Overview

Jon Singer, a renowned life sciences industry leader and decorated trial attorney, is a senior principal in Fish & Richardson's life sciences litigation practice.

Jon founded Fish & Richardson's acclaimed Life Sciences Litigation Group in 2001, which has since grown to become one of the most respected practices in the country. Known as a meticulous tactician and a compelling oral advocate, Jon introduces impeccable planning and strategy into every case he manages.

Throughout his 30-year career, Jon has headed some of the firm’s most complex pharmaceutical matters. In many of these matters, he successfully reversed negative verdicts on appeal, earning him a reputation for turning challenging circumstances into wins for clients. For example, in Prometheus Laboratories v. Mayo Collaborative Services, Jon and the Fish team took a pharmaceutical patent dispute all the way to the U.S. Supreme Court, achieving a reversal of a Federal Circuit Court of Appeals decision in what was recognized as the most important patent decision of the year. In Gilead Sciences, Inc. v. Merck & Co., Jon was trial counsel for Gilead in a case that initially resulted in a $200 million jury verdict against the client. He then led the bench trial that resulted in the District Court setting aside the jury verdict due to unclean hands.

Today, Jon mainly serves as a trusted advisor for the next generation of litigators in Fish’s Life Sciences Group, while still doing courtroom work for select clients.  He frequently assists up-and-coming principals with trial preparation, strategic planning, witness preparation, and other practices to ensure they have the help and support they need to succeed in the complex and challenging practice of life sciences patent litigation. Jon also puts his experience to work as an expert witness in drug-related trials, applying his extensive knowledge of pharmaceuticals to patent and antitrust cases across the country.

Jon’s record of success has earned him substantial recognition throughout his career. He is a three-time Law360 “Life Sciences MVP,” a Daily Journal “California Lawyer of the Year,” and a National Law Journal “Winning Litigator,” among other awards.

In his free time, Jon enjoys writing fiction and completing cryptic crosswords.

Experience

Recent Concluded Matters

Athena Diagnostics, et al v. Mayo Collaborative Services, et al (D. Mass.): District Court and appellate counsel for Mayo defendants in action over Mayo’s test for Myasthenia Gravis. Judgment on the pleadings under Section 101 granted for Mayo. Affirmed on appeal.

Coherus Biosciences, Inc. v. AbbVie Biotechnology Ltd. (PTAB): PTAB counsel for petitioner Coherus. Argued and obtained first-ever invalidity ruling on patents covering AbbVie’s blockbuster drug Humira®. Case settled on appeal.

Gilead Sciences, Inc. v. Merck & Co, Inc., et al., (N.D. Cal.): Trial counsel for Gilead against Merck in action over Gilead’s revolutionary hepatitis C drugs Harvoni® and Sovaldi®. After jury found liability against Gilead and awarded $200 million to Merck, led bench trial and hearings that resulted in District Court setting aside the judgment for unclean hands. Affirmed on appeal. Read about this historic win here and here.

Idenix Corp. v. Gilead Sciences, Inc. (D. Del.): Trial counsel for Gilead in further action over Gilead’s hepatitis C drugs Harvoni® and Sovaldi® by Merck subsidiary Idenix. After jury found liability against Gilead and awarded damages in excess of $2 billion, argued judgment as a matter of law proceedings that resulted in District Court setting aside the judgment for lack of enablement of the patent-in-suit. Affirmed on appeal.

Gilead Sciences, Inc. v. AbbVie Biotechnology Ltd. (D. Del.): District Court counsel for Gilead in action over Gilead’s hepatitis C drugs Harvoni® and Sovaldi®. After favorable Markman ruling, case settled with business arrangement.

Aptalis Pharmatech, Inc., et al v. Apotex, Inc. et al. (D. Del.): Trial counsel for plaintiffs in action over skeletal muscle relaxant drug AMRIX. Injunction secured against generic entry. After remand from Federal Circuit on infringement issues, case settled with business arrangement.

Cephalon, Inc., et al v. Mylan Labs, et al. (D. Del.): Trial counsel for plaintiffs in Hatch-Waxman action over ANDA for breakthrough pain drug FENTORA®. Injunction entered against generic entry in July 2013. Case resolved on appeal with business arrangement.

Roche Palo Alto, et al v. Lupin, Ltd., et al. (D.N.J.): Trial counsel for plaintiffs in Hatch-Waxman action over abbreviated new drug application for angina drug Ranexa®; after three-week bench trial in May 2013, case settled with Lupin agreeing to forestall entry until three months before patent expiry.

Prometheus Laboratories v. Mayo Collaborative Services, et al. (S.D. Cal.): District Court and appellate counsel for defendants in patent infringement action over metabolite assays for thiopurine drugs. Argued and secured summary judgment of invalidity under 35 U.S.C. § 101. After reversal at Federal Circuit Court of Appeals, Supreme Court of the United States reversed appellate court at __ U.S. __, 132 S.Ct. 1289 (2012). Widely recognized as most important patent case of 2012.

Mayo Clinic, et al v. Peter Elkin (D. Minn.): Trial counsel for Mayo Clinic in trade secret case regarding natural language processing software. Jury verdict in favor of Mayo on willful trade secret misappropriation, intentional interference with contractual relations and other claims. Verdict affirmed at 2013 WL 4516191 (8th Cir. 2013).

Eurand, Inc. v. Impax Labs (In re Cyclobenzaprine) (D. Del.): District Court and appellate counsel for plaintiffs in action for enforcement of settlement of Hatch-Waxman litigation. Secured judgment in favor of plaintiffs restraining defendant from launching product in February 2012. Affirmed at 504 Fed. Appx. 900 (Fed. Circ. 2013).

In re Cyclobenzaprine Hydrochloride Extended Release Litigation (D. Del.): Trial and appellate counsel for plaintiffs in Hatch-Waxman actions over ANDAs for skeletal muscle relaxant Amrix®. After verdict of obviousness, secured temporary restraining order against “launch at risk” by defendant Mylan. Secured reversal at Federal Circuit Court of Appeals at 676 F.3d 1063 (Fed. Cir. 2012).

Cephalon, Inc., et al v. Watson Pharmaceuticals, Inc., et al. (D. Del.): Trial counsel for plaintiffs in Hatch-Waxman action over ANDAs for breakthrough pain drug Fentora®. Injunction entered against generic entry at 769 F.Supp.2d 761 (D. Del.) in April 2011. Affirmed on appeal.