Louis E. Fogel

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Louis E. Fogel — Patent Litigation Practice Summary

Focus areas. Fogel's practice is concentrated in life sciences patent litigation: biosimilar disputes under the BPCIA, brand-side Hatch-Waxman small-molecule cases, and medical device litigation, with additional work at the intersection of patent law and antitrust (exclusive licensing, pay-for-delay) and in trade secrets. His technical background is chemistry and biopharmaceutical manufacturing — recombinant DNA technology, protein purification, and ophthalmic/cardiovascular/immuno-oncology biologics — rather than standards-based electrical or software work.

Side preference. The tracked appearance data shows 0 plaintiff-side and 2 defendant-side appearances, and both tracked matters are biosimilar-maker representations: Regeneron v. Samsung Bioepis (Jenner & Block, Of Counsel) and Regeneron v. Formycon (Fish & Richardson, lead counsel), both arising from the aflibercept/EYLEA biosimilar MDL. His broader docket is mixed rather than purely defense-oriented: public bios and firm materials list representations of innovator/patent-owner clients including Genzyme, Wyeth, and Ethicon/Omrix, as well as biosimilar applicants such as Coherus. Net, he is best described as a defense-side litigator in competitor-versus-innovator biologics disputes, with substantial experience on the innovator side as well.

Firm context. Fogel is a principal at Fish & Richardson and serves as office managing principal of the firm's Chicago office, which opened in April 2025. He joined Fish in February 2024 from Jenner & Block, where he was a partner and co-chair of the firm's life sciences practice; before that he was at Ropes & Gray (Chicago, from 2010) and began his IP litigation career at Sidley Austin.

Notable matters and outcomes. In In re Aflibercept Patent Litigation (N.D. W. Va., MDL No. 24-3103), Fogel served as liaison counsel for the Formycon/Celltrion/Samsung Bioepis defendants, including lead counsel for Formycon. The district court granted Regeneron preliminary injunctions against Formycon and Samsung Bioepis in June 2024 on U.S. Patent No. 11,084,865; the Federal Circuit affirmed both on January 29, 2025 (Nos. 24-2009, 24-1965), finding personal jurisdiction and no substantial question of invalidity. Formycon subsequently settled with Regeneron in October 2025, with a permitted U.S. launch of its aflibercept biosimilar in Q4 2026. On the challenger side, he represented Coherus BioSciences in Amgen v. Coherus (D. Del.), where the court dismissed Amgen's '707 patent infringement claim under prosecution history estoppel and the disclosure-dedication doctrine and the Federal Circuit affirmed (No. 18-1993, July 2019) — a result his firm bio credits with clearing the path for Coherus's first product launch. He has also handled a pro bono patent matter in which the N.D. Ga. dismissed two asserted patents on § 101 grounds at the Rule 12 stage.

PTAB / IPR experience. He has appeared in post-grant proceedings but is not a high-volume PTAB practitioner. He was lead counsel for Formycon on an IPR petition against a Regeneron aflibercept patent (IPR2025-00233) and served as backup counsel on Coherus IPRs challenging AbbVie's Humira dosing-regimen patents.

Bar and education. J.D., University of Chicago Law School (2003) and Ph.D. in chemistry, University of Chicago (M.S., University of Wisconsin; B.A., Hamline University); registered patent attorney (Reg. No. 54,731) admitted to practice before the USPTO, with Federal Circuit appellate experience. Illinois bar admission is not separately confirmed in the sources reviewed.