Stan Fisher is a trial lawyer who focuses his practice primarily on intellectual property, FDA, and general commercial disputes. Stan has tried cases for Pfizer, Merck, Samsung, AstraZeneca, Bayer, Alcon, and Vornado Realty Trust.
A substantial portion of Stan’s practice involves patent and licensing disputes. In addition to serving as trial and appeal counsel in federal and state courts and before arbitral tribunals, Stan frequently advises clients on patent office proceedings of strategic importance to their patents or products. Stan has also litigated a variety of disputes involving food and drug law, contracts and business torts, so-called “soft” intellectual property (trade secrets, trademarks, and copyrights), and antitrust law.
Stan is 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. He was named a "Super Lawyer" in 2016-2017 and a Washington, D.C. “Rising Star” for intellectual property in 2014 by Super Lawyers, a rating service affiliated with Reuters.
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. He is a current member of the firm's Hiring and Budget Committees.
Though all cases vary and none is predictive, Stan’s experience includes:
- 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. The district court case against Fresenius was tried in November 2015 resulting in a settlement. In August 2016, 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.
- Trial counsel to Samsung in 2015 in a major international patent licensing arbitration before a three-member panel involving the price Samsung 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. In 2016, the U.S. Court of Appeals for the First Circuit affirmed the jury’s verdict in favor of AstraZeneca, with the jury found that the plaintiffs had not shown that they had suffered an antitrust injury that entitled them to damages.
- Counsel for global pharmaceutical company in antitrust case involving allegations that settlement with generic company delayed generic competition.
- Counsel for global diagnostics company in patent litigation involving diagnostic kits for the detection of HIV virus in blood products.
- Counsel for a global pharmaceutical company in two significant antitrust cases involving allegations that the company delayed development of generic versions of two drugs.
- Counsel to a venture-backed medical device company in confidential arbitration over a dispute involving the interpretation of a Warrant Agreement.
- 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 in October 2014. The Court of Appeals for the Federal Circuit affirmed the decision on appeal in January 2016.
- Trial counsel for Bayer in an Administrative Procedure Act challenge to FDA’s approval of generic versions of Bayer’s veterinary antibiotic drug Baytril®. Ruling on Bayer’s behalf, the court found that the Agency’s approval of a generic version of Baytril was unlawful, and in a rare order, the district court required FDA to withdraw approval of the generic product.
- Lead trial counsel to a defendant accused of murder in a two-week jury trial in Charles County, Maryland occurring in September 2015. The case involved over 50 fact and expert witnesses and raised many forensic evidence issues including the use of historical cell site analysis, fiber testing, ballistics testing, soil and plant testing, and DNA testing.
Selected to Super Lawyers, 2016-2017
Selected to Washington, D.C. “Rising Stars” list, Super Lawyers, 2014
Law Clerk, Judge Richard Linn, United States Court of Appeals for the Federal Circuit, 2004-2006