Shon Lo is an experienced and effective litigator. Shon’s trial experience encompasses all aspects of intellectual property infringement actions, but she has particular experience in representing biotech and pharmaceutical companies in patent litigation, including matters arising under the Hatch Waxman Act. Shon is a registered patent attorney and conducts patent and trademark opinion work, counseling, and prosecution. She also conducts due diligence supporting corporate transactions. Shon’s clients and technical proficiency span many industries and sectors, including biotech, pharmaceuticals, medical devices, high-tech, entertainment, food products, consumer products, and household fixtures.
Shon has represented companies in district court litigation and appeals in well over two dozen patent, trademark and copyright infringement actions in the past ten years. Shon’s advocacy on behalf of generic and branded pharmaceutical companies and biotech companies has involved products including Dupixent®, Repatha®, Praluent®, Sernivo®, Toviaz®, Nuvigil®, Clindesse®, Rapaflo®, Doribax®, Remodulin®, Taclonex®, Dovonex®, MetroGel®, OrthoTriCyclen Lo®, and others. Shon particularly enjoys advising clients about the patent, regulatory, and antitrust issues that arise in the context of pharmaceutical product development and subsequent litigation.
Shon began conducting research as an undergraduate and continued as a research technician and graduate student in various laboratories in the fields of molecular, cellular, and developmental biology and neurobiology at MIT, Stanford and the University of Chicago. In the course of her prior career as a scientist, Shon co-authored several scientific articles, including an article published in Science magazine.
Additionally, Shon has cultivated a pro bono practice focused on immigration law, and has also assisted authors, artists, and nonprofit companies obtain and protect their intellectual property rights. She is conversant in Mandarin.
Lead counsel representing the defendant in district court litigations concerning Sernivo® in Promius Pharma LLC v. Perrigo et al. (E.D. Tex.) and Promius Pharma LLC v. Taro Pharmaceuticals Inc. (S.D.N.Y).
Co-lead counsel for a large, cross-practice team defending an academic medial hospital and physician-researcher against patent infringement, breach of contract, unjust enrichment, and tortious interference claims in district court litigation concerning cancer immunotherapies in Immunomedics, Inc. v. Roger Williams Medical Center, et al. (D.N.J.). Shon’s strategic insight, mastery of legal nuances, and investigative drive uncovered facts supporting inequitable conduct, Walker Process fraud, and sham litigation counterclaims. The addition of these antitrust counterclaims led directly to a favorable settlement in which plaintiff dropped its demands for milestone payments and royalties that could have totaled hundreds of millions of dollars and significantly impeded the development of the accused CAR T-cell therapy.
Co-lead counsel for plaintiff in a copyright infringement action involving unauthorized distribution of reproductions of plaintiff’s portraits in Jesus Muhammad-Ali v. Final Call, Inc. (N.D. Ill.). The record Shon developed at trial ultimately produced the highest statutory damages for copyright infringement awarded in the Northern District of Illinois at the time.
Represented plaintiff in district court litigation concerning a blockbuster monoclonal antibody for treatment of allergic diseases in Immunex Corp. v. Sanofi et al. (C.D. Cal.). Shon’s work in this case included successful motion practice on discovery issues that helped rebuff an early motion for summary judgment of indefiniteness.
Represented the defendant in district court litigation concerning pool floats in SwimWays Corp. & Kelsyus LLC v. Bestway (USA), Inc. (E.D. Va.). Shon’s efforts in this case included taking over e-data discovery from prior counsel, organizing and expediting that discovery to meet aggressive court deadlines, and successful motion practice on discovery issues. Shortly after fact and expert discovery was completed in the span of two months, Bestway was able to negotiate a favorable settlement with its competitor.
Led team representing the plaintiff in district court litigation concerning Clindesse® in Elan Pharma Int’l Ltd. v. Actavis Labs. UT, Inc. (D. Del.). Achieved favorable settlement early in fact discovery.
Represented the defendant in district court litigation and trial concerning Toviaz® in Pfizer, Inc. & UCB Pharma v. Alkem, Inc., et al. (D. Del.). Shon’s leadership and management skills were honed in this multi-defendant case. Based on her knowledge of the facts and strategic and legal insights, she emerged as a leader in a joint defense group involving ten law firms through discovery, trial, and post-trial briefings.
Represented the defendant in district court litigation and in an appeal to the US Circuit Court of Appeals for the Federal Circuit concerning Nuvigil® in In re Armodafinil (D. Del.). Shon emerged as a go-to attorney in the joint defense group throughout discovery and particularly at trial. Sandoz reached a favorable settlement with plaintiff shortly after appellate argument.
Represented the defendant in district court litigations concerning Dovonex® and Taclonex® in Leo Pharma A/S v. Tolmar, Inc. (D. Del.). Defendant Tolmar was the first-to-file generic applicant for both products, and success was crucial. During discovery, Shon’s tireless letter-writing campaign cumulated in plaintiff dismissing one of its infringement claims after receiving a Rule 11 letter. Shon’s deposition of the lead inventor of one of the patents-in-suit was so effective that plaintiff elected not to bring him to trial. At trial, Shon devised a demonstrative that led the opposing expert to concede he could not differentiate between allegedly infringing and non-infringing samples of Tolmar’s product. Shon also assisted in negotiating a favorable settlement that was signed just prior to a ruling from the district court.
Represented the defendant in district court litigation concerning MetroGel® in Galderma Labs, LP v. Tolmar, Inc. (N.D. Texas). Defendant Tolmar was the first-to-file generic applicant for this product. Shon deposed the inventor and took the lead in working with the technical expert. Her insight that plaintiff’s infringement theory was fundamentally flawed and indeed demonstrated that infringement was impossible led to a favorable settlement immediately after briefing on plaintiff’s motion for preliminary injunction.
Represented a national chain of photo studios in trademark infringement litigation; achieved a favorable settlement for the client on the first day of trial in Picture Me Press v. CPI Corp. (N.D. Ohio).
Represented the defendant in patent infringement and breach of contract litigation in Spoilage Cutter Co. v. World Kitchen (N.D. Ill.); the case was decided in the client’s favor on summary judgment.
University of Chicago Law School, 2007, J.D.
University of Chicago, 2003, M.S., Neurobiology
Massachusetts Institute of Technology, 1996, B.S., Biology
US Court of Appeals for the Federal Circuit
US Court of Appeals for the Tenth Circuit
US District Court for the Northern District of Illinois
US Patent and Trademark Office
Awards and Affiliations
Member, Practice Group of the Year, Intellectual Property, Law360 (2019)
Member, Litigation Department of the Year–Intellectual Property, The American Lawyer (2019)
Member, National Asian and Pacific American Bar Association