Chiemi Suzuki is a patent litigator in the New York office of Crowell & Moring. As a counsel in the Intellectual Property Group, Chiemi focuses her practice on patent litigation under the Hatch-Waxman Act, representing generic pharmaceutical companies at the trial and appellate levels. Chiemi was recognized as a 2014 “Rising Star” in intellectual property litigation by Super Lawyers Magazine, New York Metro edition.
Chiemi handles all aspects of patent litigation, from pre-suit investigations, through discovery, Markman proceedings, summary judgment motions, trials, and appeals. Her experience litigating Hatch-Waxman cases on behalf of both generic (first filers and later filers) and innovator pharmaceutical companies gives her unique perspective on the drug-approval provisions under the Federal Food, Drug, and Cosmetic Act. This insight provides her with the ability to develop and implement pragmatic case strategies and case management plans. Chiemi's experience includes litigating the patents covering the drug products Embeda® (morphine sulfate and naltrexone hydrochloride), Dexilant® (dexlansoprazole), Fentora® (fentanyl citrate), Adderall XR® (mixed amphetamine salts), and Carbatrol® (carbamazepine), among others.
Prior to joining Crowell & Moring, Chiemi was an associate at an intellectual property firm, where her practice focused on patent litigation under the Hatch-Waxman Act. Before that, Chiemi worked in technology transfer at the Office of Industrial Liaison at Mount Sinai School of Medicine. She has also performed research in the areas of biology and chemical engineering. The results of her research are published in the journal Langmuir.
Chiemi also maintains an active pro bono practice. She has been recognized as an "Empire State Counsel" by the New York State Bar Association for her pro bono work.
Chiemi earned her B.A. in Biology with a minor in the History of Art from Bryn Mawr College and her M.A. in Biotechnology from Columbia University. She received her J.D. from the University of California, Hastings College of the Law where she was a member of the Hastings Communication and Entertainment Law Journal (Comm/Ent) and earned the CALI Excellence for the Future Award and Witkin Award for Academic Excellence in Alternative Dispute Resolution.
Chiemi is admitted to the New York and California bars. She is a member of the bar of the Supreme Court of the United States and the United States Court of Appeals for the Federal Circuit, as well as various federal district courts.
Representative matters include the following:
- Pfizer Inc. et al. v. Actavis Laboratories FL, Inc., No. 11-914 (D. Del.). Represented Actavis in a patent infringement case concerning Actavis's ANDA for a generic version of Embeda® (morphine sulfate and naltrexone hydrochloride).
- Takeda Pharmaceutical Co., Ltd. et al. v. Handa Pharmaceuticals, LLC and Par Pharmaceutical, Inc., No. 3:11-840 (N.D. Cal.), and Par Pharmaceutical, Inc. and Handa Pharmaceuticals, LLC v. Takeda Pharmaceutical Co., Ltd. et al., No. 5:13-1927 (N.D. Cal.). Represented Handa and Par in patent infringement cases concerning Par's ANDA for a generic version of Dexilant® (dexlansoprazole).
- Cephalon Inc. v. Watson Pharmaceuticals, Inc. et al., Nos. 08-330 and 09-724 (D. Del.). Represented Watson in a patent infringement case concerning Watson's ANDA for a generic version of Fentora® (fentanyl citrate).
- Global-Tech Appliances, Inc. v. SEB S.A., No. 10-6, as Counsel of Record for the Federal Circuit Bar Association in a Brief of Amicus Curiae before the Supreme Court concerning the legal standard for the state of mind element of a claim for actively inducing infringement under 35 U.S.C. § 271(b).
- Shire LLC v. Sandoz, Inc., No. 2009-1180 (Fed. Cir.), representing appellee in an interlocutory appeal concerning whether stare decisis applies to a previous court's unappealed claim construction decision.
Southern District of New York
Eastern District of New York
Central District of California
U.S. Court of Appeals for the Federal Circuit
U.S. Supreme Court
Federal Circuit Bar Association
New York Intellectual Property Law Association
American Bar Association
American Chemical Society
American Association of Pharmaceutical Scientists
New York County Lawyers’ Association
New York City Bar Association
Highlights, News & Knowledge
"Recovery Claims: A New Source Of University Funding,"
(May 11, 2016).
Authors: Laurel Pyke Malson, Daniel A. Sasse, Chiemi Suzuki, and Kathryn L. Clune.
"The Long and Winding Road for BIOSIMILARS: Charting a Pathway through Patent, FDA, Antitrust, Prescription Filling, Reimbursement and Liability Law,"
Bloomberg BNA Pharmaceutical Law & Industry Report
(September 18, 2015).
Authors: Chiemi Suzuki, Deborah H. Yellin, Barbara H. Ryland, Lauren B. Patterson, and John Fuson.
"The Federal Circuit Seeks to Rein in Inequitable Conduct in Therasense,"
BNA's Pharmaceutical Law & Industry Report
(July 1, 2011).
Co-Authors: James K. Stronski and Chiemi Suzuki.
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