Stan Fisher is a first-chair trial lawyer and counselor who focuses his practice primarily on issues that affect technology companies in the biopharmaceutical, chemical, diagnostic, mechanical, and electronic sectors. Stan has tried numerous cases, before judges and juries in federal and state courts, before arbitration panels, and in the PTAB, on behalf of many of the world’s largest biopharma, medical device and high technology companies in litigation involving patent, FDA, and antitrust disputes and issues, as well as matters involving contracts, licensing, and business torts.
Stan has been consistently ranked as an “IP Star” by Managing Intellectual Property; and the 2021 LMG Life Sciences Guide recognized him as a “Leading Life Science Star.” In 2022, LMG Life Sciences identified Stan among the finalists for the “General Patent Litigator of the Year (DC Metro)” award. IAM Patent 1000 has highlighted Stan as a “Leading Patent Litigation Attorney” in its guide since 2020. The 2020 publication noted Stan has “broad horizons as a trial lawyer and litigates with confidence and poise in diverse technical fields, across all areas of intellectual property and in regulatory, antitrust and contract disputes” and the 2022 edition emphasizes Stan’s standing as a “leading trial lawyer.” Both in September 2022 and May 2021, The American Lawyer recognized Stan as a “Litigator of the Week Runner Up” for successfully representing Merck in a major trial victory and IPR proceedings, respectively, concerning patents covering the blockbuster sitagliptin products: Januvia, Janumet, and Janumet XR.
In addition to Stan’s patent practice, he serves as Co-Chair of the firm’s Food and Drug Administration practice group. In this space, he focuses specifically on the intersection of FDA law, patent law, and antitrust law, advises on issues with the Orange Book, regulatory exclusivities, and other issues that are adjunct to pharmaceutical and biotech patent litigation. Stan’s experience litigating matters involving the FDA has been highlighted by IAM Patent 1000 with the publication describing Stan as a “top” FDA lawyer. The 2021 edition highlighted Stan's "vast biopharmaceutical experience” and explained that he “makes full use of his finely honed advocacy skills and intuitive understanding of Food and Drug Administration regulatory requirements and antitrust law." He also has an active practice litigating trade secrets, trademarks, and copyrights.
Stan serves as Professorial Lecturer in Law at The George Washington University Law School, where he teaches Chemical & Biotech Patent Law, a course Stan recently re-designed to focus on patent, regulatory, and antitrust issues arising in Hatch-Waxman, BPCIA, and other pharmaceutical and biotechnology patent matters.
Stan received his B.S. in Molecular Biophysics & Biochemistry from Yale College in 1997 and his J.D. from The George Washington University Law School in 2004, where he graduated with Highest Honors and served as Editor-in-Chief of The George Washington Law Review. He joined Williams & Connolly in March 2006 after clerking for Judge Richard Linn at the U.S. Court of Appeals for the Federal Circuit. Stan is a current member of the firm's Budget Committee and former member of the Hiring Committee. Stan is a Past President of the Giles S. Rich American Inn of Court, the Intellectual Property Inn of Court in Washington, D.C. generally affiliated with the U.S. Court of Appeals for the Federal Circuit.
Though all cases vary and none is predictive, Stan’s experience includes:
- Counsel for Merck in Hatch-Waxman patent litigation involving Januvia® (sitagliptin), in both the district court and in co-pending IPR proceedings. After trials in the PTAB and then district court in which Stan took the lead role, the PTAB upheld all claims of the patent-at-issue, and the district court found all challenged claims infringed and not invalid.
- Counsel for defendant Jazz Pharmaceuticals in litigation alleging certain conduct was anticompetitive.
- Counsel for Pfizer in ANDA litigation related to Pfizer’s drug Inlyta® (axitinib),
- Counsel for AstraZeneca in Hatch-Waxman patent litigation involving Calquence® (acalabrutinib).
- Counsel for VYNE in Hatch-Waxman patent litigation involving Amzeeq® (minocycline) Foam.
- Counsel for defendant Pfizer in patent infringement litigation brought by Allele Biotechnology concerning Pfizer’s COVID-19 vaccine.
- Counsel for Leo and Foamix in Hatch-Waxman patent litigation involving Finacea® Foam.
- Counsel for global pharmaceutical client in antitrust case defending allegations that the company engaged in anticompetitive conduct to delay generic competition of pharmaceutical product.
- Counsel for defendant AstraZeneca in brand v. brand patent litigation involving Calquence® (acalabrutinib).
- Trial counsel for global diagnostics company, Biomérieux, in patent litigation involving diagnostic kits for the detection of HIV virus in blood products in the both the PTAB and federal district court.
- Counsel for a global pharmaceutical company in two antitrust cases defending allegations that the company delayed development of generic versions of two drugs.
- Counsel for a global pharmaceutical company in negotiation of license agreement relating to FDA-approved pharmaceutical product.
- Trial counsel to a major technology company in an international patent licensing arbitration before a three-member panel involving the price the company was required to pay to extend a patent license agreement covering products with billions of dollars in revenue.
- Trial counsel for AstraZeneca in the first “pay-for-delay” antitrust case tried following the Supreme Court’s decision FTC v. Actavis. The case was at the intersection of antitrust, patent, and FDA law. The jury returned a defense verdict. The U.S. Court of Appeals for the First Circuit affirmed the jury’s verdict in favor of AstraZeneca, finding that the plaintiffs had not shown that they had suffered an antitrust injury that entitled them to damages.
- Trial counsel to Pfizer, Inc. in a number of Hatch-Waxman patent cases against different generic manufacturers. These include related cases involving the drug, Tygacil®, a broad spectrum antibiotic with $150 million in annual U.S. sales. Pfizer subsidiary Wyeth prevailed on all claims against Apotex in one of the first inter partes review pharmaceutical patent cases decided by the PTAB and the Court of Appeals for the Federal Circuit.
- Counsel for Endo Pharmaceuticals in antitrust litigation in the Northern District of California. The case concerned allegations that a patent settlement between Endo and Watson Pharmaceuticals concerning Endo’s pain patch, Lidoderm, violated the antitrust laws.
- Trial counsel in additional Hatch-Waxman work for Pfizer including defending against Mylan’s challenge to the patents on Pfizer’s cancer drug, Sutent® which sells over $1 Billion per year. The District Court ruled in Pfizer’s favor. The Court of Appeals for the Federal Circuit affirmed the decision on appeal.
- Counsel for Bayer in an Administrative Procedure Act challenge to FDA’s approval of generic versions of Bayer’s veterinary antibiotic drug Baytril®.
- Counsel to Alice Corporation in the landmark CLS Bank International v. Alice Corporation matter before the district court and Federal Circuit.
- Counsel to technology company in a patent infringement case concerning smartphones with cameras.
- Counsel to media company in a copyright infringement and breach of contract case against a direct-broadcast satellite service provider and its affiliated entities.
- Counsel in various licensing disputes.
- Counsel to a venture-backed medical device company in confidential arbitration over a dispute involving the interpretation of a Warrant Agreement.
Finalist, “General Patent Litigator of the Year (DC Metro),” LMG Life Sciences, 2022
"IP Star," Managing Intellectual Property, 2021-2022
“Leading Patent Litigation Attorney,” IAM Patent 1000, 2020-2022
“Life Science Star,” LMG Life Sciences, 2021
Selected to Super Lawyers, 2016-2017
Selected to Washington, D.C. “Rising Stars” list, Super Lawyers, 2014