Erica R. Sutter

650-335-7626
esutter@fenwick.com
Associate
Litigation

Erica R.
Sutter

Erica R.
Sutter

Erica R.
Sutter

Associate
Litigation

Erica Sutter is an experienced patent and antitrust attorney with extensive experience representing clients in high-stakes disputes and regulatory matters. She advises companies across a range of industries—including pharmaceuticals, medical devices, design tools, health insurance, and emerging startups—on complex issues at the intersection of competition and intellectual property law.

Erica’s antitrust practice encompasses merger litigation, private plaintiff litigation, class action defense, and challenges involving pharmaceutical patent settlements. She also counsels clients on U.S. and cross-border transactions, including compliance with the Hart-Scott-Rodino Act and related international filings. In addition, she has represented third-party stakeholders in civil antitrust litigation and in FTC administrative (“Part 3”) proceedings.

In her patent litigation practice, Erica focuses on pharmaceutical patents, with significant experience in Hatch-Waxman litigation and cases before the U.S. Patent Trial and Appeal Board. Her dual antitrust and patent expertise positions her to advise clients on the complex strategic issues that arise where the two disciplines overlap.

Earlier in her career, Erica practiced in the global competition and antitrust group of an international law firm and worked in-house at a biofabrication startup, managing patent and trademark matters. Her scientific background includes research in stem cell biology at North Carolina State University and University College London.

Erica thrives on learning the technologies and industries that shape her clients’ work. In more recent years, while maintaining her fulltime practice, Erica also earned a master’s degree in Animal Science from North Carolina State University.During that time, she pursued coursework in regulation of metabolism, global regulatory affairs, neurobiology, and cancer biology to better serve her technology-driven clients.

While in law school, Erica was an editor for both the Santa Clara Law Review and the Santa Clara High Technology Law Journal.

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Antitrust Experience

  • Representing Urbint in its pending $325M acquisition by Itron.
  • Advised Chinook Therapeutics in its successful $3.5B acquisition by Novartis.
  • Representation of cloud-based mortgage capital markets company as a third party in FTC “Part 3” administrative proceeding and related district court litigation.
  • Representation of large music industry company against antitrust claims under both federal and state law. The Court dismissed all claims against the client.
  • Successful defense of convenience store retail analytics company against federal and state antitrust claims—including monopolization, conspiracy to restrain trade, and exclusive dealing allegations—as well as other state law claims pertaining to allegations of unfair competition. Briefed and argued motion to dismiss resulting in dismissal of all claims against client. (19-cv-00455 (D. Conn.)) On appeal, plaintiff ultimately agreed to withdraw its appeal and dismiss all claims against client, with prejudice, prior to any appellate briefing.
  • Represented one of the nation’s largest health insurers in its defense against the U.S. Department of Justice’s lawsuit to block the then-largest merger ever in the health insurance industry. Erica was a member of the trial team defending the insurance company in the District Court and was also a member of the team representing the company on its expedited appeal to the D.C. Circuit and subsequent petition for writ of certiorari to the U.S. Supreme Court.
  • Member of team representing a global pharmaceutical company in an antitrust action involving “reverse-payment” claims pertaining to an earlier patent litigation settlement.
  • Member of team representing a Fortune 100 manufacturer in multidistrict litigation involving alleged price-fixing and output restrictions.

Patent Experience

  • Representation of UCB Inc. and UCB Biopharma Sprl in district court litigation and before the Patent Trial and Appeal Board relating to its patent concerning the drug Xyzal®. UCB successfully obtained a stipulation of infringement in the district court and the later PTAB ruled in favor of UCB on all grounds. Subsequently, Apotex voluntarily dismissed its appeal before the Federal Circuit and stipulated to a permanent injunction in the district court.
  • Representing Novo Nordisk Inc. and Novo Nordisk A/S in multiple patent litigations regarding Victoza®, Saxenda®, and Ozempic® and their FlexPen® and FlexTouch® injection devices.
  • Representation of Pharmacosmos A/S and Pharmacosmos Therapeutics in patent litigation relating to treatment of iron deficiency anemia.

*Includes experience from a previous firm

Antitrust Experience

  • Representing Urbint in its pending $325M acquisition by Itron.
  • Advised Chinook Therapeutics in its successful $3.5B acquisition by Novartis.
  • Representation of cloud-based mortgage capital markets company as a third party in FTC “Part 3” administrative proceeding and related district court litigation.
  • Representation of large music industry company against antitrust claims under both federal and state law. The Court dismissed all claims against the client.
  • Successful defense of convenience store retail analytics company against federal and state antitrust claims—including monopolization, conspiracy to restrain trade, and exclusive dealing allegations—as well as other state law claims pertaining to allegations of unfair competition. Briefed and argued motion to dismiss resulting in dismissal of all claims against client. (19-cv-00455 (D. Conn.)) On appeal, plaintiff ultimately agreed to withdraw its appeal and dismiss all claims against client, with prejudice, prior to any appellate briefing.
  • Represented one of the nation’s largest health insurers in its defense against the U.S. Department of Justice’s lawsuit to block the then-largest merger ever in the health insurance industry. Erica was a member of the trial team defending the insurance company in the District Court and was also a member of the team representing the company on its expedited appeal to the D.C. Circuit and subsequent petition for writ of certiorari to the U.S. Supreme Court.
  • Member of team representing a global pharmaceutical company in an antitrust action involving “reverse-payment” claims pertaining to an earlier patent litigation settlement.
  • Member of team representing a Fortune 100 manufacturer in multidistrict litigation involving alleged price-fixing and output restrictions.

Patent Experience

  • Representation of UCB Inc. and UCB Biopharma Sprl in district court litigation and before the Patent Trial and Appeal Board relating to its patent concerning the drug Xyzal®. UCB successfully obtained a stipulation of infringement in the district court and the later PTAB ruled in favor of UCB on all grounds. Subsequently, Apotex voluntarily dismissed its appeal before the Federal Circuit and stipulated to a permanent injunction in the district court.
  • Representing Novo Nordisk Inc. and Novo Nordisk A/S in multiple patent litigations regarding Victoza®, Saxenda®, and Ozempic® and their FlexPen® and FlexTouch® injection devices.
  • Representation of Pharmacosmos A/S and Pharmacosmos Therapeutics in patent litigation relating to treatment of iron deficiency anemia.

*Includes experience from a previous firm

Recognition Recognition Recognition

Recognition Recognition Recognition

Recognition
Patexia

2023

Recognized among the Top ANDA Attorneys

Recognition
Patexia

2023

Recognized among the Top ANDA Attorneys