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Life Sciences IP Litigation

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Morrison Foerster is a global leader in life sciences IP litigation. Industry leaders and up-and-coming innovators alike trust us with their most important biologic, pharmaceutical, and medical device cases.

Case Studies

MoForum 2025 | Life Sciences - Women of Impact

Protecting and Enforcing Biologics ﻿IP CLE Presentation and Industry Networking Reception with Bayer Co.Lab

Biologics in Focus: Legal and Business Strategies for Success  in Evolving and Complex Technologies

Emerging Legal Trends in Life Sciences

Rare Disease Innovation & Partnering Summit

Events

(Northern District of California). Secured summary judgment of non–infringement and attorneys' fees for Genentech in a patent suit over the mechanism of action of its breakthrough breast cancer drug Kadcyla.

Phigenix v. Genentech

(District of Delaware). Delivered a multimillion dollar victory for WashU in a patent royalty dispute involving proper valuation of a co–owned patent covering a blockbuster Vitamin D kidney disease treatment.

Washington University in St. Louis v. Wisconsin Alumni Research Foundation

(District of Delaware). Delivered a preliminary injunction win – rare in a patent case – for Nevro in its patent battle against competitor Stimwave involving high-frequency, paresthesia-free spinal cord stimulation technology.

Nevro Corp. v. Stimwave Technologies

Obtained a complete win for Seagen of willful infringement, no invalidity, and all requested damages in a jury trial involving antibody-drug conjugate technology.

Seagen Inc. v. Daiichi Sankyo

Experience

Federal Circuit addresses subject matter eligibility for compositions of matter in US Synthetic v. ITC

Patent vs. Trade Secret Considerations for Cell and Gene Therapies

USPTO Seeks Input on Experimental Use Exception to Patent Infringement and Possible Legislative Action

Mitigating Patent Risk in Gene Therapy Development

Discretionary Denials of Patents by the Patent Trial and Appeal Board May Wane Under Proposed Rule

Don’t Cry Over Spilled Milk: Federal Circuit Finds Milk Vitamin Patent Invalid

Insights

Morrison Foerster’s IP Litigation Strength Reflected in Chambers USA 2025 Rankings

Law360's Legal Lions of the Week

Leading Life Sciences IP Litigation Group Joins Morrison Foerster in New York

Morrison & Foerster Hires Trio of Life Sciences IP Litigators from Desmarais

Four Morrison Foerster Partners Shortlisted in LMG Life Sciences Americas Awardss

Morrison Foerster Prevails for Kind Pharmaceuticals at the Pleadings Stage in Complex Patent and Contract Litigation

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Matthew protects his clients’ intellectual property and defends his clients wrongly accused of infringement. His hearing and trial experience is extensive. Whether exploring complex technical issues regarding a biologic drug, or digging into the finer points of patent law, he excels at keeping his opponents on their toes. Intellectual Asset Management 1000 remarked that Matthew is “a skilled technical lawyer and brief writer who can handle large and nuanced cases.” He has litigated patent matters in many of the top patent venues throughout the United States, including the District Courts of California, Texas, Delaware, and New Jersey, the Federal Circuit, and the International Trade Commission.Life sciences clients often rely on Matthew’s extensive technical experience and his ability to grasp complex and cutting-edge issues quickly. His work in this area includes proceedings involving monoclonal antibodies, antibody-drug conjugates, small molecule inhibitors, vaccines, nutritional supplements, bioimplants, drug-eluting stents, blood glucose monitoring devices, plant genetics, and animal husbandry. He knows the ins and outs of the “patent dance” in Biologics Price Competition and Innovation Act (BPCIA) proceedings, and has advised clients on successful strategies for engaging in multi-phased BPCIA and Hatch-Waxman Act matters.Matthew is a registered patent attorney, and his considerable experience includes practicing before the United States Patent and Trademark Office, especially in inter partes and post-grant review proceedings. He also regularly advises clients on plant and agriculture intellectual property matters, including strategic use of plant patents, plant-variety protection certificates, and trademark rights. In addition to life sciences matters, Matthew has litigated cases involving internet firewalls, network security, virtualization, smartphone, interactive television, website, and display technologies.Matthew graduated from law school magna cum laude and was presented with the Academic Excellence Award for his graduating class. He clerked for Chief Judge James Ware (ret.) of the Northern District of California from 2007 to 2008. Before law school, Matthew received a Bachelor of Science in molecular biology.Having grown up in Alaska, Matthew has great appreciation for the outdoors. In his free time, he enjoys skiing, hiking, and trail running.

Matthew A. Chivvis

Partner

Kira is an experienced courtroom lawyer who assists life sciences companies in high-stakes patent litigation.Kira is the head of Morrison Foerster’s Los Angeles Litigation Department, a partner in the IP Litigation Group, and a member of the firm-wide Life Sciences + Healthcare Leadership Team. She regularly serves as counsel in intellectual property lawsuits involving cutting-edge technology, including foundational antibody technology, antibody cancer immunotherapies, fusion proteins, small-molecule therapeutics, transcatheter heart valve repair and replacement devices, and genetic testing and genomics technology. Kira litigates on behalf of both patentees and defendants and has significant experience representing innovators in disputes arising out of proposed generic and biosimilar launches.    Kira has been recognized by a number of regional and national publications, including as a Litigator of the Week by The American Lawyer. In 2023, she was named a Top Healthcare Lawyer by the Daily Journal.   Kira’s approach is to gain a deep understanding not only of the technology at issue, but also of her clients’ business objectives and goals, and to work closely with her clients to build litigation and pre-litigation strategies that match those goals. As a trial lawyer, Kira is known for her levelheaded and trustworthy style, allowing client witnesses to shine through on direct examination and cutting through the noise on cross-examination.In addition to U.S. district court litigation, Kira regularly advises clients on proceedings before the Patent Trial and Appeal Board, both in matters with co-pending litigation and in stand-alone PTAB proceedings. She also often coordinates global patent litigation strategy across multiple jurisdictions, including England, Ireland, Germany, and Switzerland.Kira also has experience representing clients in connection with other types of litigation and investigative matters, including antitrust litigation, contract disputes, white-collar criminal matters, complex commercial disputes, sports-related matters, and internal investigations.Kira began her legal career as a law clerk to the Honorable John M. Rogers in the United States Court of Appeals for the Sixth Circuit. Prior to joining the firm, Kira was a partner at Durie Tangri, a premier litigation boutique. Kira has been active in several professional societies, including LAIPLA’s Women in IP Committee. She currently serves as a board member for The Morrison Foerster Foundation.Kira received her J.D. summa cum laude from Cornell Law School. She received her B.A. in classics from Ohio Wesleyan University.She is admitted to practice in California and New York.

Kira Davis

Todd Krause is a partner and member of the firm’s Intellectual Property Litigation Group. Todd has over 25 years of experience successfully litigating patent cases for leading global pharmaceutical and biotechnology companies.To help his clients succeed, Todd clearly defines their strategic objectives, develops compelling trial themes early in the case, focuses his teams on issues that truly matter, and distills complex issues down to clear, factfinder-friendly trial arguments. With a Ph.D. in biological sciences and a postdoctoral fellowship in the Department of Molecular and Human Genetics at Baylor College of Medicine, Todd brings a profound understanding of the scientific aspects of his cases.Todd has guided teams in numerous Hatch-Waxman litigations (most involving blockbuster drugs) and a diverse range of matters in the life sciences industry, including small-molecule and biologic drugs, medical devices, gene amplification techniques, cell-based assays, veterinary vaccines, and recombinant nucleic acids and proteins.Recognized as a leading figure in the patent and life sciences legal fields, Todd has earned accolades such as being named as a Hatch-Waxman Patent Litigation Star by LMG Life Sciences; named as an IP Star by Managing Intellectual Property; and recommended by the IAM Patent 1000 and The Legal 500. He remains actively involved in legal organizations, while contributing to the advancement of his clients’ industries.<h4>Representative Experience</h4><ul><li>Represented multinational biopharmaceutical company in patent litigation related to a treatment for an autoimmune disease.</li><li>Represented global biopharmaceutical company in patent litigation related to a HIV treatment.</li><li>Represented Avanos in patent litigation related to cooled radiofrequency ablation products.</li><li>Represented Johnson & Johnson subsidiary Janssen Biotech, Inc. in Hatch-Waxman patent litigations and inter partes review proceedings related to prostate cancer drug Zytiga®.</li><li>Represented Johnson & Johnson subsidiary Janssen Pharmaceuticals Inc. in Hatch-Waxman patent litigations related to the blood-thinner Xarelto®.</li><li>Represented international pharmaceutical company in patent litigation related to cancer immunotherapy.</li><li>Represented global biopharmaceutical company in patent litigation involving genetic mutations, recombinant DNA and proteins, and cellular assays related to a brain disorder.</li><li>Represented Johnson & Johnson subsidiary Janssen Pharmaceuticals, Inc. in Hatch-Waxman patent litigation related to Nucynta®, a drug for the treatment of pain.</li><li>Represented Forest Laboratories Inc. in multidistrict Hatch-Waxman patent litigations involving the blood pressure reduction agent Bystolic®.</li><li>Represented Sunovion Pharmaceuticals, Inc. in Hatch-Waxman patent litigation involving Xopenex HFA®, an inhalation aerosol used to treat the narrowing of airways by asthma and chronic obstructive pulmonary disease.</li><li>Represented Schering Corporation and MSP Singapore (both now owned by Merck) in several Hatch-Waxman patent litigations involving the blockbuster cholesterol lowering drugs Vytorin® and Zetia®.</li><li>Represented ConvaTec, Inc. in a patent action involving negative pressure wound healing devices.</li><li>Represented Columbia University professor, Dr. Gertrude Rothschild in patent actions related to methods for making semiconductor materials.</li><li>Represented Mycogen Corp. in patent action arising under 35 U.S.C. §291 of the patent laws that involved genetically modified plants.</li><li>Represented Boehringer Ingelheim in patent litigations related to a veterinary vaccine.</li><li>Represented Hoffmann-La Roche in patent litigation related to the Nobel Prize winning technology Polymerase Chain Reaction (“PCR”) and a polymerase (“Taq”) used in that technology.</li><li>Represented Hoffmann-La Roche and Boehringer Ingelheim in patent litigations related to the use of cell-based assays for drug discovery.</li></ul>