Overview

Christina Brown-Marshall, Ph.D., focuses her practice on patent litigation in the pharmaceutical, biotechnology, and medical device fields. She has also successfully represented clients in mass tort product liability litigation.

Christina has experience in a variety of technological fields, including medical devices, biotechnology, pharmaceuticals, and device manufacturing. She has represented clients in all aspects of litigation in U.S. District Courts, the International Trade Commission, and at the Patent Trial and Appeal Board. Christina also works closely with expert witnesses, many of whom are academics, to prepare them for the unique challenges of deposition and trial.

Christina earned her J.D. from Stanford Law School and her Ph.D. in chemistry from Stanford University. As a law student, she served as co-president of the BioLaw and Health Policy Society. As a graduate student, her research focused on computational modeling of enzymes involved in drug synthesis. Christina was also a founding member of the Stanford chemistry department’s women’s committee on graduate life. She also graduated summa cum laude from the University of Kentucky with a Bachelor of Science degree in chemistry.

In her spare time, Christina enjoys running, gardening, Kentucky basketball, and watching her son play baseball.

Experience

Exela Pharma Sciences, LLC v. Eton Pharmaceuticals, Inc., No 1:20-cv-365 (D. Del.) Fish filed a high-profile Hatch-Waxman lawsuit for client Exela Pharma Sciences against Eton Pharmaceuticals over its intent to produce a generic version of Exela’s patented Elcys® drug. Elcys® is the only FDA-approved cysteine hydrochloride injection on the market for use as an additive to amino acid solutions to meet the nutritional requirements of newborn infants requiring total parenteral nutrition (TPN). The Fish team successfully stopped the institution of three PGRs at the Patent Trial and Appeals Board. Then, following a March 2022 bench trial, the court found all of Exela’s asserted patent claims infringed and valid, and ordered FDA to withhold final approval of Eton’s ANDA until expiration of Exela’s patents. 

Semiconductor Energy Laboratory Co., Ltd. v. BOE Technology Group Co., Ltd., BOE Technology America, Inc., and Motorola Mobility LLC (cellular telephones) (N.D. Cal.) Represented Semiconductor Energy Laboratory in a four-patent infringement suit against BOE and Motorola related to OLED display technology.

In the Matter of Certain Sleep-Disordered Breathing Treatment Mask Systems and Components Thereof — Int’l Trade Comm’n Investigation Nos. 337-TA-1022 and 337-TA-1134 (I.T.C.). Represented complainant ResMed in investigation against New Zealand manufacturer Fisher & Paykel Healthcare concerning CPAP masks to treat sleep apnea.

In re Fresenius GranuFlo/NaturaLyte Dialysate Products Liability Litigation – (MDL No. 2428) – Represented Fresenius in product liability litigation relating to its GranuFlo dialysate product in federal court and state courts.

Dial v. Fresenius Medical Care Holdings, Inc.– C.A. No. 14-11101-DPW (D. Mass.). Defended Fresenius in four-week trial in which plaintiff alleged use of NaturaLyte liquid acid concentrate in hemodialysis treatment caused patient’s death; obtained defense verdict of no causation in March 2017.

Ogburn-Sisneros v. Fresenius Medical Care Holdings, Inc. – No. MICV2013-05050 (Mass. Sup. Ct.). Defended Fresenius in three-week trial in which plaintiff alleged use of GranuFlo granulated acid concentrate in hemodialysis treatment caused patient’s death; obtained defense verdict of no causation in December 2015.

Medigus Ltd. v. EndoChoice, Inc. (D. Del.) – Defended EndoChoice against Medigus’ assertion of a patent related to endoscopes.

EndoChoice, Inc. v. Medigus Ltd. and Medigus USA LLC (D. Del.) – Represented EndoChoice in enforcement of trademark rights related to endoscopy products.

Successfully represented a medical device client in a government investigation related to device manufacturing procedures.

St. Jude Medical v. Volcano Corp. (D. Del.) –Defended Volcano against St. Jude’s assertion of a patent related to cardiac guidewire consoles. Case resulted in settlement favorable to client.

St. Jude Medical v. Volcano Corp. (D. Del.) – Defended Volcano in patent litigation and jury trial related to pressure sensing guide wires used to diagnose heart problems. At trial, jury found two St. Jude patents invalid, two not infringed; a fifth patent was declared not infringed by the court on the eve of trial.

Testimonials

"Dr. Brown-Marshall is a flat-out genius." - Client comment, as reported by BTI

"She exceeds everyone's expectations and delivers exceptional service." - Client comment, as reported by BTI

Pro bono activities

  • Christina volunteers with Kids In Need of Defense (KIND) to represent unaccompanied children in immigration proceedings. She has successfully guided several children through the process of obtaining Special Immigrant Juvenile Status and legal residency.