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Background

Tasha Francis, Ph.D., practices intellectual property litigation with an emphasis on patent litigation. Her clients range from solo inventors and emerging companies in the biotechnology and biopharma industries to established international pharmaceutical companies. She has extensive experience in the areas of small molecule and biologic pharmaceuticals (including antibody technologies), drug formulation and drug delivery technologies, diagnostics, protein biochemistry, and chemicals. Dr. Francis has represented plaintiffs and defendants in cases involving medical devices, biotechnology, and pharmaceuticals including litigation related to Sovaldi® (Gilead), Combigan® and Juvederm® (Allergan), Zorvolex® (iCeutica), and Latuda® (Sumitomo). Dr. Francis also works with a variety of pro bono clients on issues related to patent applications, contract disputes, and habeas petitions.

In addition to her work on behalf of clients, Dr. Francis writes and presents extensively on topics related to the Biologics Price Competition and Innovation Act and life science post-grant proceedings.

Dr. Francis is passionate about the advancement of women in STEM and law. Since joining Fish, Dr. Francis has been at the forefront of developing local programming with the Girl Scouts where local troops learn about inventorship, entrepreneurship and the basic tenets of intellectual property law, specifically copyrights, trademarks, and patents. She also co-chairs the Women’s Initiative Group in the Twin Cities office of Fish & Richardson and the IP Committee of the MN chapter of the Federal Bar Association.

Dr. Francis earned her Ph.D. in Chemical Biology from University of Michigan in 2010, where her thesis focused on the development of small molecule anti-cancer therapeutics. In 2013, Dr. Francis graduated from the University of Michigan Law School, where she was a contributing editor for the Michigan Telecommunications and Technology Law Review.

Education

J.D., University of Michigan Law School
cum laude


Ph.D., University of Michigan
Chemical Biology
Phi Kappa Pi, Iota Sigma Pi


M.A., The Scripps Research Institute


B.A., Dartmouth College
Chemistry and Mathematics

Admissions

  • U.S. Patent and Trademark Office 2009
  • Minnesota 2013
  • U.S. District Court for the District of Minnesota

Memberships & Affiliations

​Federal Bar Association
Contributing Editor, Michigan Telecommunications and Technology Law Review​

Other Distinctions

Selected as a 2019 “Trailblazer” by WIPR Influential Women in IP.

Recognized as a 2018 “Rising Star” in the U.S. by Managing Intellectual Property (MIP) magazine.

Publications

Amgen v. Sandoz: Final Judgment of Non-Infringement: Clearance for Biologics Still Being Finalized at the Time of Judgment?” written with Jenny Shmuel and Tucker Terhufen, Fish Litigation Blog (May 22, 2019).

Discovery Battles in AbbVie v. Boehringer Ingelheim,” written with Jenny Shmuel and Autumn Wu, Fish Litigation Blog (March 14, 2019).

PTAB Designates Lectrosonics Order as Precedential,” Fish Post-Grant Blog (March 12, 2019).

Discovery Disputes Related to Manufacturing in BPCIA Litigation,” written with Bobby Hampton and Jenny Shmuel, Fish Litigation Blog (February 22, 2019).

Biosimilars 2018 Year in Review,” written with Philip Chen and Jenny Shmuel, Fish Litigation Blog (January 14, 2019).

Coggio B.D., Vogel R., Francis T. (2018) Litigation-Related Issues Under the Biologics Price Competition and Innovation Act. In: Gutka H., Yang H., Kakar S. (eds) Biosimilars. AAPS Advances in the Pharmaceutical Sciences Series, vol 34. Springer, Cham

Focus on Competition in U.S. Biosimilars Market Heats Up in Summer of 2018,” written with Jenny Shmuel, Fish Litigation Blog (August 31, 2018).

FDA Releases Biosimilars Action Plan,” written with Jenny Shmuel, Fish Litigation Blog (July 20, 2018).

Live from the 9th Annual Summit on Biosimilars,” written with Jenny Shmuel, Fish Litigation Blog (June 28, 2018).

Senator Hatch: Choose IPR or an Abbreviated Regulatory Pathway, But Not Both,” written with Jenny Shmuel, Fish Litigation Blog (June 25, 2018).

New Draft Guidance on FDA Meetings, But Nothing Further on Substantive Requirements for Biosimilars and Interchangeables,” written with Jenny Shmuel, Fish Litigation Blog (June 20, 2018).

“Websites Can Be Liable When Users Post Infringing Marks,” co-author, Intellectual Property Magazine (May 2018).

No Declaratory Judgment Jurisdiction in Dispute Over Avastin® Biosimilar Launch Date; Questions Remain,” written with Jenny Shmuel, Fish Litigation Blog (April 27, 2018).

Declaratory Judgment Litigation Brought by Biosimilar Manufacturers,” written with Jenny Shmuel and Brendan Murphy, Fish Litigation Blog (February 26, 2018).

Biosimilars 2017 Year in Review,” written with Jenny Shmuel and Brianna Chamberlin, Bloomberg Law (February 6, 2018).

Federal Circuit Simplifies BPCIA Disputes by Finding State Remedies Preempted,” written with Jenny Shmuel, Fish Litigation Blog, (December 20, 2017).

The Herceptin® Battle Moves into the District Court,” written with Jenny Shmuel and Casey Kraning-Rush, Fish Litigation Blog, (November 22, 2017).

Federal Circuit Provides Guidance on Probative Value of “Patent Dance” Letters and aBLA Parameters in an Infringement Analysis,” written with Jenny Shmuel, Fish Litigation Blog (November 15, 2017).

16 Bioscience Law Review 153 (2017),” co-authored with Brian Coggio, BioScience Law Review.

BPCIA At Fed. Circ.: Awaiting Guidance On Patent Dance,” written with Jenny Shmuel, Law360 (October 12, 2017).

The Ramifications of Leaving the Patent Dance Floor,” written with Jenny Shmuel, Fish Litigation Blog (August 3, 2017).

Kyle Bass Ends with a Bang: Success in Final PTAB Decision,” written with Tucker N. Terhufen, Fish Post-Grant Alerts (June 20, 2017).

Thought Leaders Gather at 8th Annual ACI Biosimilars Summit,” written with Jenny Shmuel, Fish Litigation Blog (June 14, 2017).

SCOTUS Unravels Some of the BPCIA Enigma — But Questions Remain,” written with Jenny Shmuel, Fish Litigation Blog (June 13, 2017).

Kyle Bass Does Not Seek to Uphold PTAB Decisions on Appeal,” written with Tucker N. Terhufen, Fish Post-Grant Alerts (June 9, 2017).

The Last “Cabilly” Challenge Quietly Settles,” written with Casey Kraning-Rush and Jenny Shmuel, Fish Post-Grant Alerts (May 25, 2017).

Surveying The Current Legal Landscape For Biosimilars, mentioned by author Terry Mahn, who wrote this piece with Lawrence Sung (of Wiley Rein) and Patrick Gallagher (of Duane Morris), Biosimilar Development, (May 3, 2017).

Justices Struggle With BPCIA Enigma, co-written with Jenny Shmuel, Law360 (April 28, 2017).

Protective Agreements Before and During BPCIA Litigation: Prosecution and Regulatory Bars, co-author, Fish Litigation Blog (April 7, 2017).

“Recent Developments in Biopharma PTAB Practice,” co-author, NYIPLA (February/March 2017).

Kyle Bass Wins at the PTAB, co-written with Tucker Terhufen, IP Litigator, January/February 2017, Vol. 23, #1

A Mixed Bag for Kyle Bass: Three Wins and Eight Losses at the PTAB, co-written with Tucker Terhufen, Fish Post-Grant Alerts (March 22, 2017).

A Dive Into BPCIA Confidential Info Disclosure Requirements, co-authorLaw 360 (March 15, 2017).

First Biosimilar Monoclonal Antibody in Oncology Granted EU Approval: Implications for the U.S. Market, co-written with Ron Vogel and Jenny Shmuel, Fish Litigation Blog, March 14, 2017.

Rituxan® Patents Resurface at the PTAB, co-written with Casey Kraning-Rush and Jenny Shmuel, Fish Post-Grant Alerts (March 10, 2017).

Mixed Results When New Attribution Standard is Put to the Test with Life Science Divided-Actor Method Claims, co-authorFish Litigation Blog, March 3, 2017.

Genentech Seeks “Urgent” Relief from Amgen’s Alleged BPCIA Violations, co-written with Jenny Shmuel, Fish Litigation Blog, February 17, 2017.

Biosimilar Litigants Square Off Before the Supreme Court, co-authorFish Litigation Blog, February 16, 2017.

Dance Partners Janssen and Celltrion Face Off in Trial Scheduled for February 2017, co-written with Jasmine De Cock and Jenny Shmuel, Fish Litigation Blog, February 7, 2017.

Inflectra® Biosimilar Patent Litigation—The Remedies Dispute, co-authorFish Litigation Blog, February 3, 2017.

Janssen Files Opening Appeal Brief in Attempt to Revive Remicade® Patent, co-written with Jenny Shmuel, Fish Litigation Blog, February 02, 2017.

Biosimilars: What to Expect in 2017, co-written with Jenny Shmuel, Fish Litigation Blog, January 23, 2017.

Patent Challengers Must Show Harm to Appeal Final PTAB Decisions, co-authorFish Post-Grant Blog, January 20, 2017.

Biosimilars: Looking Back and Looking Ahead, co-authorBloomberg Law: Pharmaceutical Law & Industry Report,  January 18, 2017.

Amgen v. Sandoz: SCOTUS to Solve the Riddle Wrapped in a Mystery Inside an Enigma, co-written with Jenny Shmuel, Fish Litigation Blog (January 17, 2017).

Confidentiality in BPCIA Cases, co-written with Jenny Shmuel and Karrie Wheatley, Fish Litigation Blog (January 05, 2017).

Celgene Asks PTAB to Reconsider Adverse Final Written Decisions, co-written with Tucker N. Terhufen, Fish Post-Grant Alerts (December 5, 2016).

Amgen Opposes Apotex’s Petition for Certiorari, co-author, Fish Litigation Blog (November 18, 2016).

Amgen Crystallizes Disagreement in Appeal of Discovery Row, co-author, Fish Litigation Blog (November 17, 2016).

New Developments in AbbVie’s BPCIA Suit Targeting Amgen’s Humira® Biosimilar, co-written with Tucker N. Terhufen and Jenny Shmuel, Fish Litigation Blog (November 14, 2016).

Kyle Bass is on a Roll: Four More Wins at the PTAB, co-written with Tucker N. Terhufen, Fish Post-Grant Alerts (November 1, 2016).

Kyle Bass Wins at the PTAB, co-written with Tucker N. Terhufen, Fish Post-Grant Alerts (October 25, 2016).

Mylan and the Biosimilars Council Urge Supreme Court to Overturn Amgen v. Apotex, co-author, Fish Litigation Blog (October 21, 2016).

Biogen Dodges IPR Bullet on Key Tysabri® Patents, co-written with Casey Kraning-Rush and Jenny Shmuel, Fish Litigation Blog (October 20, 2016).

Kyle Bass Wins at the PTAB, co-written with Tucker Terhufen, Fish Patent Blog (October 20, 2016).

Amgen Appeals Loss of Neulasta® and Neupogen® Litigation, co-written with Jenny Shmuel and Ethan Rubin, Fish Litigation Blog (October 7, 2016).

Amgen’s Humira Biosimilar Becomes the Fourth FDA Approved Biosimilar, co-author, Fish Litigation Blog (September 27, 2016).

FDA to Hold Public Meeting on Biosimilar User Fees, co-written with a former Fish attorney, Fish Litigation Blog (September 21, 2016).

Amgen Argues “Entire Balance of BPCIA” in Jeopardy unless Federal Circuit Overturns Discovery Ruling. co-author, Fish Litigation Blog (September 20, 2016).

The Dance Continues: Apotex Petitions the Supreme Court for Review, co-author, Fish Litigation Blog (September 19, 2016).

Amgen Loses BPCIA Suit Against Apotex’s Neulasta® and Neupogen® Biosimilars, co-written with Jenny Shmuel, Fish Litigation Blog (September 8, 2016).

FDA Approves Sandoz’s Biosimilar of Enbrel®, co-written with Jenny Shmuel, Fish Litigation Blog (August 31, 2016).

Amgen Can Enforce Notice of Commercial Marketing for Epogen® Biosimilar, co-written with Jenny Shmuel, Fish Litigation Blog (August 8, 2016).

Amgen DJ to Compel Patent Dance Dismissed, co-written with Jenny Shmuel, Fish Litigation Blog (July 26, 2016).

Fall-Out from the Federal Circuit’s Decision in Amgen v. Apotex, co-written with Jenny Shmuel and Alex Pechette, Fish Litigation Blog (June 14, 2016).

Notice of Commercialization Is Only Effective After FDA-Approval Regardless of Whether Parties Dance, co-written with Jenny Shmuel, Fish Litigation Blog (July 11, 2016).

You Can’t Patent Dance Your Way Out of Biosimilar Notice, co-written with Jenny Shmuel, Law360 (July 8, 2016).

Janssen Uses Manufacturing Info Obtained in BPCIA Litigation to Target Supplier, co-written with Jenny Shmuel and Alex Pechette, Fish Litigation Blog (June 17, 2016).

Amgen v. Sandoz—The Biosimilars Battle Continues, co-written with Jenny Shmuel and Sarah Jack, Fish Litigation Blog (June 15, 2016).

Live from the ACI Biosimilar Conference, Fish Litigation Blog (June 15, 2016).

Janssen Continues BPCIA Litigation Against Celltrion But Eyes New Target, co-written with Jenny Shmuel and Alex Pechette, Fish Litigation Blog (June 10, 2016).

Janssen Seeks Expedited Trial Following FDA Approval of Remicade Biosimilar, co-written with Jenny Shmuel, Fish Litigation Blog (April 13, 2016).

Spangenberg Finds Partner to Target Nucynta® Patent, Fish Post-Grant Alerts (January 28, 2016).

Will the Trans-Pacific Partnership Derail Biologics? co-written with Terry Mahn, Pharmaceutical Compliance Monitor (December 4, 2015).

Kyle Bass Group Gets PTAB To Review 4 Celgene Patents, Fish Post-Grant Alerts (October 28,2015).

First Bass IPR Instituted, Fish Post-Grant Alerts (October 8, 2015).

PTAB Denies Sanctions Against Bass, Fish Post-Grant Alerts (September 28, 2015).

Kyle Bass’ IPRs: Are You Next?, Fish Post-Grant Alerts (September 8, 2015).

Injunction Denied, Sandoz Cleared to Launch, Fish Litigation Blog (September 2, 2015).

BPCIA Dance Partners Request En Banc Rehearing and Amgen Seeks Temporary Injunction, Fish Litigation Blog (August 27, 2015).

PTAB Denies First Two Bass IPR Petitions, Fish Post-Grant Alerts (August 25, 2015).

Bass IPR Activity Heats Up in August, Fish Post-Grant Alerts (August 21, 2015).

Bass Opposes Sanctions and Defends His Actions at the PTAB, Fish Post-Grant Alerts (August 12, 2015).

Choose Your Court, co-written with Dorothy Whelan, Life Sciences Intellectual Property Review(July 23, 2015).

The Confusing and Often Contradictory World of Pleading Defenses and Counterclaims in Patent Cases, co-written with Conrad Gosen, IPO Daily News™ (June 25, 2015).

Celgene Seeks Sanctions Against Bass, Fish Post-Grant Alerts (June 11, 2015).

Kyle Bass Files Fifteenth IPR Petition, Fish Post-Grant Alerts (May 22, 2015).

Preparing for Biosimilar Litigation, Fish Litigation Blog (May 12, 2015).

Amgen v. Sandoz: To Dance or Not?Fish Litigation Blog (May 11, 2015).

Non-Practicing Entities as IPR Petitioners in BioPharma, Fish Post-Grant Alerts, Fish Litigation Blog (April 23, 2015).

Fish & Girl Scouts Collaboration, Fish Articles (April 14, 2015).

Patenting Orphan Drugs>, Fish Litigation Blog (January 30, 2015).

Limelight v. Akamai: A software case worthy of biotech’s attention, Fish Litigation Blog (April 29, 2014).

Lexicography may not override ordinary meaning in the absence of clear disclaimer, Fish Litigation Blog (February 26, 2014).

Fed. Cir. adopts more flexible standards for awarding attorneys’ fees, Fish Litigation Blog (January 13, 2014).

Francis, T.M., Continued employment as sufficient consideration for pre-invention assignment agreements. State Bar of Michigan IPLS Proceedings, 2014, 25, 1-5.

Francis, T.M., Target identification and validation of a novel family of anti-inflammatory 1,4-benzodiazepine-2,5-diones. Dissertations Abstracts International, 2010.

Nicolaou, K.C., Brenzovich, W.E., Bulger, P.G. and Francis, T.M., Synthesis of iso-epoxy-amphidinolide N and des-epoxy-caribenolide I Structures. Initial Forays. Org. & Biomol. Chem. 2006, 11, 2119.

Francis, T.M.; Sundberg, T.B.; Cleary, J.; Groendyke, T.; Opipari, A.W.; Glick, G.D. Identification of cytotoxic, T-cell-selective 1,4-benzodiazepine-2,5-diones. Bio. Org. Med. Chem. Lett. 2006, 16, 2432.

Zhou, J.; Zong, C.; Francis, T.M.; Braun, C.L. Radiative Exciplexes of 1,2,4,5-Tetracyanobenzene with Sterically Hindered Alkylbenzenes. J. Phys. Chem. A. 2003, 107, 8319-8326.

Zhou, J.; Findley, B.R.; Francis, T.M.; Nytko, E.A.; Braun, C.L. The Solution Dynamics of Photoinduced Geminate Radical Ion Pairs: Free Ion Formation. Chemical Physics Letters. 2002, 362, 63-71.

Bruckner, Christian; McCarthy, J.R.; Daniell, H.W.; Pendon, Z.D.; Ilagan, R.P.; Francis, T.M.; Ren, L.; Birge, R.R.; Frank, H.A. A Spectroscopic and Computational Study of the Singlet and Triplet Excited States of Synthetic -Functionalized Chlorins. Chemical Physics. 2003, 294, 285-303.

Presentations

“Biosimilars: 2018 A Year in Review” co-speaker, Fish Webinar (January 17, 2019)

“Hot Topics in Biologics/Biosimilar Disputes,” co-speaker, West LegalEdcenter Webcast (July 19, 2018)

“Biosimilars – A Year in Review” co-speaker, Fish Webinar (January 18, 2018)

“Recent Trends and Key Decisions in the Life Sciences,” Fish Boston Breakfast Series (October 26, 2017 – Cambridge)

“Recent and Upcoming BPCIA Guidance from the Federal Circuit and the Supreme Court” co-speaker, Fish Litigation Webinar (May 23, 2017)

What's trending with Tasha

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Fish Litigation Blog
March 14, 2019
Discovery Battles in AbbVie v. Boehringer Ingelheim
Discovery Battles in <i>AbbVie v. Boehringer Ingelheim</i>
Authors: Qiuyi Wu, Jenny Shmuel, Ph.D., Tasha M. Francis, Ph.D.
IP Litigation
Life Sciences
Fish Litigation Blog
February 22, 2019
Discovery Disputes Related to Manufacturing in BPCIA Litigation
Discovery Disputes Related to Manufacturing in BPCIA Litigation
Authors: Bobby G. Hampton, Jenny Shmuel, Ph.D., Tasha M. Francis, Ph.D.
IP Litigation
Life Sciences
News
January 24, 2019
Fish & Richardson Attorneys Contribute Chapter to New Biosimilars Book
Fish & Richardson Attorneys Contribute Chapter to New Biosimilars Book
Press Release
Fish Litigation Blog
January 14, 2019
Biosimilars 2018 Year in Review
Patenting Software: A Case Study in Overcoming Alice
Authors: Philip K. Chen, Jenny Shmuel, Ph.D., Tasha M. Francis, Ph.D.
IP Litigation
Life Sciences
Fish Litigation Blog
May 22, 2019
Amgen v. Sandoz: Final Judgment of Non-Infringement: Clearance for Biologics Still Being Finalized at the Time of Judgment?
<i>Amgen v. Sandoz</I>: Final Judgment of Non-Infringement: Clearance for Biologics Still Being Finalized at the Time of Judgment?
Authors: Tucker N. Terhufen, Jenny Shmuel, Ph.D., Tasha M. Francis, Ph.D.
IP Litigation
Life Sciences
News
May 20, 2019
Fish & Richardson Attorneys Danielle (DJ) Healey and Dr. Tasha Francis Honored as “Influential Women in IP” by World Intellectual Property Review
Fish & Richardson Attorneys Danielle (DJ) Healey and Dr. Tasha Francis Honored as “Influential Women in IP” by <i>World Intellectual Property Review</i>
Press Release
Event
April 2nd, 2019
Bench & Bar in Dialogue – Minneapolis
Bench & Bar in Dialogue – Minneapolis
Speaking Engagement
Conference/Convention
Sponsorship
News
January 3, 2019
Three Fish & Richardson Attorneys Named 2018 “Rising Stars” by Managing Intellectual Property Magazine
Three Fish & Richardson Attorneys Named 2018 “Rising Stars”  by <i>Managing Intellectual Property</i> Magazine
Press Release
Event
January 17th, 2019 | 1:00 pm EST
Webinar | 2018 Biosimilars – A Year in Review
Webinar | 2018 Biosimilars – A Year in Review
Webinar
News
December 4, 2018
Michael Hawkins and Tasha Francis Quoted in Law360 Article "Checking In On SAS Institute 6 Months Later"
Michael Hawkins and Tasha Francis Quoted in <i>Law360</i> Article SAS Institute 6 Months Later"">
Media Mention
Fish Litigation Blog
August 31, 2018
Focus on Competition in U.S. Biosimilars Market Heats Up in Summer of 2018
Focus on Competition in U.S. Biosimilars Market Heats Up in Summer of 2018
Authors: Jenny Shmuel, Ph.D., Tasha M. Francis, Ph.D.
IP Litigation
Life Sciences
Event
January 18th, 2018 | 1:00 pm EST
Biosimilars - A Year In Review
Biosimilars - A Year In Review
Webinar
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