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Hatch-Waxman

Fish  attorneys have served as leading advisors to pioneers in the pharmaceutical, biotechnology, and life sciences fields for more than a century. For three consecutive years, we have been named the top US law firm for life sciences and biotechnology IP work by Managing Intellectual Property magazine. Clients choose Fish because of the technical and scientific expertise of our internationally recognized attorneys.

Large and small companies, along with academic and research institutions, turn to Fish’s team to protect their most valuable innovations. We offer biotechnology and pharmaceutical clients services that include:

  • Patent portfolio planning, strategic advice, opinions, and prosecution
  • Post-grant proceedings at the USPTO
  • Litigation services, including representation in Hatch-Waxman cases
  • FDA expertise
  • Counsel on licensing and other transactions

We have a rapidly expanding practice representing branded pharmaceutical companies in Hatch-Waxman litigation. Biotechnology and pharmaceutical companies trust Fish’s litigation team to handle these complicated, high-stakes cases because we are the world’s most experienced patent litigators.

Examples of our biotechnology and pharmaceutical work include:

  • Representing dozens of biotechnology and pharmaceutical clients in patent infringement litigation
  • Successfully litigating ANDA cases on behalf of branded pharmaceuticals
  • Obtaining patents for therapeutic agents and methods currently in clinical trials, including tumor-specific agents such as oncolytics viruses and humanized antibodies and methods for treating strokes
  • Patenting groundbreaking tissue engineering patents on breakthroughs that show promise in treating spinal cord injuries
  • Obtaining the first patent on a genetically engineered animal
  • Gaining FDA approvals for small molecule drugs and biologics, including gene and cell therapies, antibiotics, immunologics, and anti-anxiety medications
  • Conducting intellectual property due diligence on thousands of licensing agreements for the merger of two large pharmaceuticals companies in just a few months’ time

Recent Wins

Fish Wins Federal Circuit Affirmance of Reversal of $200 Million Damages Against Gilead

Fish won a unanimous Federal Circuit opinion today that affirmed its June 2016 post-trial wipe-out of a $200 million jury verdict against client Gilead Sciences, Inc. after proving Merck had forfeited its right to assert its hepatitis C drug patents against Gilead because of litigation and business misconduct constituting “unclean hands.”

Read more about this precedential opinion here and here.

Fish Wipes Out $2.5B Patent Verdict Against Gilead Sciences

Fish & Richardson won a motion for Judgment as a Matter of Law (JMOL) that reversed a $2.5 billion jury verdict against its client Gilead Sciences Inc. in federal court in Delaware.

Read about this historic win here and here.

 General Patent Litigation Firm of the Year: Fish & RichardsonPatent Impact Case of the Year: Fish & Richardson

Intellectual Property (IP) Firm of the YearIntellectual Property (IP) Practice Group of the Year

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November 19th, 2019 | 3:00 pm PST
Xconomy: What's Next in Neuroscience Therapies
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October 30, 2019
Fish & Richardson Named to National Law Journal’s 2019 Appellate Hot List
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December 3rd, 2019 | 9:00 am CET
C5 Global Summit on Biosimilars
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Fish & Richardson Receives Top Firm Rankings from LMG Life Sciences in Four Practice Areas
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Fish & Richardson Principal Juanita Brooks Named California Patent Litigator of the Year by LMG Life Sciences
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September 16, 2019
Fish & Richardson Attorneys Betsy Flanagan and Ben Thompson Named Law360 2019 “Rising Stars”
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September 6, 2019
Fish & Richardson Principal Susan Morrison Named 2019 “40 Under 40” Honoree by Delaware Business Times
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September 3, 2019
Brian Coggio Authors Article in Law360, “A District Court Split On Hatch-Waxman Venue Determinations”
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July 10, 2019
Q&A with Jon Singer for Corporate Counsel Business Journal
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July 10, 2019
Q&A with Jon Singer for Corporate Counsel Business Journal
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June 25, 2019
Fish & Richardson Principals Named 2019 “Women Worth Watching” by Profiles in Diversity Journal
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