Susan Krumplitsch represents life science companies in intellectual property disputes, with an emphasis on Hatch-Waxman, BPCIA 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 therapeutic monoclonal antibodies, pharmaceutical formulations, small molecule drug compounds, next-generation DNA sequencing, mammalian cell lines, biofuels, fungicides and magnetic resonance angiography. Susan's trial experience includes bench and jury trials in federal courts, oral arguments at the Patent Trial and Appeal Board (PTAB), hearings before the International Trade Commission and domestic arbitrations.
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.
- 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
- 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)
- Co-Author, "AI Inventorship Decision Leaves Open Questions," Law360, September 17, 2021
- 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
- Quoted, "Inventor Robots Deserve Patent Rights, Federal Circuit to Hear," Bloomberg Law, June 6, 2022
- Contributing Columnist, "Unanswered Questions: Who owns the patent when an algorithm discovers a drug?" San Francisco Business Times, May 28, 2021
- 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