Tom Fletcher’s practice focuses on patent litigation and licensing disputes, primarily in the biotechnology and pharmaceutical fields.  Tom has represented clients in Hatch-Waxman trials, in appellate proceedings in the Court of Appeals for the Federal Circuit, and in inter partes review proceedings before the PTO.  Tom has also represented clients in proceedings under the BPCIA. In 2018, Tom was recognized by LMG Life Sciences with the U.S. Rising Star – Intellectual Property award, and he has been recognized as a "Life Science Star" by LMG Life Sciences since 2022.

Representative Experience

  • Represented Bayer Healthcare in a Hatch-Waxman trial against Watson in the United States District Court for the District of Delaware, relating to Watson’s effort to market a generic version of Bayer Healthcare’s erectile dysfunction drug vardenafil.  The Court ruled from the bench in Bayer Healthcare’s favor, upholding the validity of Bayer Healthcare’s patents directed to vardenafil.
  • Represented MedImmune in its declaratory judgment action challenging the “Queen patents” assigned to PDL BioPharma, among the most widely licensed patent portfolios in the biotechnology industry.  The court ruled on summary judgment that the asserted Queen patent was invalid as anticipated. 
  • Representing a biotechnology company in connection with district court litigation brought pursuant to the BPCIA concerning a biosimilar immunoadhesin drug.

Education

Clerkships

Recognitions

"Leading Global IP Lawyer," Lawdragon, 2025

Future Star,” Benchmark Litigation, 2024-2025

“Life Science Star,” LMG Life Sciences, 2022-2024

“40 & Under Hot List”, Benchmark Litigation, 2019-2022

"U.S. Rising Star – Intellectual Property," LMG Life Sciences, 2018

Admissions

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