Joanna M. Fuller
Overview
Joanna Fuller is a senior counsel based in Crowell & Moring’s Orange County office in the Antitrust and Competition Group. Joanna’s practice includes handling complex antitrust matters including those intersecting with science and technology and representing pharmaceutical and high-tech clients in patent matters nationwide. Joanna’s cases have touched on a wide range of technology, including pharmaceuticals, medical software, materials science, mobile telecom, network security, encryption, audio and video encoding, and GPS technology.
Career & Education
- U.S. Court of Appeals for the Ninth Circuit
Law Clerk, Honorable David R. Thompson, 2009 – 2010
- U.S. Court of Appeals for the Ninth Circuit
- University of California, Berkeley, B.S., With High Honors, Phi Beta Kappa, Chemical Engineering, 1996
- University of San Diego School of Law, J.D., Magna cum Laude, Order of the Coif, 2009
- California
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court for the Southern District of California
- U.S. District Court for the Central District of California
- U.S. District Court for the Northern District of California
Professional Activities and Memberships
- Federal Bar Association, San Diego Chapter
- San Diego County Bar Association
- Lawyers Club of San Diego
- ATHENA San Diego
Joanna's Insights
Client Alert | 3 min read | 11.16.23
On November 7, 2023, the Federal Trade Commission (“FTC”) announced it is challenging over 100 patents as improperly listed in the Food and Drug Administration’s (“FDA”) publication titled “Approved Drug Products with Therapeutic Equivalence Evaluations,” which is commonly known as the Orange Book. The FTC sent warning letters to ten drug and medical device manufacturers identifying patents for inhalers, autoinjectors and anti-inflammatory multi-dose bottles that the FTC believes are improperly listed. In the letters, the FTC indicated it is using the FDA’s regulatory dispute process to challenge the listing of these patents in the Orange Book because improperly listing patents may violate antitrust laws and impede competition. The FTC’s actions appear to be consistent with its recent and increased scrutiny of the healthcare and pharmaceutical industries.
Representative Matters
- Defended numerous multinational technology companies in patent litigations and successfully knocked out tens of millions of dollars in potential damages by identifying and developing marking, license, and exhaustion defenses.
- Defended an international smart device corporation in patent litigation, and briefed and argued two claim construction positions that lead directly to one invalidity determination, one narrowed construction, and the plaintiff’s offer to drop these patents.
- Contributed to numerous winning teams on both offensive and defensive sides, including for leading smart device corporations, a groundbreaking non-profit research institute, inventors of innovative greenhouse water technology, and inventors of a leading energy technology company regarding innovative thermal management solutions.
Joanna's Insights
Client Alert | 3 min read | 11.16.23
On November 7, 2023, the Federal Trade Commission (“FTC”) announced it is challenging over 100 patents as improperly listed in the Food and Drug Administration’s (“FDA”) publication titled “Approved Drug Products with Therapeutic Equivalence Evaluations,” which is commonly known as the Orange Book. The FTC sent warning letters to ten drug and medical device manufacturers identifying patents for inhalers, autoinjectors and anti-inflammatory multi-dose bottles that the FTC believes are improperly listed. In the letters, the FTC indicated it is using the FDA’s regulatory dispute process to challenge the listing of these patents in the Orange Book because improperly listing patents may violate antitrust laws and impede competition. The FTC’s actions appear to be consistent with its recent and increased scrutiny of the healthcare and pharmaceutical industries.
Joanna's Insights
Client Alert | 3 min read | 11.16.23
On November 7, 2023, the Federal Trade Commission (“FTC”) announced it is challenging over 100 patents as improperly listed in the Food and Drug Administration’s (“FDA”) publication titled “Approved Drug Products with Therapeutic Equivalence Evaluations,” which is commonly known as the Orange Book. The FTC sent warning letters to ten drug and medical device manufacturers identifying patents for inhalers, autoinjectors and anti-inflammatory multi-dose bottles that the FTC believes are improperly listed. In the letters, the FTC indicated it is using the FDA’s regulatory dispute process to challenge the listing of these patents in the Orange Book because improperly listing patents may violate antitrust laws and impede competition. The FTC’s actions appear to be consistent with its recent and increased scrutiny of the healthcare and pharmaceutical industries.
