Erica Sutter is an experienced patent and antitrust attorney with a passion for learning about her clients’ technologies and industries. As a litigator, she has substantial experience in all phases of trial litigation, as well as at the appellate level. Beyond litigation, Erica also regularly advises clients on general antitrust and patent issues. Recent areas of focus include pharmaceuticals, medical devices, design tools, health insurance, and startups.
Erica’s antitrust litigation experience includes representing clients in merger litigation, class action price-fixing litigation, and antitrust challenges arising out of settlement agreements from prior pharmaceutical patent cases. She also counsels clients throughout US and cross-border transactions, including in connection with the US Hart-Scott-Rodino Act and international filings. Erica has also served as an advocate for clients who are third parties in civil antitrust litigation and in FTC “Part 3” administrative proceedings.
Erica’s patent litigation experience focuses on pharmaceutical patents, particularly in “Hatch-Waxman” litigation, and involves representing clients both in district court litigation and proceedings before the United States Patent Trial and Appeal Board.
By maintaining an active antitrust and patent practice, Erica is well positioned to advise clients on the issues that occur at the cross-roads of these two areas of law.
Prior to joining Fenwick & West, Erica was an associate in the global competition and antitrust group of a leading international law firm. She also previously worked at bio-fabrication startup Modern Meadow, where her responsibilities included liaising with outside counsel on the company’s patent and trademark applications. As an undergraduate, Erica was also involved in research relating to stem cells, including induced pluripotent stem cells, at North Carolina State University College of Veterinary Medicine and at the University College London.
While maintaining her full-time practice, Erica most recently obtained her Masters in Animal Science from North Carolina State University. During that time, to better serve her clients, she specifically sought out courses such as: Regulation of Metabolism, Global Regulatory Affairs for Medical Products, Neurobiology, and Cancer Biology.
During law school, she was an editor for both the Santa Clara Law Review and the Santa Clara High Technology Journal.