Michelle Ernst is an associate in the New York office of Latham & Watkins and a member of the Intellectual Property Litigation Practice. Ms. Ernst's practice focuses on patent litigation, with an emphasis on the pharmaceutical and biotechnology industries. Ms. Ernst has represented brand-name pharmaceutical clients from the pre-litigation stage through trial in various federal district courts and appeals to the Federal Circuit, as well as in inter partes and post-grant review proceedings before the US Patent and Trademark Office.

Ms. Ernst has also litigated patent cases across a variety of other industries, including medical devices, consumer electronics, graphics processing, and computer software, as well as trade secret, trademark, copyright, and commercial business cases.

Ms. Ernst received her BS in Genetics summa cum laude. Prior to law school, she was a cancer cytogeneticist and conducted cancer research as a Fulbright scholar in Singapore.

Ms. Ernst’s experience includes:

  • Cephalon & Eagle Pharmaceuticals v. Slayback Pharma – Represented Eagle in Hatch-Waxman patent litigation concerning Eagle’s Bendeka® oncology product. Patents found valid and infringed.
  • Neptune Generics v. Corcept Therapeutics – Represented Corcept in defending against Neptune’s challenge to a patent covering its Korlym® drug product. PTAB found that Neptune failed to prove that any of the challenged claims were unpatentable.
  • Mallinckrodt Pharmaceuticals v. B. Braun Medical – Represented Mallinckrodt in Hatch-Waxman patent litigation concerning Mallinckrodt’s Ofirmev® injectable acetaminophen product. Matter settled favorably.
  • Merck Sharp & Dohme v. Warner Chilcott – Represented Merck in Hatch-Waxman patent litigation involving Merck’s NuvaRing® contraceptive product.*
  • Janssen Pharmaceutica NV v. Mylan Labs – Represented Janssen Pharmaceutica N.V. (Johnson & Johnson) in Hatch-Waxman patent litigation concerning Dyloject®, an injectable nonsteroidal anti-inflammatory drug.*
  • Stiefel Labs v. Perrigo Israel Pharms – Represented Stiefel Laboratories, a GSK Company, in Hatch-Waxman patent litigation involving OLUX-E®, a topical corticosteroid for the treatment of psoriasis and atopic dermatitis.*
  • Celgene Corp. v. Fresenius Kabi – Represented Celgene in Hatch-Waxman patent litigation involving Istodax®, an injectable used to treat patients with T-cell lymphoma.*

*Matter handled prior to joining Latham

Bar Qualification

  • New Jersey
  • New York

Education

  • J.D., Benjamin N. Cardozo School of Law, Yeshiva University, 2011
  • BS, University of Connecticut, 2005
    summa cum laude