Susan Morrison is the Managing Principal of Fish & Richardson’s Delaware office. She is a patent trial lawyer and litigator with more than fifteen years of experience, and has tried cases in venues around the United States, 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, an 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.
“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.