Abigail Struthers focuses her practice on patent litigation in the life sciences sector, combining her experience as a private practitioner with in-house know-how gained from serving as Sandoz’s senior IP litigation counsel to provide clients with business-practical intellectual property solutions.
Abby has represented leading pharmaceutical and life sciences clients in disputes relating to biologic drug products, small-molecule pharmaceuticals and drug delivery technology. She has represented both plaintiffs and defendants at every stage of litigation, including trial and appeal, and has practiced in state court, federal court and before the Patent Trial and Appeal Board. Abby also regularly advises on intellectual property aspects of corporate mergers and acquisitions and is experienced in conducting patent due diligence investigations.
Experience
- Sanofi and Regeneron in patent litigation (on remand) in connection with their Praluent® drug product. Amgen Inc. et. al. v. Sanofi et. al. (D. Del.).
- Sandoz in connection with its Hyrimoz® drug product, a biosimilar to AbbVie Biotechnology's Humira®; also in inter partes review proceedings challenging Humira® patents and in related Federal Circuit appeals. See, e.g., Sandoz Inc. v. AbbVie Biotechnology Ltd., IPR2017-02105, 02106; Sandoz Inc. v. AbbVie Biotechnology Ltd., Case 2018-2142 (Fed. Cir.).
- Novartis in multiple Hatch-Waxman patent litigations relating to Novartis' Gleevec® drug product, indicated for the treatment of chronic myeloid leukemia. Novartis Pharmaceuticals Corp. and Novartis AG v. Roxane Laboratories et al. (D. Del.).
- Novartis in patent litigation relating to leukemia immunotherapy with chimeric antigen receptor modified T-cells. Trustees of the University of Pennsylvania and Novartis Pharmaceuticals Corporation v. St. Jude Children's Research Hospital Inc. and Juno Therapeutics Inc. (ED Pa.).
- Pfizer in patent litigation concerning Pfizer's Celebrex® drug product. G.D. Searle LLC and Pfizer Asia Pacific Pte. Ltd. v. Lupin Pharmaceuticals Inc., et al. (D. Va.).
- Sanofi-Aventis, as a member of the trial team, in patent litigation relating to Sanofi's Allegra® drug products. Aventis Pharmaceuticals Inc. v. Dr. Reddy's Laboratories Ltd. et al. (DNJ).
- Vivelle Ventures, Noven Pharmaceuticals and Novartis in Hatch-Waxman litigation concerning the Vivelle Dot® transdermal estradiol drug product. Vivelle Ventures, Noven Pharmaceuticals, and Novartis Pharmaceuticals Corporation v. Mylan Technologies, et al. (SDNY).
- Time Warner Cable in patent litigation relating to on-demand television. Broadband iTV Inc. v. Hawaiian Telcom, Inc., Oceanic Time Warner Cable LLC and Time Warner Cable Inc. (D. Haw.).
- Qinetiq Group in patent litigation relating to metal detector technology. Mednovus Inc. and First Texas Holdings Corp. v. Qinetiq Group PLC et al. (CD Cal).
- Butamax and du Pont in patent litigation relating to biofuels technology. Butamax™ Advanced Biofuels LLC and du Pont de Nemours and Company v. Gevo Inc. (D. Del).
- CLS Bank International in landmark patent litigation relating to computerized methods of exchanging financial obligations. CLS Bank International v. Alice Corporation Pty. Ltd. (DDC).
- Roche defendants in patent litigation relating to recombinant human erythropoietin therapy. Amgen v. F. Hoffman-La Roche Ltd., Roche Diagnostics Gmbh, and Hoffman-La Roche Inc. (D. Mass.).
- Pfizer in first Hatch-Waxman litigation concerning Pfizer's Celebrex® drug product. Pfizer Inc. et al. v. Teva Pharmaceuticals USA Inc. (DNJ).
Perspectives
Credentials
Education
- J.D., Fordham University School of Law, 2004, cum laude
- B.A., Neuroscience, Wesleyan University, 1999
Admissions
- New York
- U.S. Court of Appeals for the Federal Circuit
- U.S. District Court, Eastern District of New York
- U.S. District Court, Southern District of New York
Activities
- First Vice President, New York Intellectual Property Law Association