Sharon K. Gagliardi
Counsel | Philadelphia
Sharon K. Gagliardi

Sharon K. Gagliardi is a litigator who represents clients in IP and complex commercial matters, with a particular focus on the pharmaceutical and biotechnological life sciences.

Ms. Gagliardi has represented clients before U.S. District Courts, U.S. Appellate Courts and the U.S. Supreme Court. She has extensive experience litigating patent infringement actions on behalf of pharmaceutical companies involving small molecules, antibodies, peptides, and gene therapies. Her practice also focuses on the intersection of IP and antitrust law. Ms. Gagliardi has handled all phases of litigation including pre-filing investigations, drafting pleadings, preparing contentions, managing electronic discovery, drafting Markman briefing and arguing at hearings, working with infringement and validity experts, drafting motions and declarations, taking and defending fact and expert deposition, supervising pre-trial filings, crafting trial testimony, and managing large trial teams. She has also assisted in leading client task forces for global pharmaceutical assets and in coordinating U.S. discovery in aid of foreign patent proceedings.

Ms. Gagliardi has been recognized for her mentorship capabilities and has been honored with Dechert’s Exceptional Teacher Award for her commitment to training and developing associates. She maintains an active pro bono practice, defending the rights of victims whose civil liberties have been violated and assisting individuals in immigration and family law matters. In 2007, Philadelphia Volunteers for the Indigent Program (VIP) honored Ms. Gagliardi as Philadelphia VIP’s November Volunteer of the Month. Additionally, the National Center for Missing & Exploited Children presented Ms. Gagliardi an Award of Merit for her work in successfully returning a child to his father in a case brought pursuant to the Hague Convention on the Civil Aspects of International Child Abduction.

Ms. Gagliardi is an active member of the Philadelphia Intellectual Property Law Association and ChIPs.

  • Novartis v. Eli Lilly (N.D. Cal., E.D. Va., 4th Cir., 9th Cir., and ex-U.S.). Represented Eli Lilly & Co. in global litigations, serving as U.S. counsel in 28 U.S.C. § 1782 discovery actions for use in foreign proceedings, and strategic co-counsel in multiple European litigations and European Patent Office proceedings that arose from the sale of a patent portfolio from Genentech, Inc. to Novartis Pharma AG. In October 2022, Novartis and Lilly entered into a global settlement agreement that concluded the dispute between the parties.
  • Par Pharmaceutical, Inc. et al. v. Cipla Limited, et al. (D.N.J.). Representing Par Pharmaceutical in a Hatch-Waxman case filed against generic companies involving Par's VASOSTRICT® (vasopressin) product. Case is ongoing.
  • Jazz Pharmaceuticals, Inc. v. Synchrony Group, LLC et al. (E.D. Pa.). Represented Jazz Pharmaceuticals in a trade secret dispute regarding industry knowledge provided confidentially to marketing agent. Case settled.
  • Represented life sciences consulting firm in trade secret and copyright litigation. Settled favorably to client.
  • Endo Pharmaceuticals Inc. vs. Teva Pharmaceuticals USA, Inc., et al. (D. Del.). Trial counsel representing Endo Pharmaceuticals in numerous Hatch-Waxman patent infringement case regarding Endo's OPANA® ER (oxymorphone ER) controlled-release oxymorphone product against seven generic pharmaceutical manufacturers. Obtained verdict of infringement and validity, which were affirmed by the Federal Circuit.
  • SCA Hygiene Products v. First Quality Baby Products (S. Ct.). Member of Dechert team which successfully represented SCA Hygiene Products before the U.S. Supreme Court in a 7-1 decision to overturn 100 years of precedent and bar the defense of laches to claims for patent damages.
  • Endo Pharmaceuticals v. Teva, et al. (S.D.N.Y.). Trial counsel for Endo Pharmaceuticals in Hatch-Waxman Act case filed against a dozen ANDA filers involving Endo's OPANA® ER (oxymorphone ER) product. Following a five-week trial, the court ruled in Endo's favor, finding its patents valid and infringed. The Federal Circuit affirmed.
  • Endo Pharmaceuticals Inc., et al. v. Watson Laboratories, Inc., Mylan, Noven and TWi (D. Del.). Trial counsel for Endo Pharmaceuticals Inc. and Teikoku Seiyaku Co. Ltd. in ANDA litigation against Paragraph IV filers, involving the LIDODERM® (lidocaine) patch. Following a six-day bench trial against Watson, the first-filer, that case was settled. Other related cases settled before trial.
  • Endo Pharmaceuticals v. Impax, Actavis, Barr, Sandoz, Watson and Roxane (D.N.J.). Represented Endo Pharmaceuticals Inc. in Hatch-Waxman Act ANDA cases filed against six generic companies involving Endo’s branded oxymorphone extended release tablet OPANA® ER (oxymorphone ER), two of which went to trial. Case settled during trial.
  • Stiefel Laboratories v. Perrigo (D. Del.). Represented GlaxoSmithKline entities in an ANDA case relating to ROGAINE® (minoxidil) Foam. Case settled. 
  • Represented Pfizer in patent matters relating to Pfizer’s animal health business, one of the largest in the world.
  • Represented confidential clients in the pharmaceutical sector involving trade secret misappropriation.
  • Managing IP Life Sciences Forum — Virtual (June 16-17, 2021)
    Speaker, “Litigation Case Law Developments – Federal Circuit and District Court”
Services Industries
    • Wake Forest University, B.S., Chemistry, 1998, summa cum laude, Phi Beta Kappa
    • Rutgers School of Law - Camden, J.D., 2004, Highest Honors, Westlaw Award for Academic Excellence, Hunter Moot Court Top Ten Brief,
      Dean's Merit Scholarship
    • Pennsylvania
    • New Jersey
    • Supreme Court of the United States
    • United States Court of Appeals for the Federal Circuit
    • United States Court of Appeals for the Fourth Circuit
    • United States Court of Appeals for the Ninth Circuit
    • United States District Court for the Eastern District of Pennsylvania
    • United States District Court for the District of New Jersey
    • ChIPs (Chiefs of Intellectual Property), Philadelphia Chapter
    • Philadelphia Intellectual Property Law Association