Martina Tyreus Hufnal is a Principal in the Delaware office of Fish & Richardson. Her practice focuses on intellectual property litigation and covers a wide range of technologies. Ms. Hufnal has extensive experience in the pharmaceutical field, including Hatch Waxman litigation. Ms. Hufnal has also tried chemical and software cases. Ms. Hufnal’s experience covers all aspects of pre-litigation diligence and litigation, including case assessment, electronic document collection and production, managing teams handling fact and expert discovery, settlement strategy, and trial work. She offers a diverse perspective to clients on litigation impact on business as well as implications of post grant proceedings. Clients describe her as “outstanding lead counsel” who is “known for her prowess in post-grant proceedings and great in Hatch-Waxman actions.” Ms. Hufnal is also head of Fish’s Next Gen initiative, in which the firm strives to give a voice to junior lawyers, and ensure proper training for Fish’s associates. In addition to district court litigation, Ms. Hufnal works on post-grant proceedings, including inter partes review. Ms. Hufnal speaks on panels and at conferences on preparing for, and managing, litigation. While Ms. Hufnal focuses her practice in the United States District Courts and has appeared in United States District Courts across the country, she has also practiced before the Federal Circuit Court of Appeals and the Patent and Trademark Office. Prior to joining the firm, Ms. Hufnal clerked for the Honorable Judge Sue L. Robinson in the United States District Court of Delaware for a year and practiced intellectual property litigation in Delaware for four years.
Washington University School of Law 2005 J.D. Executive Notes Editor, Washington University Law Quarterly Dean's List; Scholar in Law; Honor Scholar Award
University of Delaware 2002 Chemical Engineering, B.S.C.E. Alumni Award for Excellence
U.S. Patent and Trademark Office 2006
U.S. Court of Appeals for the Federal Circuit
U.S. District Court for the District of Delaware
United States District Court for the District of Delaware, The Honorable Sue L. Robinson, 2005 - 2006
Memberships & Affiliations
Member: 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)
Named a “Life Science Star” by LMG Life Sciences (2017-2019)
Named one of the “Women Worth Watching” by Profiles in Diversity Journal (2018)
Named to Best Lawyers Litigation – Intellectual Property (2018-2020)
“IP Star” by Managing Intellectual Property (2018, 2019)
Recognized by IAM Patent 1000 as one of the World’s Leading Patent Professionals (2017-2018)
Recognized as “40 Under 40” by the Delaware Business Times (2017)
Recognized by Super Lawyers as a Rising Star (2014)
AV Preeminent® Peer Review Rated (2014)
Pharma & Biotech Patents: A Hatch-Waxman and BPCIA Immersion Court – Litigation (PRG Course 2016, 2017)
2016 Fish Life Sciences IP Summit: Panel Session: Strategic Patent Prosecution (November 2016)
“Trade Secret Protection and the Defend Trade Secrets Act: What’s New, What’s Different?” Fish Litigation Webinar (March 30, 2016)
2015 C5 Conference: Stream A – Biotech Patenting and Biotech Litigation (October 2015 )
2015 Women in Litigation Conference: Litigation and arbitration in different jurisdictions (September 2015)
2015 C5 Conference: IPR – A New Tool in U.S. Litigation (March 2015)
2015 Fish on Tap: IPRs – Coming to a Patent Near You
2014 C5 Conference: BioPharma Patents at the PTAB and the Implications on U.S. Litigation
Co-Editor: F. Scott Kieff, Perspectives on Properties of the Human Genome Project, published by Academic Press, December 2003.
Co-Author: Jack Hicks & M. Tyreus, “Patent Reform 2007: Important Changes are Coming for U.S. Patent Law,” Furniture Executive, American Home Furnishings Alliance (November 2, 2007).
“Addressing Second Medical Use Infringement,” Life Sciences Patent Network (April 2018)
“Update on Venue Decisions Post-TC Heartland,” Co-speaker, Fish Litigation Webinar (March 2018)
“Pharma and Biotech Cases, Costs and Procedures in Arbitration and Mediation,” Panelist, C5’s 10th Pharma & Biotech Patent Litigation Conference (February 2018)
“Trade Secret Protection and the Defend Trade Secrets Act: What’s New, What’s Different?” Co-Speaker, Fish Litigation Webinar (March 30, 2017)
Parallel Networks Licensing LLC v. Microsoft Corp. (D. Del. May 11, 2017) – Ms. Hufnal 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, Ms. Hufnal 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 – Ms. Hufnal 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, Ms. Hufnal 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 Ms. Hufnal 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. Ms. Hufnal, 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) – Ms. Hufnal 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. Ms. Hufnal co-led and won both the district court and appellate victory for Invista.
Allergan Inc. v. Sandoz Inc., et al. (Eastern District of Texas, 6:11cv441, 6:11cv611, 6:12cv43, 6:12cv197, filed 8/26/2011, closed 1/13/2014) Hufnal has worked on a series of Hatch-Waxman cases against Sandoz regarding Allergan’s glaucoma drug, Combigan. Ms. Hufnal was part of the team that successfully won an injunction against Sandoz in in August 2011, which was affirmed on appeal in 2013.
Allergan Inc. v. Barr Laboratories Inc., et al. (District of Delaware, 1:09cv333, 1:10cv24, filed 5/7/2009, closed 9/8/2011) Ms. Hufnal was part of the trial court team that, in February 2011, prevailed on behalf of Allergan in a Hatch-Waxman bench trial regarding the glaucoma drug LUMIGAN. The Federal Circuit affirmed the decision.