Overview

MPAY Inc. v.  Erie Custom Computer Applications, Inc., PayDay USA, Inc. Payroll World, Inc., Proliant, Inc., Proliant Technologies, Inc., & Kevin Clayton, No. 19-cv-00704 (D. Minn.) - Fish secured a complete summary judgment victory on behalf of payroll and workforce solutions provider Proliant, Inc. in a complex copyright infringement and trade secrets misappropriation dispute with MPAY. MPAY sued Proliant in 2019, seeking nearly $270 million in damages for claims relating to payroll processing software. After oral arguments, the court issued an order fully granting Proliant’s summary judgement motion and dismissing the Proliant defendants from the case. In December 2022, a District of Minnesota judge awarded attorneys’ fees to Proliant.

Exela Pharma Sciences, LLC v. Sandoz, Inc. (D. Del., D. Colo.): Lead counsel for Exela Pharma Sciences in a Hatch-Waxman suit against Sandoz, Inc., related to Exela’s L-cysteine hydrochloride injection product ELCYS®, a component of parenteral nutrition solutions administered intravenously to preterm and underweight infants. ELCYS® is the first stable low-aluminum L-cysteine product of its kind, and the first to receive FDA approval since FDA passed stringent aluminum guidelines for parenteral drug products in 2004. The case was successfully resolved for Exela in August 2020.

Sumitomo Dainippon Pharma Co., Ltd., et al. v. Piramal Healthcare UK, Ltd.(D.N.J.): Fish represented Sumitomo in this case, which is a follow-up to two prior Sumitomo matters that Fish settled favorably on the morning of trial. After receiving notice that yet another competitor intended to launch a generic version of the client’s blockbuster drug Latuda®, Fish filed a patent infringement suit in September 2018 settled the matter favorably in November 2019.

The John Hopkins University v. Alcon Laboratories and Alcon Research, Ltd., (District of Delaware, 1:15-cv-00525) Fish represented The Johns Hopkins University against Alcon Laboratories, a subsidiary of Novartis, throughout a hard-fought four-year-long litigation presided over by four district court judges. The lawsuit alleged that Alcon infringed the University’s patented surgical method for vitreoretinal surgery on the eye. The case settled very favorably for JHU mere hours before trial was scheduled to begin.

Idenix Pharmaceuticals LLC et al. v. Gilead Sciences Inc. (D. Del.): In what has been hailed as one of the biggest litigation comebacks of all time, Fish won a motion for JMOL that invalidated the asserted patent on § 112 grounds and reversed a $2.5 billion jury verdict – at that time, the largest patent damages award in history – against client Gilead Sciences. The matter was part of a global dispute between Gilead and Merck & Co. Idenix over Gilead’s blockbuster cures for hepatitis C, Sovaldi®, Harvoni®, and Epclusa®.

Medigus Ltd. v. EndoChoice, Inc.(D. Del.) – Fish defended EndoChoice against Medigus’ assertion of a patent related to endoscopes. The case resulted in a settlement favorable to the client on the eve of the claim construction hearing.

EndoChoice, Inc. v. Medigus Ltd. and Medigus USA LLC(D. Del.) – Fish represented EndoChoice in enforcement of trademark rights related to endoscopy products. The case resulted in a settlement favorable to the client.

In re Fresenius GranuFlo/NaturaLyte Dialysate Products Liability Litigation (MDL and various state court actions). Fish defended Fresenius in products liability mass tort litigation relating to the use of acid concentrate products during dialysis, which the plaintiffs alleged resulted in sudden cardiac arrest. Fish obtained a defense verdict of no causation at the first bellwether trial (Ogburn-Sisneros v. Fresenius Medical Care Holdings, Inc. (Mass. Sup. Ct.), which resulted in a favorable global settlement of the remaining thousands of cases.

Baxter International, Inc. v. Fresenius Medical Care (N.D. Ill.) – Fish defended Fresenius against Baxter’s assertion of patents related to peritoneal dialysis systems. The case resulted in a settlement favorable to the client.

Case Name Confidential (E.D. Tex.): Fish successfully settled litigation for a branded pharmaceutical company with three generic sellers regarding its anti-inflammatory ophthalmic solution.

St. Jude Medical v. Volcano Corp. (D. Del.) – Fish defended Volcano in patent litigation related to pressure sensing guide wires used to diagnose heart problems. At trial, the jury found two of St. Jude’s asserted patents invalid, and the other two asserted patents not infringed, resulting in an across-the-board win for Fish’s client.

BorgWarner, Inc. v. Honeywell Int’l, Inc. (W.D.N.C.) – Fish represented BorgWarner in the assertion of patents relating to the design and manufacture of turbocharger components. The case resulted in a settlement for $32.5 million to Fish’s client. 

Baxter Healthcare Corp. v. Fresenius Medical Care (N.D. Cal.) – Fish defended Fresenius against Baxter’s assertion of patents related to peritoneal dialysis systems. At trial, the jury found Fresenius did not infringe Baxter’s patents.

Corbett Life Sciences v. Applied Biosystems, Inc. (N.D. Cal.) – Represented Applied Biosystems in the assertion of a real-time PCR instrument patent. The case resulted in a settlement favorable to the client.

Fluidigm Corporation v. Applied Biosystems, Inc. (S.D. N.Y.) – Represented Applied Biosystems in the assertion of a real-time PCR instrument patent. The case resulted in a settlement favorable to the client.