Elizabeth M. Flanagan | Attorney - Twin Cities

Background

Betsy Flanagan is a Principal in the Twin Cities office of Fish & Richardson. Her practice focuses on complex patent litigation, with an emphasis on life sciences, biotechnology and pharmaceutical litigation, including Hatch-Waxman litigation. Betsy has worked on a variety of technologies, including, for example, pharmaceutical formulations, glaucoma drugs, hair growth agents, dermal fillers, nucleosides, antibodies, biologics, and sleep apnea devices. She has experience in all phases of litigation, including pre-filing due diligence, document collection and production, managing fact and expert discovery strategy, depositions, discovery hearings, claim construction hearings, and settlement. Betsy regularly leads briefing for claim construction, summary judgment and other dispositive motions, and post-trial issues, including JMOL. Betsy’s trial experience includes both bench and jury trials. In addition to district court litigation, Betsy has also worked on a number of Federal Circuit appeals, has practiced before the International Trade Commission, and has experience in post-grant proceedings, including inter partes review.

For the past three years, Betsy has been named one of the “Top 250 Women in Litigation” by Benchmark Litigation. In 2018, Betsy was named an “Up & Coming Attorney” by Minnesota Lawyer, and a “Women Worth Watching” award winner by Profiles in Diversity Journal. She has also been named a Rising Star in Intellectual Property Litigation by Super Lawyers, a “Life Science Star” by LMG Life Sciences multiple times, and a Rising Star by Law360.

Before joining Fish, Betsy was a Staff Chemist for Merck & Co., Inc. working on vaccine research, and was a Law Clerk at Fair Isaac Corporation.

Services

Industries

Education

University of Minnesota Law School 2008
J.D.
magna cum laude

Cornell University 2003
Chemistry, B.A.
with distinction in all subjects

Admissions

Minnesota
Delaware
Michigan
U.S. Court of Appeals for the Federal Circuit
U.S. District Court for the District of Delaware
U.S. District Court for the District of Minnesota

Memberships & Affiliations

One of eight litigation attorneys selected to participate in the 2013 Federal Trial Practice Seminar, an intensive litigation seminar culminating in a mock trial that is administered by the United States District Court for the District of Delaware.

Lead Managing Editor, Minnesota Law Review

Other Distinctions

Named to “Top 250 Women in Litigation” list by Benchmark Litigation (2018-2020).

Named a “Leading Patent Professional” by IAM Patent 1000 in 2020.

Named to “Best Lawyers” by Best Lawyers in America in 2020 and 2021.

Named a “Rising Star” by Law360 in 2019.

Named “Up & Coming Attorney” by Minnesota Lawyer in 2018.

Named one of the 2018 “Women Worth Watching” by Profiles in Diversity Journal.

Selected by her peers as a Super Lawyers Rising Star in 2013, 2017, and 2018.

Named a “Life Science Star” by LMG Life Sciences (2017-2019).

2007-2008 Student Category Winner, Ladas Memorial Award, International Trademark Association

Publications

“Keeping Up With Life Sciences Appeals: 1Q2020,” Fish Litigation Blog (April 10, 2020).

“Section 101: Cert. Denied … Now What?” Fish Litigation Blog (April 2, 2020).

“Coping With A Pandemic,” Q&A with Law360 (March 2020).

“Life Sciences Litigation Heats Up Around Patent Eligibility And Generics,” Corporate Counsel Business Journal (March 2020).

“Federal Circuit Holds Life Sciences Claims Eligible in Illumina v. Ariosa,” Fish Litigation Blog (March 24, 2020).

“Method of Treatment Claims Pass Mayo Test,” Fish Litigation Blog (June 15, 2018).

“Mixed Results When New Attribution Standard is Put to the Test with Life Science Divided-Actor Method Claims,” co-author, Fish Litigation Blog (March 3, 2017).

“US Solicitor Sides With Sandoz In Biosimilar Case,” co-author, Law360 (December 20, 2016).

“Solicitor General Claims Error in Federal Circuit’s Sandoz Holding,” co-author, Fish Litigation Blog (December 14, 2016).

“Update on pleading standards in Hatch-Waxman cases,” Fish Litigation Blog (November 2013).

“Orange Book Listing Opportunities for Drug-Device Combinations,” BNA Pharmaceutical Law & Industry Report (December 2011).

“No Free Parking: Obtaining Relief from Trademark-Infringing Domain Name Parking,” MINN. L. REV., 92, 498 (2007).

“Sustained High-Titer Antibody Responses Induced by Conjugating a Malarial Vaccine Candidate to Outer-Membrane Protein Complex,” with Y. Wu, C. Przysiecki, et al., Proc. Natl. Acad. Sci. USA, 103, 18243–248 (2006).

Presentations

“The Business of the Hatch-Waxman Act,” Fish Life Sciences Webinar, (May 20, 2020).

“The IPR Landscape in 2020: Adopting the Phillips Standard, Bars, and More,” Intellectual Property Law Spring Seminar 2020, (March 5, 2020).

“2019 Year in Review,” Fish’s Boston Seminar Series, (January 29, 2020).

“The Section 101 Landscape,” Midwest IP Institute, (September 27, 2019).

“2018 Year in Review,” Fish’s Boston Seminar Series, (January 22, 2019).

“Patent Infringement Litigation,” Patent Resources Group (PRG) Advanced Courses Program (Spring & Fall 2018).

“2017 Year in Review,” Fish’s Boston Breakfast Series, (January 10, 2018).

“Enjoining Life Sciences Competition: A Review and Discussion,” Fish Litigation Webinar (November 9, 2017).

“Biosimilars: A Mid-Year Review,” Fish Litigation Webinar (August 16, 2017).

“Equitable Defenses in Patent Cases,” Patents on Tap (September 15, 2016).

Experience

Gilead Sciences v. Merck & Co, Inc. et al. (N.D. Cal.): Trial and appellate counsel for Gilead in action over Gilead’s revolutionary Hepatitis C drugs, Harvoni and Sovaldi. Fish won a unanimous Federal Circuit opinion that affirmed its June 2016 post-trial wipe-out of a $200 million jury verdict. Read about this historic win here and here.

GSK v Teva; GSK v Glenmark (D. Del): Trial counsel for plaintiffs in patent litigation over heart-failure medication COREG®.

Athena Diagnostics, Inc. v. Mayo Collaborative Services (D. Mass.): Represented Mayo in district court, the Federal Circuit, and Supreme Court in patent case related to detection of autoimmune disorder in patients. Secured 12(b)(6) dismissal under § 101; result upheld in high-profile appeal.

Coherus BioSciences, Inc. v. AbbVie Biotechnology Ltd., IPR 2016-00172 (P.T.A.B.): Team member representing Petitioner Coherus Biosciences in IPR proceedings related to patents covering AbbVie dosing regimens related to Humira. All claims invalidated in Final Written Decisions issued in May and June 2017; result upheld on appeal.

iCeutica Inc. et al v Lupin, LTD., et al (D. Del): Counsel for Plaintiffs in Hatch-Waxman litigation over pain medication ZORVOLEX®. Case amicably settled one week before trial.

Cephalon Inc. et al v. Mylan Pharmaceuticals Inc. et al. (D. Del.): Trial counsel for plaintiffs in Hatch-Waxman litigation over pain medication FENTORA®. Injunction entered against generic entry.

Immunex Corporation, et al. v. Samsung Bioepis Co. Ltd., Civil Action No. 19-11755 (D.N.J.): Representing Samsung Bioepis in BPCIA litigation concerning the SB4 biosimilar to Enbrel.

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