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Porter Fleming Partner

30 years of practice. He is known for both his intellect and legal skills, but also for his commitment, dedication and leadership qualities. Trials are won by trial teams.  Teams require leaders and teamwork.  Winning requires finishing strong. No surprise, Porter was a four year starting varsity college lacrosse player, a co-captain and since practicing law has completed 16 New York City Marathons and counting. He leads by example.

LOCATION

New York City

+1.212.588.0800

745 Fifth Avenue, 10th Floor,
New York, NY 10151

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  • Porter Fleming leads the firm’s Litigation Practice Group and has more than twenty five years of intellectual property litigation experience. Not only is he comfortable in the courtroom, before a Judge or jury, he has also developed a unique ability to advise senior management and in-house counsel efficiently and effectively. His varied experiences and significant results for his clients speak for themselves.
  • Within the Litigation Practice Group, Mr. Fleming leads a team of talented attorneys, with expertise across a spectrum of industries, and has and continues to represent a diverse range of clients, from large corporations to individual inventors and innovators. Through this practice, Mr. Fleming is known to draw upon the diverse resources of the firm, creating for each litigation a “Cabinet” of attorneys, experts and scientific advisors deeply proficient in the various legal and technical aspects of the specific case to effectively and efficiently guide the client through the legal process from the beginning to the resolution. His leadership, knowledge and experience in intellectual property law is valued by many of the nation’s leading pharmaceutical and scientific corporations.
  • The Medicines Company v. Hospira, Inc., Nos. 14-1469, 14-1504 (Fed. Cir., July 11, 2016) (en banc)
  • Shire LLC, Shire Development Inc., Shire Development LLC, v. Amneal Pharmaceuticals, LLC, Roxane Laboratories Inc., Sandoz Inc., Mylan Inc., Matthey Inc., Johnson Matthey Pharmaceutical Materials, Actavis Elizabeth LLC, Actavis LLC, Nos. 14-1736, 14-1737, 14-1738, 14-1739, 14-1740, 14-1741 (Fed. Cir., September 24, 2015)
  • The Medicines Company v. Sun Pharma Global FZE, Sun Pharmaceutical Industries Ltd., & Caraco Pharmaceutical Laboratories, Ltd. (n/k/a Sun Pharmaceutical Industries Inc.), No. 11-06819 (D.N.J.)
  • The Medicines Company v. Mylan Inc., Mylan Pharmaceuticals Inc. and Bioniche Pharma USA, LLC, No. 11-1285 (N.D. Ill.)
  • Shire LLC and Shire Development LLC v. Amneal Pharmaceuticals LLC, Actavis Elizabeth LLC, Actavis LLC, Mylan Inc., Mylan Pharmaceuticals Inc., Roxane Laboratories, Inc., Sandoz Inc., Johnson Matthey Inc., & Johnson Matthey Pharmaceutical Materials, No. 2:11-03781 (consolidated) (D.N.J.)
  • The Medicines Company v. Hospira, Inc., No. 09-750 (D. Del.)
  • The Medicines Company v. APP Pharmaceuticals, LLC and APP Pharmaceuticals, Inc., No. 10-476, 09-752 (D. Del.)
  • The Medicines Company v. Teva Parenteral Medicines, Inc., Teva Pharmaceuticals USA, Inc., & Teva Pharmaceutical Industries, Ltd., No. 09-750 (D. Del.)
  • Galderma Laboratories, L.P., Galderma S.A., & Dermalogix Partners, Inc. v. Paddock Laboratories, Inc., No. 09-CV-002 (N.D Tex.)
  • Aspex Eyewear, Inc. & Contour Optik, Inc. v. Marchon Eyewear, Inc., Nike, Inc., Revolution Eyewear, Inc., & Gary Martin Zelman, No. 09-61515 (S.D. Fla.)
  • Duramed Pharmaceuticals, Inc. v. Paddock Laboratories, Inc., No. 09-1905 (S.D.N.Y.)
  • Shire Laboratories Inc. v. Nostrum Pharmaceuticals, Inc., No. 03-4436 (D.N.J.)
  • Shire LLC v. Teva Pharmaceutical Industries Ltd. & Teva Pharmaceuticals USA, Inc., No. 07-3526 (S.D.N.Y.)
  • Shire Laboratories Inc. v. Corepharma, LLC, No. 06-2266 (D. N.J.)
  • Shire Laboratories Inc. v. Barr Laboratories, Inc., No. 03-1219 (S.D.N.Y.)
  • Allure Home Creations v. Zak Designs, Inc., No. 03-193 (D.N.J.)
  • Shire Laboratories Inc. v. Impax Laboratories, Inc., No. 05-00020 (D. Del.)
  • PAR Pharmaceuticals v. Roxanne Pharmaceuticals, No. 03-3357 (D.N.J.)
  • Novogen Research Pty. Ltd. v. GNC, No. 04-3627 (S.D.N.Y.)
  • Shire Laboratories Inc. v. Colony Pharmaceuticals, No. 07-718 (D. Md.)
  • Novogen Research Pty.Ltd. v. Natural Alternatives Int'l. Inc., No. 05-1983 (S.D.N.Y.)
  • Technology Licensing Corp. v. Rational Cooking Systems, Inc., No. 06-515 (D. Del.)
  • J-Med Pharmaceuticals v. Everton Pharmaceuticals, No. 06-251 (E.D.N.C.)
  • Fleming, Porter, and Kanter, Jason. "Raising the Bar to Patentability." Life Sciences Intellectual Property Review (2016): 38-41. Web.
  • "Defending Against NPEs: What is the New Normal?", the IP Strategy Summit Defense: Boston, May 10, 2017
  • "Risk Management & Avoiding Litigation", the IP Strategy Summit Defense: New York City, April 27, 2017
  • "United States Intellectual Property - Latest Developments and Trends", Tokyo University of Science Annual IP Forum, Tokyo, March 16, 2017
  • "The Great Game: Defending Against Rivals & Operating Companies", the IP Strategy Summit Defense: Boston, November 3, 2016
  • "Recent Developments in Patent Law: The On-Sale Bar After the En Banc Decision in The Medicines Company v. Hospira, Inc.", New York Law Journals' In-House Counsel CLE Seminar, New York, September 30, 2016
  • "Intellectual Property - Latest Development and Trends", Tokyo University of Science Annual IP Forum, Tokyo, March 27, 2016
  • SuperLawyers® Metro Edition, 2009-present
  • AV Preeminent® Rating by Martindale Hubbell
  • Colorado School of Mines, B.S., Metallurgical Engineering
  • Franklin Pierce Law Center, J.D.
  • Finalist, Patent Moot Court
  • Intellectual Property Enforcement
  • Intellectual Property Procurement and Strategy
  • Antitrust Litigation and Counseling
  • Southern District of New York
  • Eastern District of New York
  • Northern District of New York
  • U.S. Court of Appeals for the Federal Circuit
  • Registered to practice before the U.S. Patent and Trademark Office
  • The Association of the Bar of the City of New York
  • New York State Bar Association, Intellectual Property Section
  • New York City Bar Association
  • New York Intellectual Property Law Association
  • Federal Circuit Bar Association
  • American Bar Association
  • Intellectual Property Owners Association
  • American Intellectual Property Law Association

+1.212.588.0800
pfleming@haugpartners.com

RELATED SERVICES

  • Intellectual Property Enforcement
  • Intellectual Property Procurement and Strategy
  • Antitrust Litigation and Counseling

BAR ADMISSIONS

  • Southern District of New York
  • Eastern District of New York
  • Northern District of New York
  • U.S. Court of Appeals for the Federal Circuit
  • Registered to practice before the U.S. Patent and Trademark Office

Haug Partners LLP
745 Fifth Avenue, 10th Floor,
New York, NY 10151
+1.212.588.0800
haugpartners.com

Porter Fleming

Partner

HIGHLIGHT

30 years of practice. He is known for both his intellect and legal skills, but also for his commitment, dedication and leadership qualities. Trials are won by trial teams.  Teams require leaders and teamwork.  Winning requires finishing strong. No surprise, Porter was a four year starting varsity college lacrosse player, a co-captain and since practicing law has completed 16 New York City Marathons and counting. He leads by example.

OVERVIEW

Porter Fleming leads the firm’s Litigation Practice Group and has more than twenty five years of intellectual property litigation experience. Not only is he comfortable in the courtroom, before a Judge or jury, he has also developed a unique ability to advise senior management and in-house counsel efficiently and effectively. His varied experiences and significant results for his clients speak for themselves.

Within the Litigation Practice Group, Mr. Fleming leads a team of talented attorneys, with expertise across a spectrum of industries, and has and continues to represent a diverse range of clients, from large corporations to individual inventors and innovators. Through this practice, Mr. Fleming is known to draw upon the diverse resources of the firm, creating for each litigation a “Cabinet” of attorneys, experts and scientific advisors deeply proficient in the various legal and technical aspects of the specific case to effectively and efficiently guide the client through the legal process from the beginning to the resolution. His leadership, knowledge and experience in intellectual property law is valued by many of the nation’s leading pharmaceutical and scientific corporations.

REPRESENTATIVE CASES

  • The Medicines Company v. Hospira, Inc., Nos. 14-1469, 14-1504 (Fed. Cir., July 11, 2016) (en banc)
  • Shire LLC, Shire Development Inc., Shire Development LLC, v. Amneal Pharmaceuticals, LLC, Roxane Laboratories Inc., Sandoz Inc., Mylan Inc., Matthey Inc., Johnson Matthey Pharmaceutical Materials, Actavis Elizabeth LLC, Actavis LLC, Nos. 14-1736, 14-1737, 14-1738, 14-1739, 14-1740, 14-1741 (Fed. Cir., September 24, 2015)
  • The Medicines Company v. Sun Pharma Global FZE, Sun Pharmaceutical Industries Ltd., & Caraco Pharmaceutical Laboratories, Ltd. (n/k/a Sun Pharmaceutical Industries Inc.), No. 11-06819 (D.N.J.)
  • The Medicines Company v. Mylan Inc., Mylan Pharmaceuticals Inc. and Bioniche Pharma USA, LLC, No. 11-1285 (N.D. Ill.)
  • Shire LLC and Shire Development LLC v. Amneal Pharmaceuticals LLC, Actavis Elizabeth LLC, Actavis LLC, Mylan Inc., Mylan Pharmaceuticals Inc., Roxane Laboratories, Inc., Sandoz Inc., Johnson Matthey Inc., & Johnson Matthey Pharmaceutical Materials, No. 2:11-03781 (consolidated) (D.N.J.)
  • The Medicines Company v. Hospira, Inc., No. 09-750 (D. Del.)
  • The Medicines Company v. APP Pharmaceuticals, LLC and APP Pharmaceuticals, Inc., No. 10-476, 09-752 (D. Del.)
  • The Medicines Company v. Teva Parenteral Medicines, Inc., Teva Pharmaceuticals USA, Inc., & Teva Pharmaceutical Industries, Ltd., No. 09-750 (D. Del.)
  • Galderma Laboratories, L.P., Galderma S.A., & Dermalogix Partners, Inc. v. Paddock Laboratories, Inc., No. 09-CV-002 (N.D Tex.)
  • Aspex Eyewear, Inc. & Contour Optik, Inc. v. Marchon Eyewear, Inc., Nike, Inc., Revolution Eyewear, Inc., & Gary Martin Zelman, No. 09-61515 (S.D. Fla.)
  • Duramed Pharmaceuticals, Inc. v. Paddock Laboratories, Inc., No. 09-1905 (S.D.N.Y.)
  • Shire Laboratories Inc. v. Nostrum Pharmaceuticals, Inc., No. 03-4436 (D.N.J.)
  • Shire LLC v. Teva Pharmaceutical Industries Ltd. & Teva Pharmaceuticals USA, Inc., No. 07-3526 (S.D.N.Y.)
  • Shire Laboratories Inc. v. Corepharma, LLC, No. 06-2266 (D. N.J.)
  • Shire Laboratories Inc. v. Barr Laboratories, Inc., No. 03-1219 (S.D.N.Y.)
  • Allure Home Creations v. Zak Designs, Inc., No. 03-193 (D.N.J.)
  • Shire Laboratories Inc. v. Impax Laboratories, Inc., No. 05-00020 (D. Del.)
  • PAR Pharmaceuticals v. Roxanne Pharmaceuticals, No. 03-3357 (D.N.J.)
  • Novogen Research Pty. Ltd. v. GNC, No. 04-3627 (S.D.N.Y.)
  • Shire Laboratories Inc. v. Colony Pharmaceuticals, No. 07-718 (D. Md.)
  • Novogen Research Pty.Ltd. v. Natural Alternatives Int'l. Inc., No. 05-1983 (S.D.N.Y.)
  • Technology Licensing Corp. v. Rational Cooking Systems, Inc., No. 06-515 (D. Del.)
  • J-Med Pharmaceuticals v. Everton Pharmaceuticals, No. 06-251 (E.D.N.C.)

PUBLICATIONS

  • Fleming, Porter, and Kanter, Jason. "Raising the Bar to Patentability." Life Sciences Intellectual Property Review (2016): 38-41. Web.

SPEAKING ENGAGEMENTS

  • "Defending Against NPEs: What is the New Normal?", the IP Strategy Summit Defense: Boston, May 10, 2017
  • "Risk Management & Avoiding Litigation", the IP Strategy Summit Defense: New York City, April 27, 2017
  • "United States Intellectual Property - Latest Developments and Trends", Tokyo University of Science Annual IP Forum, Tokyo, March 16, 2017
  • "The Great Game: Defending Against Rivals & Operating Companies", the IP Strategy Summit Defense: Boston, November 3, 2016
  • "Recent Developments in Patent Law: The On-Sale Bar After the En Banc Decision in The Medicines Company v. Hospira, Inc.", New York Law Journals' In-House Counsel CLE Seminar, New York, September 30, 2016
  • "Intellectual Property - Latest Development and Trends", Tokyo University of Science Annual IP Forum, Tokyo, March 27, 2016

AWARDS

  • SuperLawyers® Metro Edition, 2009-present
  • AV Preeminent® Rating by Martindale Hubbell

EDUCATION

  • Colorado School of Mines, B.S., Metallurgical Engineering
  • Franklin Pierce Law Center, J.D.
  • Finalist, Patent Moot Court

BAR ADMISSIONS

  • Southern District of New York
  • Eastern District of New York
  • Northern District of New York
  • U.S. Court of Appeals for the Federal Circuit
  • Registered to practice before the U.S. Patent and Trademark Office

MEMBERSHIPS

  • The Association of the Bar of the City of New York
  • New York State Bar Association, Intellectual Property Section
  • New York City Bar Association
  • New York Intellectual Property Law Association
  • Federal Circuit Bar Association
  • American Bar Association
  • Intellectual Property Owners Association
  • American Intellectual Property Law Association