Susan Krumplitsch represents life science companies in intellectual property disputes, with an emphasis on patent and trade secret litigation. Her clients include innovative biotechnology, pharmaceutical and medical device companies and she regularly appears in federal courts across the country and in post-grant review proceedings at the US Patent and Trademark Office.
Her practice involves a wide variety of technologies, including next-generation DNA sequencing, therapeutic monoclonal antibodies, transgenic animals, pharmaceutical formulations, small molecule drug compounds, mammalian cell lines, biofuels, fungicides and magnetic resonance angiography. Susan also advises clients on complex patent strategies and is a frequent publisher and speaker on intellectual property issues surrounding the life science industry's increasing adoption of artificial intelligence technology.
Susan is a member of the Board of Directors of BIOCOM, the association representing the California life science industry.
She also has significant pro bono experience representing asylum applicants and drafting amicus briefs for various US Circuit Courts of Appeal and the Supreme Court of the United States.
- An innovative next generation sequencing company in litigation involving digital sequencing technology
- A branded pharmaceutical company against an ANDA filer in the District of Delaware regarding an ophthalmic drug product used for the treatment of glaucoma
- A branded pharmaceutical company against five ANDA filers in the Districts of New Jersey and Delaware regarding a fixed-combination drug product used for pain relief. Also represented the company in multiple inter partes review challenges before the PTAB
- A biopharmaceutical company in BPCIA litigation over a biosimilar monoclonal antibody used to treat HER2-positive breast cancer
- A branded pharmaceutical company in Hatch-Waxman litigation in the District of Delaware involving a dermatological product indicated for the topical treatment of plaque psoriasis
- A pharmaceutical company in a trade secret misappropriation case against multiple overseas defendants regarding the company’s proprietary aryl hydrocarbon receptor agonist
- A university in the Eastern District of Pennsylvania and Federal Circuit in an enforcement action filed against a pharmaceutical company regarding the company’s commercialization of monoclonal antibody used to treat EGFR-expressing metastatic colorectal cancer and advanced squamous cell carcinoma of the head and neck. Also represented the university in an inter partes review challenge at the PTAB
- A biotechnology company in defending patents covering next-generation, high throughput DNA sequencing in multiple inter partes review challenges at the PTAB
- A biopharmaceutical company in an arbitration, affirming companies’ exclusive rights to a small molecule used to treat chronic hepatitis C
- A branded Japanese pharmaceutical company in Hatch-Waxman litigation against multiple generic challengers regarding a treatment for hyponatremia
- A biopharmaceutical company in a pre-BPCIA challenge by a generic company seeking to market an infringing peptide used to stimulate the growth of white blood cells
- A biopharmaceutical company against a branded challenger in pre-BPCIA litigation filed in the District of Massachusetts regarding a peptide used to treat anemia
- J.D., Northeastern University School of Law
- M.S., Immunology and Infectious Disease, Harvard University School of Public Health
- B.A., University of California at Los Angeles
- The Legal 500 United States
2021 - Recommended, Patent Litigation: Full Coverage
- Super Lawyers Rising Star: Intellectual Property (2013-2015)
- "AI Inventorship Decision Leaves Open Questions," Law360, 17 September 2021
- Invited speaker, "Patenting AI," 18th Annual Advanced Patent Law Institute at the USPTO, UT Law, 31 March 2023
- Moderator, "Patenting Biotech and Pharma Innovations Associated with AI," Life Science Patent Network, 3 November 2022
- Panelist, "In-Depth Look at 180-day Exclusivity," ACI Hatch-Waxman and BPCIA, October 2022
- Panelist, "The Doctrine of Equivalents: Analyzing the effects of recent federal circuit decisions on ANDA litigation strategies," ACI Paragraph IV Disputes, 6 October 2020
- Quoted, "AI-Assisted Inventions Could Spur New Patent Litigation Wave," Bloomberg Law, August 9, 2022
- Quoted, "Future Of Patents For Inventions By AI In Congress' Hands," Law360, August 5, 2022
- Before attending law school, Susan was a research associate at Brigham and Women’s Hospital in Boston, Massachusetts.
Memberships And Affiliations
- American Bar Association
- Women in Bio
- California Bar Association
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