Madelyn McCormick

Madelyn McCormick — Patent Litigation Practice Summary

Focus areas. McCormick is a life-sciences and pharmaceuticals patent litigator, with a practice concentrated on BPCIA biosimilar and Hatch-Waxman/ANDA disputes and related trade-secret and technology litigation, including arbitration (her Fish & Richardson bio notes significant JAMS experience). Her background is technical as well as legal — a B.S. in biomedical engineering (UC Irvine) followed by work as a lab assistant, technical consultant and researcher before law school — and her practice is described as covering pharmaceutical, biomedical, medical device and life sciences clients, including both established companies and emerging entities. Reporting to date does not show a Wi-Fi/standards, software, or mechanical portfolio; the record is biopharma-heavy.

Side preference. Her two tracked appearances are both defendant-side, both in the aflibercept/Eylea biosimilar litigation. That is a narrow sample, and it does not reflect the whole practice: her firm bio states she "asserts and defends" patent and trade secret claims, and her listed matters include innovator-side representation of Gilead (Hatch-Waxman, D. Del., HIV products) and Sunovion (Latuda, D.N.J.), as well as biosimilar-maker Alvotech in the AbbVie Humira dispute (N.D. Ill.). She is therefore better characterized as a both-sides biopharma litigator with recent, prominent work on the defendant/biosimilar-applicant side, rather than as an operating-company-only defense or NPE-side specialist.

Firm context, notable matters, PTAB. She has spent her career at Fish & Richardson, joining as a summer associate while at Suffolk University Law School and now a Principal in the San Diego office; the firm biographies indicate no prior firm. Her most prominent tracked work is the consolidated In re Aflibercept Patent Litigation (N.D. W. Va., 1:24-md-3103), specifically Regeneron Pharmaceuticals, Inc. v. Formycon AG (No. 1:23-cv-00097) and Regeneron Pharmaceuticals, Inc. v. Samsung Bioepis Co., Ltd. (No. 1:23-cv-00094). Court filings confirm her as Fish counsel of record (pro hac vice) for Formycon, where Fish served as liaison counsel for the Formycon/Celltrion/Samsung Bioepis group; her role for Samsung Bioepis is reflected in the tracked-appearance data but I could not independently verify it in the documents retrieved. The Federal Circuit affirmed the preliminary injunctions against Formycon and Samsung Bioepis on January 29, 2025 (Regeneron v. Mylan Pharm. Inc., Nos. 2024-2009, -2019, -2156, and companion appeals) — a defense-side loss on appeal. The U.S. BPCIA case against Formycon was settled in October 2025 (launch license for Q4 2026), and Regeneron and Samsung Bioepis filed a joint stipulation to dismiss in February 2026. On PTAB work, she appears as backup counsel for patent owner The Johns Hopkins University in the Merck Sharp & Dohme IPRs (IPR2024-00240, -00247 and related, filed pro hac vice), so the available record shows occasional, non-lead PTAB involvement rather than a high-volume IPR/PGR practice.

Bar / education. J.D., summa cum laude, Suffolk University Law School (2017, Articles Editor, Suffolk University Law Review); B.S., Biomedical Engineering, UC Irvine (2007); member of the State Bar of California and admitted in the Northern, Southern and Central Districts of California (per her PTAB pro hac vice declaration), with prior service as a judicial intern to Magistrate Judge Marianne B. Bowler (D. Mass.). She is a regular author of Fish client alerts on biosimilars and Hatch-Waxman issues and was named a Managing IP "Rising Star" in 2025 and 2026.