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Litigation Department Co-chair
Wendy is co-chair of the firm's Litigation Department, where she oversees the department's strategy, culture, and talent.
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Proven Trial Leadership and Results
She is a trial lawyer focused on high-stakes litigation in cutting-edge life sciences matters, spanning pharmaceuticals, biotechnology, and foodtech disputes. She has led teams through all phases of litigation, from pre-litigation through trial and appeal.
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Deep Scientific Fluency and Courtroom Experience
Wendy has represented clients in litigation matters involving various technologies and processes, including biotechnology, biosimilars, pharmaceuticals, food science, medical devices, medical methods, trademarks, and trade secrets. She has significant experience in Hatch-Waxman patent litigation and related client counseling, including pre-litigation strategy.
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Industry Recognition
Wendy was named “Hatch-Waxman Litigator of the Year (Generic)” and shortlisted for “Women Patent Attorney of the Year (United States)” as part of the 2026 LMG Life Sciences Awards. In addition, she was named among Lawdragon’s “500 Leading Global IP Lawyers” and “500 Leading Litigators in America” from 2025-2027 and named among the Daily Journal’s “Top Intellectual Property Lawyers” in 2024 and 2025.
Wendy Lynn Devine focuses her practice on civil litigation with a specialization in patent litigation and counseling. Leveraging the combination of her significant legal and scientific skills, she has successfully counseled and represented clients in matters involving various technologies and processes, including biotechnology, biosimilars, pharmaceuticals, food science, medical devices, medical methods, trademarks, and trade secrets. Her clients rely on her deep experience and ability to quickly grasp complex and cutting-edge issues. Her diverse industry and scientific subject-matter experience informs her ability to foster highly productive collaborations within a client’s key functions, from scientists and product developers to senior executives and board members.
Wendy has significant experience in Hatch-Waxman patent litigation and related client counseling, from advising on strategy in anticipation of litigation or drafting key briefs in high-stakes trial court matters to devising long-term strategies for crafting test cases designed to shape the law. Pharmaceutical patent litigation is a key part of balancing research and innovation with access to affordable medications, and Wendy’s work for prominent companies on both sides is extensive. She has represented clients in litigations in several jurisdictions, including the U.S. Court of Appeals for the Federal Circuit; Southern, Northern, and Central Districts of California; District of Delaware; Northern District of Illinois; District of New Jersey; Southern District of New York; Eastern District of North Carolina; District of South Carolina; Eastern District of Texas; Northern District of West Virginia; Western District of Wisconsin; and the San Diego Superior Court. She routinely argues motions and examines fact and expert witnesses, both in deposition and at trial. Wendy was recently recognized as “Hatch-Waxman Litigator of the Year (Generic)” by LMG Life Sciences.
Prior to joining the firm in 2006, Wendy acquired an extensive scientific background at the University of California, Davis. Her work included laboratory research focused on high-performance liquid chromatography (HPLC), genetic sequencing, animal husbandry, histology, and physiology. Wendy maintains a strong interest in working with her clients in the area of agricultural sciences.
Wendy serves in multiple leadership roles, including as co-chair of the Litigation Department and as a member of the firm's Partner Nominating Committee and Diversity Committee. In addition, she is a strong advocate for and participant in the firm’s pro bono legal program and has been recognized for her advocacy. Wendy is also an active participant in the firm’s biennial Women’s Leadership Summit, an event designed to build attendees’ leadership, mentoring, and relationship skills and encourage them to implement the best strategies to grow and enhance their careers.
Wendy Lynn Devine focuses her practice on civil litigation with a specialization in patent litigation and counseling. Leveraging the combination of her significant legal and scientific skills, she has successfully counseled and represented clients in matters involving various technologies and processes, including biotechnology, biosimilars, pharmaceuticals, food science, medical devices, medical methods, trademarks, and trade secrets. Her clients rely on her deep experience and ability to quickly grasp complex and cutting-edge issues. Her diverse industry and scientific subject-matter experience informs her ability to foster highly productive collaborations within a client’s key functions, from scientists and product developers to senior executives and board members.
Wendy has significant experience in Hatch-Waxman patent litigation and related client counseling, from advising on strategy in anticipation of litigation or drafting key briefs in high-stakes trial court matters to devising long-term strategies for crafting test cases designed to shape the law. Pharmaceutical patent litigation is a key part of balancing research and innovation with access to affordable medications, and Wendy’s work for prominent companies on both sides is extensive. She has represented clients in litigations in several jurisdictions, including the U.S. Court of Appeals for the Federal Circuit; Southern, Northern, and Central Districts of California; District of Delaware; Northern District of Illinois; District of New Jersey; Southern District of New York; Eastern District of North Carolina; District of South Carolina; Eastern District of Texas; Northern District of West Virginia; Western District of Wisconsin; and the San Diego Superior Court. She routinely argues motions and examines fact and expert witnesses, both in deposition and at trial. Wendy was recently recognized as “Hatch-Waxman Litigator of the Year (Generic)” by LMG Life Sciences.
Prior to joining the firm in 2006, Wendy acquired an extensive scientific background at the University of California, Davis. Her work included laboratory research focused on high-performance liquid chromatography (HPLC), genetic sequencing, animal husbandry, histology, and physiology. Wendy maintains a strong interest in working with her clients in the area of agricultural sciences.
Wendy serves in multiple leadership roles, including as co-chair of the Litigation Department and as a member of the firm's Partner Nominating Committee and Diversity Committee. In addition, she is a strong advocate for and participant in the firm’s pro bono legal program and has been recognized for her advocacy. Wendy is also an active participant in the firm’s biennial Women’s Leadership Summit, an event designed to build attendees’ leadership, mentoring, and relationship skills and encourage them to implement the best strategies to grow and enhance their careers.
- J.D., University of San Diego School of Law
- M.S., Animal Science, University of California, DavisEmphasis in Genetics
- B.S., Animal Science, University of California, Davis
- Honored as a “Hatch-Waxman Litigator of the Year (Generic)” winner and “Women Patent Attorney of the Year (USA)” finalist for the 2026 LMG Life Sciences Awards
- Named among Lawdragon’s "500 Leading Global IP Lawyers," 2025-2026
- Named among Lawdragon’s "500 Leading Litigators in America," 2025-2027
- Named among the Daily Journal’s 2024 and 2025 “Top Intellectual Property Lawyers”
- Recognized for her Hatch-Waxman litigation experience in the WIPR USA Patents 2024 guide, where the firm is ranked as “Recommended”
- Recognized by Patexia as one of the best-performing ANDA attorneys and most active practitioners for representing plaintiffs and defendants in its ANDA Litigation Intelligence Report
- Recipient of Wilson Sonsini’s John Wilson Award for pro bono service, 2011-2012
- Recipient of the State Bar of California’s Wiley W. Manuel Award for Pro Bono Legal Services, 2009 and 2012
- State Bar of California
- U.S. Patent and Trademark Office
- J.D., University of San Diego School of Law
- M.S., Animal Science, University of California, DavisEmphasis in Genetics
- B.S., Animal Science, University of California, Davis
- Honored as a “Hatch-Waxman Litigator of the Year (Generic)” winner and “Women Patent Attorney of the Year (USA)” finalist for the 2026 LMG Life Sciences Awards
- Named among Lawdragon’s "500 Leading Global IP Lawyers," 2025-2026
- Named among Lawdragon’s "500 Leading Litigators in America," 2025-2027
- Named among the Daily Journal’s 2024 and 2025 “Top Intellectual Property Lawyers”
- Recognized for her Hatch-Waxman litigation experience in the WIPR USA Patents 2024 guide, where the firm is ranked as “Recommended”
- Recognized by Patexia as one of the best-performing ANDA attorneys and most active practitioners for representing plaintiffs and defendants in its ANDA Litigation Intelligence Report
- Recipient of Wilson Sonsini’s John Wilson Award for pro bono service, 2011-2012
- Recipient of the State Bar of California’s Wiley W. Manuel Award for Pro Bono Legal Services, 2009 and 2012
- State Bar of California
- U.S. Patent and Trademark Office
Notable Representations
Wendy and her team have secured strategic wins in recent years for clients across the life sciences industry. Recent examples include:
- Representing Mylan Pharmaceuticals/Viatris in high-stakes civil litigation as both plaintiff and defendant, including defending against price-fixing and market allocation claims in In re Generic Pharmaceuticals Pricing Antitrust Litigation (Eastern District of Pennsylvania), one of the largest multidistrict antitrust litigations ever brought, filed by private class and non-class plaintiffs as well as dozens of state attorneys general. Wilson Sonsini serves as one of four court-appointed liaison counsel for more than 50 defendants.
- Representing Thorne HealthTech in a patent infringement litigation involving accusations by ChromaDex, Niagen, and the Queen's University of Belfast that certain Thorne HealthTech nutritional supplement products infringed their patent. (District of South Carolina)
- Representing Azurity Pharmaceuticals in patent infringement litigation defending Azurity’s intellectual property related to its Edarbyclor, Katerzia and Zonisade products. (District of Delaware)
- Representing Azurity Pharmaceuticals in patent infringement litigation defending Azurity’s intellectual property related to its Suflave and Sutab products. (District of New Jersey)
- Representing Azurity Pharmaceuticals in Hatch-Waxman patent infringement litigation related to Azurity’s generic version of Radicava. (District of New Jersey)
- Representing Bow River in patent infringement litigation defending Bow River’s intellectual property related to Vitrakvi. (District of Delaware)
- Representing Cognito in patent infringement litigation alleging infringement of several Cognito patents covering non-invasive neuromodulation technology for Alzheimer's disease. (District of Delaware)
- Represented Mylan Pharmaceuticals in its effort to bring a low-dose generic version of Bayer's Xarelto to market. Secured a win in IPR proceedings before the Patent Trial and Appeal Board invalidating a patent that purportedly protected the low-dose product until 2039, clearing a major hurdle toward launch. Wilson Sonsini then represented Mylan in a successful appeal that Wendy argued at the U.S. Court of Appeals for the Federal Circuit, affirming the PTAB's decision over the continued opposition of Bayer and Janssen Pharmaceuticals.
- Represented Mylan Pharmaceuticals in proceedings that limited where Hatch-Waxman Act patent suits over generic drugs can be filed, rejecting an argument that the suits are permitted wherever the generic product may one day be sold. Instead, the court ruled that suits can be brought only in locations that are related to the generics maker’s filing of an abbreviated new drug application (ANDA). The Federal Circuit issued a unanimous, precedential opinion and backed a federal judge’s ruling that tossed on venue grounds Valeant Pharmaceuticals and Kaken Pharmaceutical Co. Ltd.’s infringement case against our client over competing versions of an antifungal medication, Jublia.
- Represented Impossible Foods in a patent infringement litigation alleging infringement of seven Impossible Foods patents covering manufacturing processes, ingredients, and finished products relating to plant-based food containing heme and Impossible’s innovative transgenic yeast used to manufacture that heme. Successfully represented Impossible Foods in defense of six inter partes review petitions before the Patent Trial and Appeal Board in 2022 and 2023. Defeated defendant’s motion to dismiss and motion to stay the district court litigation. The matter was closely watched as the first patent infringement case in the burgeoning foodtech industry. With trial approaching, the parties resolved the matter and released a joint statement that said: “This resolution affirms Impossible Foods’ category leadership and the strength of its product portfolio related to heme.”
- Represented the EVERY Company in the dismissal of a declaratory judgment action challenging EVERY’s intellectual property related to its animal-free egg protein products. (Western District of Wisconsin)
- Represented NuVasive, a medical device manufacturer, in patent infringement litigation against a competitor that marketed devices accused of infringing NuVasive’s patents for its groundbreaking spine fusion device. (Southern District of California)
- Secured a dismissal for Spruce Biosciences in declaratory judgment litigation related to treatments for congenital adrenal hyperplasia (CAH) in a suit filed by Neurocrine Biosciences. (District of Delaware)
- Represented Azurity Pharmaceuticals in five inter partes review proceedings challenging patents held by Helsinn Healthcare covering methods and compositions for treating chemotherapy-induced nausea and vomiting. The Patent Trial and Appeal Board instituted review in all five petitions, finding a reasonable likelihood that Azurity will prevail on at least one challenged claim in each proceeding. The matter settled favorably. (Patent Trial and Appeal Board)
- Advised Azurity Pharmaceuticals on litigation issues related to its 2025 acquisition of Covis, which expanded Azurity's global presence to more than 50 countries and 800 staff worldwide.
- Represented Azurity Pharmaceuticals in several patent infringement litigations defending Azurity’s intellectual property related to its innovator, branded products, including Edarbi, Epaned, Eprontia, Firvanq, Horizant, Katerzia, Nymalize, Qbrelis, and Thyquidity. (District of Delaware, District of New Jersey)
- Represented Azurity Pharmaceuticals in several Hatch-Waxman patent infringement litigations related to Azurity’s generic versions of branded drugs, including Eliquis(apixaban) and Januvia (sitagliptin). (District of Delaware)
- Represented Azurity Pharmaceuticals in antitrust litigation regarding Azurity’s defense of its intellectual property related to its Epaned product. The matter settled favorably. (District of Delaware)
- Represented Sandoz in patent infringement litigation related to Sandoz’s generic version of Esbriet. (District of New Jersey)
- Represented Mylan Pharmaceuticals in several Hatch-Waxman patent infringement litigations relating to Mylan’s generic versions of branded drugs, including Actoplus Met (pioglitazone/metformin), Adcirca (tadalafil), Aponvie (aprepitant), Cialis (tadalafil), Cinvanti (aprepitant), Esmolol, Injectafer (ferric carboxymaltose), Jevtana(cabazitaxel), Jublia (efinaconazole), Kerydin (tavaborole), Lexiva (fosamprenavir), Restasis (cyclosporine), Revlimid (lenalidomide), Trulance (plecanatide), Vimpat (lacosamide), and Vyvanse (lisdexamphetamine). (District of New Jersey, Eastern District of Texas, District of Delaware, Northern District of West Virginia)
- Represented Mylan Institutional in patent infringement litigation defending Mylan’s intellectual property related to its innovator, branded Ultiva product. The matter settled favorably. (Northern District of Illinois)
- Represented Thorne HealthTech in patent infringement litigation involving accusations by ChromaDex, Inc. and the Trustees of Dartmouth College that certain Thorne nutritional supplement products infringed their patents. Secured dismissal following invalidation of the asserted patents. (Southern District of New York)
- Represented RxOmeg (Romeg) Therapeutics in patent litigation defending Romeg’s intellectual property related to its innovator, branded Gloperba product. (District of Delaware)
- Represented Silvergate Pharmaceuticals in Hatch-Waxman patent infringement litigation defending Silvergate’s intellectual property related to its innovator, branded Epaned Kit product. The matter settled favorably. (District of Delaware)
- Successfully defended Mylan Technologies against a motion for restraining order/preliminary injunction involving Mylan’s generic version of Minivelle, with the court’s written opinion holding in favor of Mylan on case dispositive issues. (District of Delaware)
Notable Representations
Wendy and her team have secured strategic wins in recent years for clients across the life sciences industry. Recent examples include:
- Representing Mylan Pharmaceuticals/Viatris in high-stakes civil litigation as both plaintiff and defendant, including defending against price-fixing and market allocation claims in In re Generic Pharmaceuticals Pricing Antitrust Litigation (Eastern District of Pennsylvania), one of the largest multidistrict antitrust litigations ever brought, filed by private class and non-class plaintiffs as well as dozens of state attorneys general. Wilson Sonsini serves as one of four court-appointed liaison counsel for more than 50 defendants.
- Representing Thorne HealthTech in a patent infringement litigation involving accusations by ChromaDex, Niagen, and the Queen's University of Belfast that certain Thorne HealthTech nutritional supplement products infringed their patent. (District of South Carolina)
- Representing Azurity Pharmaceuticals in patent infringement litigation defending Azurity’s intellectual property related to its Edarbyclor, Katerzia and Zonisade products. (District of Delaware)
- Representing Azurity Pharmaceuticals in patent infringement litigation defending Azurity’s intellectual property related to its Suflave and Sutab products. (District of New Jersey)
- Representing Azurity Pharmaceuticals in Hatch-Waxman patent infringement litigation related to Azurity’s generic version of Radicava. (District of New Jersey)
- Representing Bow River in patent infringement litigation defending Bow River’s intellectual property related to Vitrakvi. (District of Delaware)
- Representing Cognito in patent infringement litigation alleging infringement of several Cognito patents covering non-invasive neuromodulation technology for Alzheimer's disease. (District of Delaware)
- Represented Mylan Pharmaceuticals in its effort to bring a low-dose generic version of Bayer's Xarelto to market. Secured a win in IPR proceedings before the Patent Trial and Appeal Board invalidating a patent that purportedly protected the low-dose product until 2039, clearing a major hurdle toward launch. Wilson Sonsini then represented Mylan in a successful appeal that Wendy argued at the U.S. Court of Appeals for the Federal Circuit, affirming the PTAB's decision over the continued opposition of Bayer and Janssen Pharmaceuticals.
- Represented Mylan Pharmaceuticals in proceedings that limited where Hatch-Waxman Act patent suits over generic drugs can be filed, rejecting an argument that the suits are permitted wherever the generic product may one day be sold. Instead, the court ruled that suits can be brought only in locations that are related to the generics maker’s filing of an abbreviated new drug application (ANDA). The Federal Circuit issued a unanimous, precedential opinion and backed a federal judge’s ruling that tossed on venue grounds Valeant Pharmaceuticals and Kaken Pharmaceutical Co. Ltd.’s infringement case against our client over competing versions of an antifungal medication, Jublia.
- Represented Impossible Foods in a patent infringement litigation alleging infringement of seven Impossible Foods patents covering manufacturing processes, ingredients, and finished products relating to plant-based food containing heme and Impossible’s innovative transgenic yeast used to manufacture that heme. Successfully represented Impossible Foods in defense of six inter partes review petitions before the Patent Trial and Appeal Board in 2022 and 2023. Defeated defendant’s motion to dismiss and motion to stay the district court litigation. The matter was closely watched as the first patent infringement case in the burgeoning foodtech industry. With trial approaching, the parties resolved the matter and released a joint statement that said: “This resolution affirms Impossible Foods’ category leadership and the strength of its product portfolio related to heme.”
- Represented the EVERY Company in the dismissal of a declaratory judgment action challenging EVERY’s intellectual property related to its animal-free egg protein products. (Western District of Wisconsin)
- Represented NuVasive, a medical device manufacturer, in patent infringement litigation against a competitor that marketed devices accused of infringing NuVasive’s patents for its groundbreaking spine fusion device. (Southern District of California)
- Secured a dismissal for Spruce Biosciences in declaratory judgment litigation related to treatments for congenital adrenal hyperplasia (CAH) in a suit filed by Neurocrine Biosciences. (District of Delaware)
- Represented Azurity Pharmaceuticals in five inter partes review proceedings challenging patents held by Helsinn Healthcare covering methods and compositions for treating chemotherapy-induced nausea and vomiting. The Patent Trial and Appeal Board instituted review in all five petitions, finding a reasonable likelihood that Azurity will prevail on at least one challenged claim in each proceeding. The matter settled favorably. (Patent Trial and Appeal Board)
- Advised Azurity Pharmaceuticals on litigation issues related to its 2025 acquisition of Covis, which expanded Azurity's global presence to more than 50 countries and 800 staff worldwide.
- Represented Azurity Pharmaceuticals in several patent infringement litigations defending Azurity’s intellectual property related to its innovator, branded products, including Edarbi, Epaned, Eprontia, Firvanq, Horizant, Katerzia, Nymalize, Qbrelis, and Thyquidity. (District of Delaware, District of New Jersey)
- Represented Azurity Pharmaceuticals in several Hatch-Waxman patent infringement litigations related to Azurity’s generic versions of branded drugs, including Eliquis(apixaban) and Januvia (sitagliptin). (District of Delaware)
- Represented Azurity Pharmaceuticals in antitrust litigation regarding Azurity’s defense of its intellectual property related to its Epaned product. The matter settled favorably. (District of Delaware)
- Represented Sandoz in patent infringement litigation related to Sandoz’s generic version of Esbriet. (District of New Jersey)
- Represented Mylan Pharmaceuticals in several Hatch-Waxman patent infringement litigations relating to Mylan’s generic versions of branded drugs, including Actoplus Met (pioglitazone/metformin), Adcirca (tadalafil), Aponvie (aprepitant), Cialis (tadalafil), Cinvanti (aprepitant), Esmolol, Injectafer (ferric carboxymaltose), Jevtana(cabazitaxel), Jublia (efinaconazole), Kerydin (tavaborole), Lexiva (fosamprenavir), Restasis (cyclosporine), Revlimid (lenalidomide), Trulance (plecanatide), Vimpat (lacosamide), and Vyvanse (lisdexamphetamine). (District of New Jersey, Eastern District of Texas, District of Delaware, Northern District of West Virginia)
- Represented Mylan Institutional in patent infringement litigation defending Mylan’s intellectual property related to its innovator, branded Ultiva product. The matter settled favorably. (Northern District of Illinois)
- Represented Thorne HealthTech in patent infringement litigation involving accusations by ChromaDex, Inc. and the Trustees of Dartmouth College that certain Thorne nutritional supplement products infringed their patents. Secured dismissal following invalidation of the asserted patents. (Southern District of New York)
- Represented RxOmeg (Romeg) Therapeutics in patent litigation defending Romeg’s intellectual property related to its innovator, branded Gloperba product. (District of Delaware)
- Represented Silvergate Pharmaceuticals in Hatch-Waxman patent infringement litigation defending Silvergate’s intellectual property related to its innovator, branded Epaned Kit product. The matter settled favorably. (District of Delaware)
- Successfully defended Mylan Technologies against a motion for restraining order/preliminary injunction involving Mylan’s generic version of Minivelle, with the court’s written opinion holding in favor of Mylan on case dispositive issues. (District of Delaware)
Select Speaking Engagements
- Presenter, “The Litigator’s Perspective,” Pharmaceutical and BioScience Society (PBSS), February 6, 2025
- Moderator, “Aligning Innovation, Regulation, and IP Protection,” Life Sciences Patent Network (LSPN) Fall Meeting, October 15, 2024
Select Speaking Engagements
- Presenter, “The Litigator’s Perspective,” Pharmaceutical and BioScience Society (PBSS), February 6, 2025
- Moderator, “Aligning Innovation, Regulation, and IP Protection,” Life Sciences Patent Network (LSPN) Fall Meeting, October 15, 2024
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