Meg E. Fasulo

Meg Fasulo is a trial lawyer whose practice focuses on high-stakes patent litigation. She represents clients across a broad range of industries, including pharmaceuticals, medical devices, and computer technology.

She has been nationally recognized for her achievements in the courtroom. She was included on Benchmark Litigation’s “40 & Under List” and was recognized two years running as a BTI Client Service All-Star. She was also named in the Inaugural Lawdragon 500 Leading Global IP Lawyers.

Meg clerked for the Honorable Leonard P. Stark of the United States District Court for the District of Delaware and for the Honorable Richard G. Taranto of the United States Court of Appeals for the Federal Circuit.

She received her J.D. with honors from the University of Chicago Law School, where she was an Articles Editor of The University of Chicago Law Review. Meg received her Ph.D. in Chemistry from the University of California at Berkeley and her B.S. in Chemistry and Microbiology summa cum laude from Kansas State University.

Cases Tried or Otherwise Taken to Judgment

General Access v. T-Mobile (E.D. Tex.)
Trial counsel in a patent infringement case against T-Mobile in Marshall, Texas.

General Access v. Verizon (E.D. Tex.)
Trial counsel in a patent infringement case against Verizon in Marshall, Texas. The parties entered into a confidential settlement during the retrial.

Colibri Heart Valve, LLC v. Medtronic CoreValve LLC (U.S. District Court, C.D. Cal.)
Trial counsel in a patent infringement case in the United States District Court for the Central District of California. The trial team obtained a $106.5 million verdict for their client, Colibri Heart Valve. After a one-week trial and five hours of deliberation, the jury returned a verdict finding that the defendant Medtronic CoreValve induced infringement of Colibri’s patent and failed to prove that the claims of the patent in question were invalid.

Adverio Pharma GMBH et al. v. Alembic Pharmaceuticals, Ltd. et al. (D. Del.)
Trial counsel for plaintiffs in Hatch-Waxman litigation relating to Bayer's Adempas® (riociguat) product. Case settled during trial.

Current Representations

Viasat, Inc. v. Western Digital Technologies, Inc. v. Kioxia Corp. (W.D. Tex.)
Trial counsel for Viasat in patent infringement cases related to SanDisk's and Kioxia's flash memory products. Argued a Federal Circuit appeal that upheld the validity of Viasat's forward error correction patent, clearing the way for the Kioxia case to proceed to trial. Jury awarded $229 million in the case against Kioxia after finding that Kioxia's flash memory products infringed Viasat's forward error correction patents. The SanDisk case is pending.

Kioxia v. Viasat (PTAB)
Lead IPR counsel for petition filed by Kioxia. The PTAB found all challenged claims to be not unpatentable, and the Federal Circuit affirmed. 

Other Representative Cases

Cipla v. Gilead Sciences (PTAB)
Lead IPR counsel for petition filed by Cipla regarding Gilead’s Biktarky product for the treatment of HIV. Successfully defeated institution

Northwestern University v. Universal Robots, et al. (D.Del. and N.D. Ill.)
Counsel for Northwestern University in a series of patent infringement cases against the manufacturers of certain industrial robots that were invented at Northwestern University in the research laboratories of Drs. Michael A. Peshkin and J. Edward Colgate. The asserted patents—U.S. Patent Nos. 6,928,336, 6,907,317, and 7,120,508—claim groundbreaking work on intelligent assist systems known as collaborative robots or “cobots,” programmable robotic devices that can safely interact with human operators in a shared workspace. Five cases settled favorably; one case proceeded to trial.

Regents of the University of Minnesota v. Gilead Sciences, Inc., (N.D. Cal., PTAB, Fed. Cir.)
Counsel for Gilead in patent infringement litigation related to Gilead’s hepatitis C treatments. The Patent Trial and Appeal Board instituted an inter partes review and ruled that U.S. Patent No. 8,815,830 was anticipated by Gilead’s disclosure of the compound sofosbuvir. The Federal Circuit affirmed.

Align Technology, Inc. v. 3Shape A/S (W.D. Tex.)
Counsel for Align Technology (maker of the popular Invisalign system) in patent litigation related to intraoral scanner technology.

ViiV Healthcare v. Gilead Sciences, Inc. (D. Del.)
Counsel for Gilead in patent infringement case related to Gilead's Biktarvy HIV treatment. 

UroPep v. Eli Lilly (Fed. Cir.)
Appellate counsel for UroPep, securing a plaintiff verdict in a patent infringement jury trial concerning Eli Lilly's sales of Cialis to treat benign prostatic hyperplasia (BPH).