Overview

Repeatedly recognized as a leading litigator, Deanna Reichel deftly handles Hatch-Waxman and other life sciences litigation. She represents clients at trial and on appeal to the Federal Circuit and U.S. Supreme Court.

Deanna handles all phases of Hatch-Waxman and other life sciences cases, from the due diligence phase through trial and appeal, when necessary. She has litigated cases involving a wide variety of pharmaceutical compounds, formulations, and treatment methods for conditions such as glaucoma, hair loss, angina, and hepatitis C virus.

Deanna has tried cases in many different venues across the U.S., including in the Eastern District of Texas, the District of Delaware, the District of New Jersey, and the Northern District of California. She also has worked on numerous Federal Circuit and U.S. Supreme Court appeals and regularly leads briefing on those appeals. Her successes include securing the U.S. Supreme Court’s unanimous reversal of a lower court ruling of patent infringement against client Mayo Collaborative Services.

Deanna also serves as the firm’s recruiting principal for the Minneapolis office. In that role, she strives to advance the firm’s diversity and inclusion programs and efforts.

Before joining the firm, she served as a law clerk for the Honorable Raymond Clevenger III of the U.S. Court of Appeals for the Federal Circuit (2002-2003).

Experience

Athena Diagnostics, Inc. v. Mayo Collaborative Services (D. Mass.): Represented Mayo in Federal Circuit and Supreme Court in patent case related to detection of autoimmune disorder in patients. After district court granted § 12(b)(6) dismissal under § 101; result upheld by Federal Circuit in high-profile appeal, and certiorari denied by Supreme Court.

Gilead Sciences v. Merck & Co, Inc. et al. (N.D. Cal.): Trial and appellate counsel for Gilead in action over Gilead’s revolutionary hepatitis C drugs, Harvoni and Sovaldi. Fish won a unanimous Federal Circuit opinion that affirmed its June 2016 post-trial wipe-out of a $200 million jury verdict. Read about this historic win here and here.

Trial and appellate counsel for plaintiff in Hatch-Waxman action over Abbreviated New Drug Applications for glaucoma drug. Patents found infringed and not invalid, and injunction entered against generic entry in 2014. Affirmed by Federal Circuit on appeal.

Prometheus Laboratories v. Mayo Collaborative Services (S.D. Cal.): Appellate counsel for defendants in patent infringement action over metabolite assays for thiopurine drugs. After Federal Circuit reversed a summary judgment of invalidity under 35 U.S.C. § 101, Supreme Court unanimously reversed, finding that claims did not recite patent-eligible subject matter and were invalid under § 101. Opinion at 566 U.S. 66 (2012).

Roche Palo Alto, et al v. Lupin, Ltd., et al (D.N.J.): Trial counsel for plaintiffs in Hatch-Waxman action over defendants’ ANDA for angina drug Ranexa. After three-week bench trial in May 2013, case settled with Lupin agreeing to forestall entry until three months before patent expiry.

Trial and appellate counsel for leading pharmaceutical company in multi-district litigation regarding defendants’ ANDAs for glaucoma drugs. Injunction entered against generic entry in October 2009 and affirmed by Federal Circuit on appeal.