Overview

Martina Tyreus Hufnal focuses on intellectual property litigation involving a wide range of technologies and has extensive experience in the pharmaceutical field, including Hatch-Waxman cases.

Martina has prevailed in drug and medical device cases, as well as in chemical, electrical, and software cases.

While she focuses her practice in U.S. District Courts and has appeared in them across the country, she has also practiced before the U.S. Court of Appeals for the Federal Circuit and the U.S. Patent and Trademark Office, and represents clients in post-grant proceedings, including inter partes reviews. Having represented both patent holders and challengers in inter partes proceedings, Martina excels in litigation strategy and offers clients a well-rounded perspective on litigation’s impact on business and the implications of post-grant proceedings.  

She has been lead counsel in cases related to small molecule formulations, biosimilar protein formulations, polymer chemistry, gasoline blending technologies, and load balancing software. From her noninfringement trial victory for Microsoft against well-known patent assertion entity Parallel Networks to the successful patent infringement defense of Gilead against Merck regarding Gilead’s Hepatitis C treatment drugs Sovaldi® and Harvoni®, Martina has handled some of the most contentious, high-stakes matters for industry-leading clients. Her Hatch-Waxman litigations include Latuda®, Zorvolex® (co-lead), Vivlodex® (co-lead), Combigan®, and Lumigan®. She has also headed litigations against Humira® (adalimumab).

Regarded as an outstanding litigator, Martina is recognized year after year. Her many accolades include “Lawyer of the Year,” The Best Lawyers in America (2022), “Best Lawyers Litigation – Intellectual Property” (2018-2021), “The World’s Leading Patent Professionals,” IAM Patent 1000 (2017-2021), Notable Practitioner in Intellectual Property, Chambers USA: Delaware (2018, 2021), and “IP Star” by Managing Intellectual Property (2018-2021). According to clients, she is an “outstanding lead counsel” who is “known for her prowess in post-grant proceedings and great in Hatch-Waxman actions.”

Martina is a sought-after panelist at conferences discussing litigation preparation and management.

Before joining the firm, Martina clerked for the Honorable Judge Sue L. Robinson in the U.S. District Court for the District of Delaware for a year and practiced IP litigation in Delaware for four years.

Experience

Parallel Networks Licensing LLC v. Microsoft Corp. (D. Del. May 11, 2017) – Martina was co-lead trial counsel for Microsoft in a trial victory against Parallel Networks, a well-known patent assertion entity. In addition to handling an inventor at trial, she spearheaded the damages strategy – winning pre-trial motions that set up the jury trial for success, securing significant Daubert wins precluding Parallel Networks’ evidence presentation, and cross examining the damages expert. The jury came back in under two hours with a finding for Microsoft of non-infringement.

BASF Corp. v. Johnson Matthey Inc. (D. Del., Nov. 30, 2016; Johnson Matthey Inc., et al. v. BASF Corp. IPR 2015-1267 – Martina was co-lead counsel for Johnson Matthey in this patent infringement battle over a patent that controls and reduces emission of nitrogen oxide in heavy diesel trucks. At the Markman hearing, she argued that BASF’s claims were indefinite. The court agreed, entering a judgment pre-trial that the asserted claims of the patent-in-suit were invalid. The case is currently on appeal at the Federal Circuit with Martina as co-lead counsel.

iCeutica Pty. Ltd., et al. v. Lupin Ltd., et al. (D. Del.) – Fish represented Iroko and iCeutica in this Hatch-Waxman litigation involving the drug Zorvolex®. Martina, who served as co-lead counsel in this case, argued at the February 5, 2016 Markman hearing and obtained favorable claim constructions. All claims and counterclaims were dismissed less than a week before trial.

Gilead Sciences Inc. v. Merck & Co. Inc., et al. (N.D Cal. Mar. 20, 2016; June 6, 2016) – Martina coordinated the trial logistics, in-trial submissions, disputes with opposing counsel, and daily strategic planning on this case. The case involved Gilead’s Sovaldi® and Harvoni® drugs, which are used to treat chronic Hepatitis C. Merck asserted that Gilead’s products infringed two of its patents (‘499 and ‘712). After the jury trial, the Court held a bench trial and found that Merck’s misconduct included “lying to Pharmasset, misusing Pharmasset’s confidential information, breaching confidentiality and firewall agreements, and lying under oath at deposition and trial,” which led the judge to void the $200 million jury verdict that was awarded to Merck in March 2016 because of “unclean hands.”

Invista North America S.A.R.L. et al. v. M&G USA Corp. et al. (Fed. Cir. Aug. 13, 2014; D. Del. July 24, 2013) – Fish client Invista alleged that M&G’s PoliProtect product infringed two Invista patents that relate to polyester barrier resins – plastic materials that limit the permeation of gas and protect food or beverage contents from contamination or spoilage. Martina co-led and won both the district court and appellate victory for Invista.

Worked on a series of Hatch-Waxman cases regarding a leading pharmaceutical company’s glaucoma drug. Part of the team that successfully won an injunction in August 2011, which was affirmed on appeal in 2013.

Part of the trial court team that, in February 2011, prevailed on behalf of a leading pharmaceutical company in a Hatch-Waxman bench trial regarding its glaucoma drug. The Federal Circuit affirmed the decision.

Professional associations

  • American Bar Association
  • Intellectual Property Owners Association
  • American Institute of Chemical Engineers
  • Delaware State Bar Association
  • American Intellectual Property Association
  • Federal Bar Association (Executive Board Co-Chair Federal Civil Panel Section 2011-2013)
  • Federal Bar Association (Executive Board Co-Chair Intellectual Property Section 2013-2014)