Evan Sumner is an associate in the Intellectual Property Practice Group in the firm's San Diego (Del Mar) office.
Areas of Practice
Evan focuses his practice on patent litigation, post-grant proceedings, and strategic IP portfolio development and counseling in the areas of pharmaceuticals, biologics, and medical devices.
Evan is experienced in Hatch-Waxman litigation, and leverages his technical background in pharmacology to effectively represent pharmaceutical companies in complex ANDA cases.
Evan is a registered patent attorney and represents clients before the U.S. Patent and Trademark Office, drafting and prosecuting patent applications directed towards various biomedical and pharmaceutical technologies.
While pursuing his Ph.D., Evan focused his research on preparing and testing various pharmaceutical compositions for the treatment of gastrointestinal cancers. His technical experience includes pharmacology, cellular and molecular biology, chemistry, and drug design.
Patent Litigation Matters
- Lundbeck A/S et al v. Lupin Limited, et al., No. 1:18-cv-00088-LPS (D. Del.). Represents generic drug manufacturer, Alembic Pharmaceuticals, in an ANDA dispute against Lundbeck and Takeda involving the drug Trintellix.
- Wyeth LLC et al. v. Alembic Pharmaceuticals et al., No. 1:16-cv-01305-RGA (D. Del.). Represented generic drug manufacturer, Alembic Pharmaceuticals, in an ANDA dispute against Wyeth and Pfizer involving the drug Bosulif.
IP and Other Litigation Matters
- San Diego County Credit Union v. Citizens Equity First Credit Union, Case No. 3:18-cv-00967-GPC-MSB (S.D. Cal.). Represents San Diego County Credit Union in a trademark dispute against Citizens Equity First Credit Union involving the parties’ taglines for IT’S NOT BIG BANK BANKING. IT’S BETTER. and CEFCU. NOT A BANK. BETTER.
- Atara Biotherapeutics, Inc. v. Allogene Therapeutics, Inc., Opposition Nos. 91247175 and 91247177 (T.T.A.B.). Represents Atara Biotherapeutics in trademark oppositions against Allogene Therapeutics involving whether the terms AUTOCAR T and ALLOCAR T are protectable as trademarks.
Inter Partes Review Matters
- Snap Inc. v. Pixmarx IP LLC, Nos. IPR2021-00140, IPR2021-00141, IPR2021-00142, IPR2021-00143, IPR2021-00232, and IPR2021-00233. Represented Petitioner Snap in six IPRs filed against Pixmarx’s patents relating to embedding an overlay in a digital photograph and asserted to cover the Snapchat mobile app. Settled before the patent owner preliminary responses were filed.
Patent Prosecution Clients
- Advanced Infusion Solutions, California Institute of Technology, ChromaCode, and Illumina.
- Suing for Patent Infringement if the Government Takes Your Intellectual Property During the COVID-19 PandemicIPWatchdog, 04.24.2020
- Law360, 04.21.2020
FDA Law Update Blog Posts
- "April 16 Update: Key FDA Actions for COVID-19 Devices and Therapies," April 16, 2020
- "Update: Key FDA Actions for COVID-19 Devices and Therapies," April 8, 2020
Intellectual Property Law Blog
J.D., University of San Diego, 2019
Ph.D., Pharmacology/Toxicology, VCU Medical School, 2016
B.S., Biology, Virginia Tech, 2010, magna cum laude
- United States Patent and Trademark Office