document collection and production, managing fact and expert discovery strategy, depositions, discovery hearings, claim construction hearings, and settlement.  Betsy regularly leads briefing for claim construction, summary judgment and other dispositive motions, and post-trial issues, including JMOL.  Betsy’s trial experience includes both bench and jury trials.  In addition to district court litigation, Betsy has also worked on a number of Federal Circuit appeals, has practiced before the International Trade Commission, and has experience in post-grant proceedings, including inter partes review.

Before joining Fish, Betsy was a Staff Chemist for Merck & Co., Inc. working on vaccine research, and was a Law Clerk at Fair Isaac Corporation.

Education

J.D., University of Minnesota Law School 2008
magna cum laude


B.A., Cornell University 2003
Chemistry
with distinction in all subjects

Admissions

  • Minnesota 2008
  • Delaware 2013
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the District of Delaware
  • U.S. District Court for the District of Minnesota

Memberships & Affiliations

​One of eight litigation attorneys selected to participate in the 2013 Federal Trial Practice Seminar, an intensive litigation seminar culminating in a mock trial that is administered by the United States District Court for the District of Delaware.
Lead Managing Editor, Minnesota Law Review​

Other Distinctions

Selected by her peers as a Super Lawyers Rising Star

2007-2008 Student Category Winner, Ladas Memorial Award, International Trademark Association

Publications
"Update on pleading standards in Hatch-Waxman cases," Fish Litigation Blog, November 2013.

"Orange Book Listing Opportunities for Drug-Device Combinations," BNA Pharmaceutical Law & Industry Report, December 2011.

"No Free Parking: Obtaining Relief from Trademark-Infringing Domain Name Parking," MINN. L. REV., 92, 498 (2007).

"Sustained High-Titer Antibody Responses Induced by Conjugating a Malarial Vaccine Candidate to Outer-Membrane Protein Complex," with Y. Wu, C. Przysiecki, et al., Proc. Natl. Acad. Sci. USA, 103, 18243–248 (2006).

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