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Jonathan Singer | Fish & Richardson

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Jonathan Singer | Fish & Richardson Skip to Main Content Why Fish Diversity, Equity & Inclusion Pro Bono & Social Responsibility Legal Operations Pricing Legal Project Management Knowledge Management eDiscovery Legal Technology Services Our People Services Litigation Patent Litigation Trademark, Copyright & Media Litigation Trade Secret Litigation Appellate ITC Litigation & Section 337 Standard Essential Patents Chancery & Corporate Governance Post-Grant Inter Partes Review Post-Grant Review Ex Parte Reexamination Supplemental Examination Patent Patent Prosecution Strategic Patent Counseling & Opinions Patent Portfolio Management Unitary Patent & Unified Patent Court IP Licensing, Transactions & Agreements Trademark & Copyright Counseling & Prosecution Strategic Counseling, Registration & Opinions Advertising & Marketing Domain Names & Internet TTAB Oppositions & Cancellations Digital Millennium Copyright Act Transactions & Agreements Regulatory & Government Affairs Communications & Spectrum Regulation Drug & Medical Device Regulation mHealth & Telemedicine Privacy & Data Security Industries Electrical & Computer Technology Software & Internet Hardware Semiconductors Consumer Electronics Optics Artificial Intelligence Digital Health Digital Media & E-Commerce Financial, Business & FinTech Services Telecommunications Energy & Chemicals Petrochemical Cleantech Life Sciences Biotech & Diagnostics Medical Devices Pharmaceuticals Academic Research & Medical Centers Transportation, Aerospace & Defense Manufacturing Autonomous Vehicles Insights Thought Leadership IP Law Essentials Post-Grant Annual Reports Webinars Podcasts Offices Careers News & Events Contact Us Jonathan E. Singer Title Principal Offices San Diego Phone Numbers 858 678 5634 Email [email protected] Overview Insights Home People Jonathan E. Singer People Overview Jon Singer, a renowned life sciences industry leader and decorated trial attorney, has over three decades of experience litigating for life sciences clients, including heading some of Fish & Richardson’s most complex pharmaceutical matters.  

Jon founded Fish’s acclaimed Life Sciences Industry Team in 2001, which has since grown to become one of the most respected practices in the country. Known as a meticulous tactician and a compelling oral advocate, Jon introduces impeccable planning and strategy into all his cases. 

Jon has litigated and tried some of the most significant pharmaceutical disputes of this century and has earned a reputation for presenting complex material in a down-to-earth manner to judges, juries, and arbitration panels. In several of his most-noted matters, Jon successfully reversed negative outcomes, either on appeal or otherwise. For example, in Prometheus Laboratories v. Mayo Collaborative Services, Jon and the Fish team took a pharmaceutical patent dispute all the way to the U.S. Supreme Court, twice achieving reversal of a Federal Circuit Court of Appeals decision in what is widely recognized as one of the most important patent decisions of this century. In Gilead Sciences, Inc. v. Merck & Co., Jon was trial counsel for Gilead in a case that initially resulted in a $200 million jury verdict against the client. He then led the bench trial that resulted in the district court setting aside the jury verdict due to unclean hands. And in Idenix Pharms, LLC v. Gilead Sciences, Inc., Jon argued the post-trial motions that led to a complete vacatur of a $2.5 billion jury verdict against Gilead, a vacatur that was ultimately affirmed on appeal.  

In addition to his work litigating for life sciences industry clients, Jon devotes significant time to advising and mentoring the next generation of litigators in Fish’s Life Sciences Industry Team. He frequently assists up-and-coming principals with trial preparation, strategic planning, witness preparation, and other practices to ensure they have the help and support they need to succeed in the complex and challenging practice of life sciences patent litigation. Jon also puts his experience to work as an expert witness in drug-related trials, applying his extensive knowledge of pharmaceuticals to patent and antitrust cases across the country. 

Jon’s record of success has earned him extensive recognition throughout his career. He is a three-time Law360 “Life Sciences MVP,” a Daily Journal “California Lawyer of the Year,” and a three-time National Law Journal “Litigator of the Week,” among other awards. 

In his free time, Jon enjoys writing fiction and doing crosswords, both traditional and cryptic.

Show more Show less Experience Alvotech USA Inc. et al v. Abbvie Inc et al (E.D. Va., N.D. Ind.): District court counsel for Alvotech in its multi-jurisdiction biosimilar dispute with AbbVie over arthritis drug adalimumab, sold as Humira®, the world’s top-selling drug by revenue, with more than $75 billion in sales in the past four years. In April 2021, AbbVie sued Alvotech in the Northern District of Illinois, asserting infringement of four of its patents. In May 2021, Alvotech filed a patent case in the Eastern District of Virginia to invalidate AbbVie’s patents and assert claims of patent misuse by AbbVie for its assertion of more than 60 patents in the “minefield of IP” (as described by AbbVie’s CEO) that AbbVie uses to deter competition in the market. In March 2022, these matters were resolved through a settlement under which AbbVie granted Alvotech a license to its Humira® patents and the nonexclusive right to market a Humira® biosimilar.

Exela Pharma Sciences, LLC v. Eton Pharmaceuticals, Inc.: Fish filed a high-profile Hatch-Waxman lawsuit for client Exela Pharma Sciences against Eton Pharmaceuticals over its intent to produce a generic version of Exela’s patented Elcys® drug. Elcys® is the only FDA-approved cysteine hydrochloride injection on the market for use as an additive to amino acid solutions to meet the nutritional requirements of newborn infants requiring total parenteral nutrition (TPN). The Fish team successfully stopped the institution of three PGRs at the Patent Trial and Appeals Board. Then, following a March 2022 bench trial, the court found all of Exela’s asserted patent claims infringed and valid, and ordered FDA to withhold final approval of Eton’s ANDA until expiration of Exela’s patents. 

GlaxoSmithKline, LLC v. Teva Pharmaceuticals USA, Inc.: Won two high-profile, precedential decisions at the Federal Circuit for client GlaxoSmithKline. In both wins, Fish convinced the court to reinstate the $235 million jury verdict Fish obtained for GSK against Teva Pharmaceuticals in June 2017 in the District of Delaware. for induced infringement of GSK’s heart disease drug Coreg®.

Athena Diagnostics, et al v. Mayo Collaborative Services, et al (D. Mass.): District court and appellate counsel for Mayo defendants in action over Mayo’s test for Myasthenia Gravis. Judgment on the pleadings under Section 101 granted for Mayo. Affirmed on appeal.

Coherus Biosciences, Inc. v. AbbVie Biotechnology Ltd. (PTAB): PTAB counsel for petitioner Coherus. Argued and obtained first-ever invalidity ruling on patents covering AbbVie’s blockbuster drug Humira®. Case settled on appeal.

Gilead Sciences, Inc. v. Merck & Co, Inc., et al., (N.D. Cal.): Trial counsel for Gilead against Merck in action over Gilead’s revolutionary hepatitis C drugs Harvoni® and Sovaldi®. After jury found liability against Gilead and awarded $200 million to Merck, led bench trial and hearings that resulted in district court setting aside the judgment for unclean hands. Affirmed on appeal. Read about this historic win here and here.

Idenix Corp. v. Gilead Sciences, Inc. (D. Del.): Trial counsel for Gilead in further action over Gilead’s hepatitis C drugs Harvoni® and Sovaldi® by Merck subsidiary Idenix. After jury found liability against Gilead and awarded damages in excess of $2 billion, argued judgment as a matter of law proceedings that resulted in district court setting aside the judgment for lack of enablement of the patent-in-suit. Affirmed on appeal.

Gilead Sciences, Inc. v. AbbVie Biotechnology Ltd. (D. Del.): District court counsel for Gilead in action over Gilead’s hepatitis C drugs Harvoni® and Sovaldi®. After favorable Markman ruling, case settled with business arrangement.

Aptalis Pharmatech, Inc., et al v. Apotex, Inc. et al. (D. Del.): Trial counsel for plaintiffs in action over skeletal muscle relaxant drug AMRIX. Injunction secured against generic entry. After remand from Federal Circuit on infringement issues, case settled with business arrangement.

Cephalon, Inc., et al v. Mylan Labs, et al. (D. Del.): Trial counsel for plaintiffs in Hatch-Waxman action over ANDA for breakthrough pain drug FENTORA®. Injunction entered against generic entry in July 2013. Case resolved on appeal with business arrangement.

Roche Palo Alto, et al v. Lupin, Ltd., et al. (D.N.J.): Trial counsel for plaintiffs in Hatch-Waxman action over abbreviated new drug application 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.

Prometheus Laboratories v. Mayo Collaborative Services, et al. (S.D. Cal.): District court and appellate counsel for defendants in patent infringement action over metabolite assays for thiopurine drugs. Argued and secured summary judgment of invalidity under 35 U.S.C. § 101. After reversal at Federal Circuit Court of Appeals, Supreme Court of the United States reversed appellate court at __ U.S. __, 132 S.Ct. 1289 (2012). Widely recognized as most important patent case of 2012.

Mayo Clinic, et al v. Peter Elkin (D. Minn.): Trial counsel for Mayo Clinic in trade secret case regarding natural language processing software. Jury verdict in favor of Mayo on willful trade secret misappropriation, intentional interference with contractual relations and other claims. Verdict affirmed at 2013 WL 4516191 (8th Cir. 2013).

Eurand, Inc. v. Impax Labs (In re Cyclobenzaprine) (D. Del.): District court and appellate counsel for plaintiffs in action for enforcement of settlement of Hatch-Waxman litigation. Secured judgment in favor of plaintiffs restraining defendant from launching product in February 2012. Affirmed at 504 Fed. Appx. 900 (Fed. Circ. 2013).

In re Cyclobenzaprine Hydrochloride Extended Release Litigation (D. Del.): Trial and appellate counsel for plaintiffs in Hatch-Waxman actions over ANDAs for skeletal muscle relaxant Amrix®. After verdict of obviousness, secured temporary restraining order against “launch at risk” by defendant Mylan. Secured reversal at Federal Circuit Court of Appeals at 676 F.3d 1063 (Fed. Cir. 2012).

Cephalon, Inc., et al v. Watson Pharmaceuticals, Inc., et al. (D. Del.): Trial counsel for plaintiffs in Hatch-Waxman action over ANDAs for breakthrough pain drug Fentora®. Injunction entered against generic entry at 769 F.Supp.2d 761 (D. Del.) in April 2011. Affirmed on appeal.

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Best Lawyers in America

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IAM Patent 1000

IAM 2013, 2016-2025

Life Sciences Star

LMG Life Sciences 2012-2013, 2017-2025

IP Star

Managing IP 2013-2025

Top Intellectual Property Lawyers in California

Daily Journal 2017-2018, 2020-2021, 2023

Finalist for General Patent Litigator of the Year - California

LMG Life Sciences 2021

Super Lawyer

Super Lawyers 2006, 2010-2014, 2018-2021

San Diego Lawyer of the Year for Patent Litigation

Best Lawyers 2020

Top 100 Lawyers in California

Daily Journal 2019

Life Sciences MVP

Law360 2013, 2015, 2018

Litigator of the Week

American Lawyer (AmLaw) 2011-2012, 2016, 2018

Winning Litigator

National Law Journal (NLJ) 2018

General Patent Litigator of the Year - California

LMG Life Sciences 2018

California Lawyer of the Year

Daily Journal 2018

Game Changer

Recorder, The 2017

Significant Victories

National Law Journal (NLJ) 2016

Trailblazer

National Law Journal (NLJ) 2015

Leading Lawyer in America

Law Dragon 2013

Appellate MVP

Law360 2012

Attorney of the Year

Minnesota Lawyer 2007, 2009, 2012

Best in Bar

Minneapolis St. Paul Business Journal 2012

IAM Life Sciences 250

IAM 2010

Client Service All-Star

BTI Consulting Group Inc. 2006

Services Services Litigation Patent Litigation Industries Industries Life Sciences Admissions Admissions California (1997) Supreme Court of the United States U.S. Court of Appeals for the Federal Circuit Education Education J.D. with honors

, University of Chicago Law School (1992) A.B., Chemistry, Dartmouth College (1986) Daniel Webster Scholar

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