Overview

Louis Fogel, an accomplished litigator and trial attorney, leads complex, high-stakes patent litigation for clients spanning all areas of the life sciences, with a particular focus on biologics, small-molecule pharmaceuticals, and medical devices.   

Louis’s extensive experience, coupled with a Ph.D. in chemistry, enables him to quickly grasp the technology at the heart of a dispute and translate those insights into positive results for clients. He has litigated for innovative life sciences companies across a range of technologies, including those related to immuno-oncology, ophthalmology, cardiovascular health, and innovative platforms. Throughout his career, Louis has been a leader in dozens of life science cases involving biologics (BPCIA), small molecules (Hatch-Waxman), trade secrets, and medical devices. Among his past accomplishments is the representation of a biotechnology company in biologics litigation over a drug to aid in post-chemotherapy recovery, in which a victory in District Court and on appeal allowed the company to launch its first-ever product. 

A registered patent lawyer, Louis is admitted to practice before the U.S. Patent and Trademark Office and has experience representing life science clients in post-grant proceedings. He also maintains an active practice centered on the intersection of antitrust law and intellectual property, in which he regularly helps clients understand, foresee, and avoid antitrust issues related to exclusive licensing, pay-for-delay, and other matters. 

Clients appreciate the intellectual curiosity Louis demonstrates with inventors and expert witnesses, as well as the straightforward, down-to-earth style he brings to courtrooms and boardrooms. As a legal counselor, he’s presented legal advice and strategy to the leadership of companies ranging from early-stage clients to Fortune 500 corporations. 

Louis is the office managing principal of Fish’s Chicago office. He devotes a significant amount of time to pro bono causes, including asylum cases, expungement cases, and civil rights matters. He is also a frequent speaker and author on intellectual property issues.     

Professional associations

  • American Bar Association, Fellow (2018-present); American Bar Association law school accreditation site visit team (2019-present)

  • Public Interest Law Initiative (PILI), Board Member (2018-present)

  • The Richard Linn American Inn of Court (2020-present)

  • The Family Defense Center (2014)

Community

  • The Family Institute at Northwestern University, Board Member (2018-present)
  • Chandler Newberger Hillel at the University of Chicago, Board Member (2014-present)
  • University of Chicago Alumni Board, Board Member (2016-2020)
  • Chicago Chess Foundation, Founding Board Member

Pro bono activities

Represented the EDGAR Association in a patent dispute over the organization’s system for detecting unusual play patterns indicative of cheating in the game of bridge. The U.S. District Court for the Northern District of Georgia granted Fish’s motion to dismiss at the Rule 12 stage, finding, invalidating two patents asserted by Hammond Software, Inc. on Section 101 grounds.