Lauren Fornarotto is a Principal in the New York office of McKool Smith. Lauren focuses on intellectual property and complex commercial litigation, including actions in District Court, the Court of Appeals for the Federal Circuit, and the International Trade Commission. She has handled matters that include patent litigation relating to chemicals, pharmaceuticals, biotechnology, medical devices, software, and mobile devices; Hatch-Waxman ANDA litigation; pharmaceutical and medical device antitrust litigation; and breach of settlement and license agreement actions. Lauren has extensive experience in all aspects of litigation, including pre-suit investigation, discovery, motion practice, trial, post-trial briefing, and appeal.
Lauren is also registered to practice before the U.S. Patent and Trademark Office and represents clients in inter partes review (IPR) proceedings before the Patent Trial and Appeal Board. Lauren recently represented pharmaceutical clients Sanofi and Regeneron as lead counsel in an IPR proceeding, arguing the IPR hearing and the appeal to the Federal Circuit, and successfully invalidating all claims of an Immunex/Amgen-owned patent that was the subject of district court litigation against Sanofi and Regeneron’s novel biologic Dupixent®.
Prior to joining the firm, Lauren was a litigation associate at Cravath, Swaine & Moore LLP. During law school, Lauren was an Alexander Fellow, serving as a law clerk for the Honorable Colleen McMahon at the U.S. District Court for the Southern District of New York, where she researched and drafted opinions on various matters, including patent infringement and copyright infringement.
Before attending law school, Lauren worked as a chemical process engineer at ABB Lummus Global Inc. (now known as Lummus Technology), where she designed chemical conversion processes for oil refineries and ethylene plants. Lauren also worked as a chemical engineering intern at Merck & Co. Inc. as an undergraduate student.
- Sanofi & Regeneron v. Immunex & Amgen. Representation of Sanofi entities and Regeneron Pharmaceuticals in district court patent infringement litigation regarding their novel biologic Dupixent®, and related inter partes review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB) of the USPTO challenging a patent held by Immunex/Amgen claiming antibodies that target human interleukin-4 receptor. Secured wins for Sanofi and Regeneron at the PTAB and the Federal Circuit, which affirmed the PTAB’s determination that all claims of Immunex/Amgen’s patent are invalid.
HOYA v. Alcon. Representation of HOYA entities in patent litigation against Alcon relating to HOYA’s patents covering methods and apparatuses for intraocular lens (IOL) insertion.
Fisher-Rosemount Systems & Emerson v. ABB. Representation of ABB entities in defensive patent litigation relating to process control systems.
RSA Protective Technologies v. AECOM. Representation of AECOM in defensive patent litigation relating to shallow mount bollards.
SEVEN Networks v. Apple. Representation of SEVEN Networks in patent litigation involving Apple mobile products and services alleged to infringe sixteen patents owned by SEVEN Networks.
- MUSC Foundation for Research Development & Charleston Medical Therapeutics v. AstraZeneca. Representation of MUSC and Charleston Medical Therapeutics in patent infringement action regarding use of the pharmaceutical Crestor® to treat inflammation.
- Washington & Sunday Players v. Kellwood. Representation of Washington and Sunday Players in breach of license agreement action.
- Unwired Planet v. Apple. Representation of Unwired Planet in patent infringement lawsuit regarding mobile device technologies.
- Red Lion Medical Safety v. General Electric Company. Representation of plaintiff independent service organizations in antitrust action involving competition in the market for GE anesthesia machines.
- Ericsson v. Apple. Representation of Ericsson in global patent infringement dispute regarding standard essential and implementation patents related to LTE wireless technology.
- Ericsson v. Samsung. Representation of Ericsson in patent infringement dispute regarding standard essential and implementation patents related to wireless and mobile device technologies.
Prior to joining McKool Smith:
- 3M v. DuPont. Representation of DuPont in patent litigation regarding patents for removing fluorosurfactant from fluoropolymer dispersions.
- PDL BioPharma v. Genentech & Hoffmann-La Roche. Representation of Genentech and Roche in litigation alleging breach of settlement agreement relating to patents involving methods of making humanized antibodies.
- Amgen v. ARIAD Pharmaceuticals, Harvard, MIT & Whitehead Institute. Representation of ARIAD and its academic partners in patent litigation regarding patents for modulating the expression of NF-kB, a cellular signaling molecule.
- GlaxoSmithKline v. Barr. Representation of GlaxoSmithKline in patent litigation involving patents related to the pharmaceutical Avodart®.
Rankings & Honors
- Recognized as a "Rising Star" in New York by Super Lawyers, 2014-2020
- Recognized as a leading lawyer in Patent Litigation by The Legal 500, 2020
Community & Professional Activities
- American Bar Association
- New York Intellectual Property Law Association: member of the Patent Litigation Committee and Women in IP Law Committee
Media & Events
- Media Coverage: McKool Smith Secures Federal Circuit Win for Sanofi and Regeneron in Patent Dispute Against Amgen-Subsidiary Immunex10.14.2020
- Lauren Fornarotto featured in Law360 article “Immunex Faces Skeptical Fed. Circ. In Antibody Patent Fight"08.06.2020
- Lauren Fornarotto Provides Commentary to Bloomberg Law regarding "Merck's Patent Loss to Gilead May Have Big Impact on Drugmakers"10.31.2019
J.D., summa cum laude, Benjamin N. Cardozo School of Law, 2009
B.E., Chemical Engineering, The Cooper Union for the Advancement of Science and Art, 2004
- Hon. Colleen McMahon, U.S. District Court, Southern District of New York
- State of New York
- State of New Jersey
- The U.S. District Court for the Southern District of New York
- The U.S. District Court for the District of New Jersey
- The U.S. District Court for the Northern, Southern, and Eastern Districts of Texas
- The U.S. Court of Appeals for the Federal Circuit
- The U.S. Court of Appeals for the Second Circuit
- The U.S. Patent and Trademark Office