Susan Morrison is the Managing Principal of Fish & Richardson’s Delaware office. She is a patent trial lawyer and litigator with more than a decade of experience, and has tried cases in venues around the United States, including the District of Delaware, the Eastern District of Texas, the Central District of California, and the International Trade Commission. Ms. Morrison has extensive experience in Hatch-Waxman and life sciences litigation, representing branded pharmaceutical clients on technologies ranging from topical ophthalmic medications for treating glaucoma to a blockbuster treatment for Hepatitis C. She also has significant experience in medical device litigation.
Subsequent to the enactment of the America Invents Act, Ms. Morrison has broadened her practice to include post-grant proceedings, including inter partes review (IPR). She has successfully worked to obtain decisions denying institution on patents for her pharmaceutical clients, both in competitor vs. competitor cases and in challenges brought by hedge funds.
In addition to her practice, Ms. Morrison is actively involved in her community. She sits on the Board of Directors for Westside Family Healthcare, an nonprofit community health center that provides healthcare to more than 25,000 patients in Northern Delaware and the surrounding area. Ms. Morrison is also actively involved in the Federal Bar Association for the District of Delaware, serving as a co-coordinator for the Federal Trial Practice Seminar, a one of its kind trial practice program sponsored by the District Court and the FBA, which provides trial practice training to lawyers with less than ten years of experience.
Prior to joining the firm, Ms. Morrison served as a law clerk for the Honorable Kent A. Jordan for two years, first on the U.S. District Court for the District of Delaware and then at the U.S. Court of Appeals for the Third Circuit. Prior to becoming a lawyer, Ms. Morrison worked in an immunology and microbiology lab, designing experiments and performing original scientific research in the area of T cell immunology.
“Hot Topics in Pharmaceutical and Biotech Litigation,” Moderator, ChIP’s Global Summit (October 18, 2017 – Washington D.C.)
“After TC Heartland: Venue Considerations for Practitioners,” Panelist, Midwest IP Institute (September 29 – Minneapolis)
Experience
Allergan, Inc. v. Teva Pharmaceuticals Inc. et al. (E.D. Tex.) – representing Plaintiff Allergan in Hatch-Waxman litigation over Allergan’s blockbuster dry eye treatment RESTASIS®.
Allergan Sales, LLC v. Sandoz., Inc., et al. (E.D. Tex.) – representing Plaintiff Allergan in Hatch-Waxman litigation against five generic drug manufacturers regarding Allergan’s glaucoma drug, COMBIGAN®. Won judgment of infringement and validity on all four patents-in-suit after bench trial, which was affirmed on appeal. After additional challenges by Sandoz, won second judgment of infringement and no invalidity in second bench trial held in October 2016. Currently on appeal.
Gilead Sciences, Inc. v. AbbVie Inc. (D. Del.) – represented Gilead Sciences against AbbVie in infringement suit brought by AbbVie over Gilead’s blockbuster Hepatitis C drug HARVONI®. Negotiated resolution out of court less than a month before trial, and all contested proceedings among the Parties have been resolved and dismissed.
In re Certain Sleep-Disordered Breathing Treatment Systems – represented ResMed against BMC and 3B related to ResMed’s patents covering CPAP therapy. Secured victory of infringement and no invalidity after hearing at the International Trade Commission. Case was resolved prior to appellate decision.
Allergan, Inc. v. Sandoz Inc. et al. (E.D. Tex.) – represented Plaintiff Allergan in Hatch-Waxman litigation against four separate generic drug manufacturers regarding their ANDAs seeking to market generic versions of Allergan’s glaucoma drug, LUMIGAN® 0.01%. Won judgment of infringement and no invalidity on all five patents-in-suit, which was affirmed by the Federal Circuit.
CyberFone Systems, LLC v. Amazon.com, Inc., et al. (D. Del.) – representing multiple defendants in litigation on patents related to communications by handheld devices. Secured early summary judgment of patent invalidity under 35 U.S.C. 101.
W.L. Gore & Assoc., Inc. v. Medtronic, Inc., et al. (E.D. Va.) — representing plaintiff W.L. Gore in case relating to intraluminal stent grafts.
In re Cyclobenzaprine (D. Del.) – representing Plaintiffs in Hatch-Waxman litigation on patents related to the skeletal muscle relaxant AMRIX®. Won judgment of infringement and validity against first-filer Mylan at the Federal Circuit on two patents.
In re Brimonidine Patent Litigation (D. Del.) – 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.
