Susan Morrison is the managing principal of the Delaware office of Fish & Richardson P.C. She is a patent trial lawyer and litigator with more than fifteen years of experience, and has tried cases in venues around the U.S., including the District of Delaware, the Eastern District of Texas, and the International Trade Commission. Susan has extensive experience in Hatch-Waxman and life sciences litigation, representing branded pharmaceutical and agricultural chemistry clients on technologies ranging from topical ophthalmic medications for treating glaucoma to a blockbuster treatment for Hepatitis C to pesticides and herbicides for controlling unwanted vegetation. She also has significant experience in medical device litigation, representing companies regarding technologies ranging from stents to control abdominal aortic aneurysms to CPAP devices.
Subsequent to the enactment of the America Invents Act, Susan has broadened her practice to include post-grant proceedings, including inter partes review (IPR) and post-grant review (PGR). She has successfully worked to obtain decisions denying institution on patents for her pharmaceutical clients, both in competitor vs. competitor cases and in challenges brought by hedge funds.
In addition to her practice, Susan is actively involved in her community. She sits on the board of directors for Westside Family Healthcare, a nonprofit community health center that provides healthcare to more than 25,000 patients in Northern Delaware and the surrounding area. She is also actively involved in the Federal Bar Association for the District of Delaware, and previously served as a co-coordinator for the federal trial practice seminar, a one of its kind trial practice program sponsored by the district court and the FBA, which provides trial practice training to lawyers with less than ten years of experience.
Prior to joining the firm, Susan served as a law clerk for the Honorable Kent A. Jordan for two years, first on the U.S. District Court for the District of Delaware and then at the U.S. Court of Appeals for the Third Circuit. Prior to becoming a lawyer, she worked in an immunology and microbiology lab, designing experiments and performing original scientific research in the area of T cell immunology.
Ms. Morrison is a contributing author to Fish’s IP Law Essentials.
“‘Moving Beyond Words’ to Action: Women in IP Share Real-World Tips to Close the Gender Gap,” IPWatchdog (March 22, 2021).
“I’m Ready to Sue for Patent Infringement—But First, Do I Have the Right Plaintiffs?,” co-authored with Jeremy Saks, Fish IP Law Essentials Blog (May 26, 2020).
“Who Do I Sue and When Do I Pierce the Corporate Veil? When Corporate Officers Can Also Be Personally Liable for Patent Infringement,” co-authored with Jeremy Saks, Fish IP Law Essentials Blog (April 22, 2020).
“Personal jurisdiction in ANDA cases after Daimler – Has the analysis changed?” Fish Litigation Blog (June 23, 2014).
“Patent Lawyer and Scientist Inspiring Women in STEM” Profiles in Diversity Journal (2017).
“Remote Advocacy in the Age of Social Distancing,” Panelist, Webinar (April 1, 2020)
“Hot Topics in Pharmaceutical and Biotech Litigation,” Moderator, ChIP’s Global Summit (October 18, 2017 – Washington D.C.)
“After TC Heartland: Venue Considerations for Practitioners,” Panelist, Midwest IP Institute (September 29, 2017 – Minneapolis)
Wasica Finance GmbH et al. v. Schrader International, Inc. (D. Del.) – representing Plaintiffs Wasica and BlueArc in patent litigation with Schrader over tire pressure monitoring systems. Served as co-lead counsel at trial that led to a $31 million jury verdict in favor of Wasica and BlueArc.
Sun Pharma Global FZA et al. v. Lupin Limited et al. (D.N.J.) – representing Plaintiff Sun in Hatch-Waxman litigation over Sun’s ophthalmic pain medication, BROMSITE™.
Sun Pharmaceutical Industries, Inc. et al. v. Perrigo Company, et al., (D. Del.) – represented Plaintiff Sun in Hatch-Waxman litigation over Sun’s topical treatment for psoriasis, ULTRAVATE® lotion. Obtained favorable settlement during expert discovery.
Galephar Pharmaceutical Research, Inc. et al. v. Upsher-Smith Laboratories, LLC, (D.N.J.) – representing Plaintiffs Galephar, Cipher, and Sun regarding Plaintiff’s treatment for severe recalcitrant nodular acne, ABSORICA®. Served as lead counsel during an arbitration hearing that led to a favorable settlement.
Represented Plaintiff, a leading pharmaceutical company, in Hatch-Waxman litigation (D.N.J.) against a generic manufacturer regarding Plaintiff’s glaucoma drug. Obtained favorable Markman ruling and preliminary injunction preventing launch, which were affirmed on appeal.
Represented Plaintiff, a leading pharmaceutical company, in Hatch-Waxman litigation (E.D. Tex.) against five generic drug manufacturers regarding Plaintiff’s glaucoma drug. Won judgment of infringement and validity on all four patents-in-suit after bench trial, which was affirmed on appeal. After additional challenges by one defendant, won second judgment of infringement and no invalidity in second bench trial held in October 2016.
Gilead Sciences, Inc. v. AbbVie Inc. (D. Del.) – represented Gilead Sciences against AbbVie in infringement suit brought by AbbVie over Gilead’s blockbuster Hepatitis C drug HARVONI®. Negotiated resolution out of court less than a month before trial, and all contested proceedings among the Parties have been resolved and dismissed.
In re Certain Sleep-Disordered Breathing Treatment Systems – represented ResMed against BMC and 3B related to ResMed’s patents covering CPAP therapy. Secured victory of infringement and no invalidity after hearing at the International Trade Commission. Case was resolved prior to appellate decision.
Represented Plaintiff, a leading pharmaceutical company, in Hatch-Waxman litigation (E.D. Tex.) against four separate generic drug manufacturers regarding their ANDAs seeking to market generic versions of Plaintiff’s glaucoma drug. Won judgment of infringement and no invalidity on all five patents-in-suit, which was affirmed by the Federal Circuit.
CyberFone Systems, LLC v. Amazon.com, Inc., et al. (D. Del.) – represented multiple defendants in litigation on patents related to communications by handheld devices. Secured early summary judgment of patent invalidity under 35 U.S.C. 101.
W.L. Gore & Assoc., Inc. v. Medtronic, Inc., et al. (E.D. Va.) — represented plaintiff W.L. Gore in case relating to intraluminal stent grafts for treating abdominal aortic aneurysms.
In re Cyclobenzaprine (D. Del.) – represented Plaintiffs in Hatch-Waxman litigation on patents related to the skeletal muscle relaxant AMRIX®. Won judgment of infringement and validity against first-filer Mylan at the Federal Circuit on two patents.
Counsel for a leading pharmaceutical company in multi-district litigation (D. Del.) regarding multiple ANDAs for its glaucoma drugs. Verdict of infringement, validity and enforceability on all five patents-in-suit.
Named a “Lawyer of the Year” by The Best Lawyers in America for Patent Law (2021).
Named in Law360, “Law360′s Weekly Verdict: Legal Lions & Lambs” (February 20, 2020).
Named to Best Lawyers Litigation – Intellectual Property and Litigation – Patent (2018-2021).
Named to IAM Patent 1000: The World’s Leading Patent Professionals list (2016-2020).
Selected to join the 40 Under 40 Class of 2019 by Delaware Business Times
Selected to join the 40 Under 40 Class of 2017 by the Philadelphia Business Journal
Selected as one of the 2017 “Women Worth Watching in STEM” by Profiles in Diversity Journal
Recognized by Super Lawyers as a Rising Star (2013, 2014, and 2015).
J.D. summa cum laude, Temple University Beasley School of Law (2005) Staff Member, Temple Law Review
B.S. with high honors, Cell Biology, Haverford College (2001)
- U.S. Patent and Trademark Office 2005
- U.S. Court of Appeals for the Third Circuit
- U.S. District Court for the District of Delaware
U.S. District Court for the District of Delaware, The Honorable Kent A. Jordan, 2005 - 2006
U.S. Court of Appeals for the Third Circuit, The Honorable Kent A. Jordan, 2007
August 12, 2020
Fish & Richardson Receives Top “Gold” Ranking from IAM Patent 1000 for National Litigation Practice; National Rankings in the Plaintiff Firm and Prosecution Firm Categories
May 26, 2020
I’m Ready to Sue for Patent Infringement—But First, Do I Have the Right Plaintiffs?
Authors: Jeremy T. Saks, Susan Morrison
April 22, 2020
Whom Do I Sue and When Do I Pierce the Corporate Veil? When Corporate Officers Can Also Be Personally Liable for Patent Infringement
Authors: Jeremy T. Saks, Susan Morrison
March 31, 2020
Fish Attorneys Author Law360 Article, "Client Advocacy Tips For Remote Hearings During COVID-19"
April 1st, 2020 | 1:30 pm EDT
Webinar | Remote Advocacy in the Age of Social Distancing
February 18, 2020
Fish & Richardson Wins Over $31 Million for Wasica and BlueArc in Long-Running Patent Dispute
September 6, 2019
Fish & Richardson Principal Susan Morrison Named 2019 “40 Under 40” Honoree by Delaware Business Times
June 20, 2019
Fish & Richardson Receives Top “Gold” Ranking from IAM Patent 1000 for National Patent Litigation Practice
June 14, 2018
Fish Receives Top “Gold” Ranking from IAM Patent 1000 for National Patent Litigation Practice
October 23, 2017
Susan Morrison Quoted in Law360 Article, “Delaware Keeps Pace With Crush Of Patent Suits, For Now”
August 10, 2017
Susan Morrison Named 2017 “Woman Worth Watching in STEM” by Profiles in Diversity Journal
September 28th, 2017 | 9:00 am CDT
2017 Midwest IP Institute: Important New Developments and Practical IP Education