Overview

Patent litigator Madelyn McCormick represents leading pharmaceutical, biomedical, medical device, and life sciences companies, as well as new and emerging entities. An integral member of Fish & Richardson’s life sciences litigation practice, she asserts and defends patent and trade secret claims and technology-related disputes in both federal courts and arbitration forums.

Madelyn focuses her practice on representing clients in pharmaceutical and biosimilar pre-suit exchanges and litigation, in addition to resolving biomedical patent and technology dispute cases. She excels in case evaluation, witness preparation, and formulating a strategy to drive her clients’ success. Madelyn also has significant experience working on JAMS matters.

Clients and team members appreciate Madelyn’s big-picture perspective. When analyzing a case, she looks beyond the immediate problem, uncovers risks, and offers solutions. Madelyn works within case teams to anticipate generic challenges to clients’ name brand products and plan litigation strategies to maximize the value of her clients’ patents. 

Before entering the legal profession, Madelyn earned a degree in biomedical engineering and worked as a lab assistant, technical consultant, and researcher in industry and academia. Madelyn thrives on analytical, critical thinking; she applies her background in the life sciences to cultivate a deep understanding of her clients’ innovations and readily translate complex concepts into clear and compelling arguments for the court.  

Outside of her work for clients, Madelyn enjoys making a difference by serving as a mentor to newer lawyers and representing underserved members of society in a local constitutional law case. 

Madelyn joined Fish & Richardson as a summer associate while attending Suffolk University Law School, where she served as law review articles editor and graduated summa cum laude. She is a former judicial intern to the Honorable Marianne B. Bowler, Magistrate Judge of the U.S. District Court for the District of Massachusetts. Before attending law school, Madelyn earned a B.S. in biomedical engineering at the University of California, Irvine. 

When not at work, Madelyn enjoys hiking and traveling with her family. She is also an avid reader. 

Experience

Gilead Sciences Inc. v. Apotex, et al., Case 1:20-cv-00189-MN (D. Del.): Represented Gilead in pending Hatch-Waxman litigation against multiple generic companies concerning abbreviated new drug applications for Gilead’s HIV treatments ODEFSEY®, DESCOVY®, and VEMLIDY®. Gilead won on all claim construction terms at Markman, and the case settled favorably the morning of trial. 

AbbVie Inc. et al. v. Alvotech HF., Case 1:21-cv-02258 and Case 1:21-cv-01530 (N.D. Ill.): Representing Alvotech in biosimilar patent litigation and trade secret disputes concerning Alvotech’s biologic license application for biosimilar to Humira®. In March 2022, the parties reached global resolution through a settlement under which Abbvie will grant Alvotech a license to its Humira patents and the nonexclusive right to market a Humira biosimilar starting on July 1, 2023. 

Sumitomo Dianippon Pharma Co., Ltd. and Sunovion Pharmaceuticals Inc. v. Emcure Pharmaceuticals Ltd. et al., Case 2:18-cv-02065-SRC-CLW (D.N.J.): Representing plaintiff in Hatch-Waxman litigation against multiple generic companies concerning abbreviated new drug applications for Sunovion’s antipsychotic medication Latuda®; settled before trial. 

Professional associations

  • ChIPs

    • Pro bono activities

  • Bloom et al. v. City of San Diego, Case 3:17-cv-02324-AJB-DEB (S.D. Cal.) 

  • Helping represent underserved members of society in a local constitutional law case.