Mr. Singer, a renowned life sciences industry leader and acclaimed trial attorney, heads the firm’s life sciences litigation practice. Whether working as lead trial counsel for his clients or as part of a trial or litigation team, Mr. Singer handles all aspects of litigation, including leading jury and bench trials, trying cases to administrative and arbitration panels and conducting briefing and arguments before the Courts of Appeals. Mr. Singer is annually named one of the nation’s finest life sciences trial attorneys, and is an expert in proceedings under the Hatch-Waxman Act. His clients consistently praise his innovative and ground-breaking work in cases like Mayo Collaborative Services, et al v. Prometheus Labs, In re Cyclobenzaprine and Allergan v. Barr Labs. In addition to his courtroom work, Mr. Singer teaches life sciences trial and patent practice courses around the country.
Pending and Recent Life Sciences Cases
Gilead Sciences, Inc. v. Merck & Co, Inc., et al, (N.D.Cal.): Representing plaintiffs in pending declaratory judgment action over hepatitis C treatment SOVALDI®.
Allergan, Inc. v. Sandoz Inc., et al (E.D.Tx.): Trial counsel for plaintiff in Hatch-Waxman action over ANDAs for glaucoma drug LUMIGAN® 0.01. Injunction entered against generic entry in January, 2014. Appeal pending.
Cephalon, Inc., et al v. Mylan Labs, et al (D. Del.): Trial counsel for plaintiffs in Hatch-Waxman action over ANDA for breakthrough pain drug FENTORA®. Injunction entered against generic entry in July, 2013. Appeal pending.
Roche Palo Alto, et al v. Lupin, Ltd., et al (D.N.J.): Trial counsel for plaintiffs in Hatch-Waxman action over ANDA for angina drug RANEXA®; after three-week bench trial in May, 2013, case settled with Lupin agreeing to forestall entry until three months before patent expiry.
Allergan, Inc., et al v. Apotex Corp., et al. (M.D.N.C.): Trial counsel for plaintiffs in Hatch-Waxman action over ANDAs for eyelash drug LATISSE®. Injunction entered against generic entry in January, 2013. Appeal pending.
Prometheus Laboratories v. Mayo Collaborative Services, et al (S.D.Cal.): Lead district court and appellate counsel for defendants in patent infringement action over metabolite assays for thiopurine drugs. Argued and secured summary judgment of invalidity under 35 U.S.C. § 101. After reversal at Federal Circuit Court of Appeals, Supreme Court of the United States reversed appellate court at __ U.S. __, 132 S.Ct. 1289 (2012). Widely recognized as most important patent case of 2012.
Eurand, Inc. v. Impax Labs (In re Cyclobenzaprine) (D. Del.): District court and appellate counsel for plaintiffs in action for enforcement of settlement of Hatch-Waxman litigation. Secured judgment in favor of plaintiffs restraining defendant from launching product in February, 2012. Affirmed at 504 Fed.Appx. 900 (Fed. Circ. 2013)
Allergan, Inc. v. Barr Labs, Inc. (D. Del.): Trial and appellate counsel for plaintiffs in Hatch-Waxman action over ANDAs for glaucoma drug LUMIGAN®. Injunction entered against generic entry in September, 2011. Injunction affirmed at 501 Fed.Appx. 965 (Fed. Circ. 2013)
Allergan, Inc. v. Sandoz, Inc., et al (E.D.Tx.): Trial counsel for plaintiff in Hatch-Waxman actions over ANDAs for glaucoma drug COMBIGAN®. Injunction entered against generic entry in August, 2011. Injunction affirmed at 726 F.3d.1286 (Fed. Cir. 2013).
In re Cyclobenzaprine Hydrochloride Extended Release Litigation (D. Del.): Trial and appellate counsel for plaintiffs in Hatch-Waxman actions over ANDAs for skeletal muscle relaxant AMRIX®. After verdict of obviousness, secured temporary restraining order against “launch at risk” by defendant Mylan. Secured reversal at Federal Circuit Court of Appeals at 676 F.3d 1063 (Fed. Cir. 2012).
Allergan, Inc. v. Akorn, Inc., et al (D. Del.): Lead counsel for plaintiff in Hatch-Waxman action over ANDA for ocular pain drug ACUVAIL®. Case amicably settled.
Allergan, Inc. v. Akorn, Inc, et al (E.D.Tx.): Lead counsel for plaintiff in patent infringement actions over generic versions of ocular pain drug ACULAR® LS. Cases amicably settled.
Cephalon, Inc., et al v. Watson Pharmaceuticals, Inc., et al (D. Del.): Trial counsel for plaintiffs in Hatch-Waxman action over ANDAs for breathrough pain drug FENTORA®. Injunction entered against generic entry at 769 F.Supp.2d 761 (D. Del.) in April, 2011. Affirmed on appeal.
In re Brimonidine Patent Litigation, MDL No. 1866 (D. Del.): Trial and appellate counsel for Allergan in multi-district litigation regarding ANDAs for glaucoma drugs, ALPHAGAN P .15% and ALPHAGAN® P .1%. Injunction entered against generic entry in October, 2009. Injunction affirmed at 643 F.3d 1366 (Fed. Cir. 2011).
Alzheimer’s Institute of America v. Mayo Clinic, et al (M.D. Fla.; AAA): Lead counsel for defendants in action for patent infringement and breach of contract over genetic mutations related to Alzheimer’s disease. After securing arbitration over breach of contract claim, tried and obtained decision for defendants. Patent infringement action settled thereafter.
Sciele Pharma, Inc., et al v. Mylan Labs., et al (D. Del.): Lead counsel for plaintiffs in Hatch-Waxman action over blood-pressure drug, SULAR®. Case successfully resolved upon patent expiration.
MIT & Repligen v. ImClone Corp. (D.Mass.): Counsel for plaintiffs in patent litigation over cell lines used to manufacture the late-stage colon cancer drug ERBITUX®. Argued and obtained summary judgment 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 generic versions of Allergan’s glaucoma drug, ALPHAGAN. Case 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 generic drug for several years and to pay royalty on release.
Other Notable Representations
Mayo Clinic, et al v. Peter Elkin (D.Minn.): Trial counsel for Mayo Clinic in trade secret case regarding natural language processing software. Jury verdict in favor of Mayo on willful trade secret misappropriation, intentional interference with contractual relations and other claims. Verdict affirmed at 2013 WL 4516191 (8th Cir. 2013).
3M v. Avery-Dennison (D. Minn.): Trial counsel for 3M in case involving graphic films. Jury verdict for 3M of infringement, validity and inventorship.
Immtech Int’l, Inc. v. Neurochem, Inc. (AAA): Trial counsel for Immtech Int’l in arbitration over pharmaceutical license agreement. Breach of agreement found and award of attorneys’ fees granted.
Acacia Technologies v. New Destiny, et al (MDL – N.D. Cal.): Represented consortium of defendants in patent litigation over video streaming technology. Argued four-day Markman hearing that resulted in claims of asserted patent being found indefinite. Affirmed on appeal.
Ecolab, et al v. Solaia Technologies, Inc. (D. Minn.): Represented plaintiffs in 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.
July 1, 2016
Fish & Richardson Named One of 24 Most Loved Law Firms by General Counsel; One of 10 Firms GCs Love for Pharma Work
June 7, 2016
Fish & Richardson Obtains Reversal of $200 Million Patent Verdict Against Gilead After Merck’s “Pervasive Pattern of Misconduct”
June 29, 2016
Fish Receives Top Tier 1 National Rankings in Patent Prosecution and Patent Litigation from The Legal 500
June 15, 2016
Fish & Richardson Named to IAM Patent 1000 for National Patent Litigation and Prosecution Practices
June 8, 2016
Fish Receives Top “Band 1” National Rankings for Intellectual Property and ITC Practices in Chambers USA 2016
March 23, 2016
Fish & Richardson Awarded “Milestone Case of the Year” at Managing Intellectual Property’s North America Awards 2016
December 17, 2015
Two Principals Named Litigation Trailblazers for 2015 by The National Law Journal
November 19, 2015
Fish & Richardson Named to NLJ 2015 Appellate Hot List; Marks Fifth Year on Prestigious List
November 18, 2015
Principal Jon Singer named 2015 Life Sciences MVP by Law360
November 10, 2015
Fish & Richardson Announces Five Principals Named 2015 "Life Sciences Stars" by LMG Life Sciences
August 6, 2015
Fish & Richardson Affirms Patent Infringement Win for Allergan Over Generic LUMIGAN® 0.01% at the Federal Circuit
July 1, 2015
Fish & Richardson Named to IAM Patent 1000 for National Patent Prosecution and Litigation Practices