Porter F. Fleming

Specialty / focus areas. Porter F. Fleming is a New York–based intellectual property litigator who leads Haug Partners LLP's Litigation Practice Group. His documented practice centers on pharmaceutical patent work, particularly Hatch-Waxman ANDA litigation, with long-running representations of innovators such as Takeda and Shire. Earlier profile materials also list experience across chemistry, mechanical devices, metallurgy, consumer products, medical devices, paper products, and telecommunications, plus a patent/trademark prosecution docket. His technical background is metallurgical engineering.

Side preference. In the single tracked appearance he is on the defendant side (lead counsel for Par Pharmaceutical in Otsuka Pharmaceutical Co. v. Par Pharmaceutical, a Delaware Hatch-Waxman dispute over tolvaptan/Samsca and premature Paragraph IV notice). That said, most of his publicly documented work is for brand/innovator plaintiffs — Takeda, Shire, Bayer, and The Medicines Company — consistent with Haug Partners' stated shift from representing generics to representing the brand side in Hatch-Waxman litigation. His practice thus spans both sides of the aisle, with an innovator-heavy recent docket.

Firm context. He is a partner at Haug Partners LLP (New York), where his bio indicates he has practiced for over 30 years; he previously was a partner at the firm's predecessor, Frommer Lawrence & Haug LLP (email and profile records confirm that affiliation through at least 2013). He was named a partner at Haug Partners as of 2017.

Notable cases / outcomes. Notable matters include the Federal Circuit appeal Takeda v. Mylan Pharmaceuticals (Nos. 2020-1407, 2020-1417) concerning Takeda's Vyvanse product, which Haug Partners describes as a key victory protecting the product from generic entry through patent term; The Medicines Company v. Hospira (Fed. Cir. 2016, en banc) on the on-sale bar; and the Shire v. Amneal and related LCS Group v. Shire litigations, in which Haug Partners defeated RICO/fraud claims after a successful 2014 inter partes review of U.S. Patent No. 8,318,813. He is rated a top litigation individual by IAM Patent 1000 (2020, 2022) and has been listed in New York Super Lawyers (2009–2026). Specific outcomes in the tracked Otsuka v. Par matter are not publicly confirmed beyond his appearance.

PTAB / IPR experience. Yes — he has IPR experience, most clearly documented in the 2014 inter partes review of U.S. Patent No. 8,318,813 (Shire) and the subsequent district court and Second Circuit litigation arising from it. He is not shown to be a high-volume PTAB regular, but IPR strategy is a component of his Hatch-Waxman work.

Bar / education. B.S. in Metallurgical Engineering, Colorado School of Mines (1982); J.D., Franklin Pierce Law Center (1985); admitted New York 1986; registered before the USPTO; admitted to the Federal Circuit and multiple New York federal district courts.