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Erica R. Sutter

Associate
Litigation

Erica Sutter is an experienced patent and antitrust attorney with extensive experience representing clients in high-stakes disputes and regulatory matters. She advises companies across a range of industries—including pharmaceuticals, medical devices, design tools, health insurance, and emerging startups—on complex issues at the intersection of competition and intellectual property law.

Erica’s antitrust practice encompasses merger litigation, private plaintiff litigation, class action defense, and challenges involving pharmaceutical patent settlements. She also counsels clients on U.S. and cross-border transactions, including compliance with the Hart-Scott-Rodino Act and related international filings. In addition, she has represented third-party stakeholders in civil antitrust litigation and in FTC administrative (“Part 3”) proceedings.

Antitrust Experience

  • Representing Urbint in its pending $325M acquisition by Itron.
  • Advised Chinook Therapeutics in its successful $3.5B acquisition by Novartis.
  • Representation of cloud-based mortgage capital markets company as a third party in FTC “Part 3” administrative proceeding and related district court litigation.
  • Representation of large music industry company against antitrust claims under both federal and state law. The Court dismissed all claims against the client.
  • Successful defense of convenience store retail analytics company against federal and state antitrust claims—including monopolization, conspiracy to restrain trade, and exclusive dealing allegations—as well as other state law claims pertaining to allegations of unfair competition. Briefed and argued motion to dismiss resulting in dismissal of all claims against client. (19-cv-00455 (D. Conn.)) On appeal, plaintiff ultimately agreed to withdraw its appeal and dismiss all claims against client, with prejudice, prior to any appellate briefing.
  • Represented one of the nation’s largest health insurers in its defense against the U.S. Department of Justice’s lawsuit to block the then-largest merger ever in the health insurance industry. Erica was a member of the trial team defending the insurance company in the District Court and was also a member of the team representing the company on its expedited appeal to the D.C. Circuit and subsequent petition for writ of certiorari to the U.S. Supreme Court.
  • Member of team representing a global pharmaceutical company in an antitrust action involving “reverse-payment” claims pertaining to an earlier patent litigation settlement.
  • Member of team representing a Fortune 100 manufacturer in multidistrict litigation involving alleged price-fixing and output restrictions.

Patent Experience

  • Representation of UCB Inc. and UCB Biopharma Sprl in district court litigation and before the Patent Trial and Appeal Board relating to its patent concerning the drug Xyzal®. UCB successfully obtained a stipulation of infringement in the district court and the later PTAB ruled in favor of UCB on all grounds. Subsequently, Apotex voluntarily dismissed its appeal before the Federal Circuit and stipulated to a permanent injunction in the district court.
  • Representing Novo Nordisk Inc. and Novo Nordisk A/S in multiple patent litigations regarding Victoza®, Saxenda®, and Ozempic® and their FlexPen® and FlexTouch® injection devices.
  • Representation of Pharmacosmos A/S and Pharmacosmos Therapeutics in patent litigation relating to treatment of iron deficiency anemia.

*Includes experience from a previous firm