Daralyn Durie

Intellectual Property Litigation

San Francisco

Morrison & Foerster partner Daralyn Durie has been a lawyer in private practice for 30 years with significant experience litigating high-stakes disputes on behalf of clients in the technology and life sciences sectors.

"I was attracted to the debate aspect of it (I was a debate kid in high school) and found that I was always learning new things) -- and I still am."

Earlier this year, Durie was given the opportunity to represent a client in a trial that held significant importance for her. The case revolved around a patent dispute, with the client's sole product being accused of infringement. This product held immense value as it made a substantial difference in the lives of patients living with narcolepsy. Jazz Pharmaceuticals, Inc. v. Avadel Pharmaceuticals plc et al. (1:22-cv-00941-GBW (D. Del. filed Nov. 8, 2022).

"The plaintiff was trying to shut the company down, and our clients had to fight every step of the way to bring the product to market," Durie said. "We didn't win everything, but so far, we have achieved a result that allows our client to continue to make that product available. I was incredibly proud of that collective effort and the high integrity with which our client approached every aspect of the case."

Durie reflected on the challenging case, acknowledging that the odds seemed insurmountable. Despite facing numerous obstacles, she and her team persevered and ultimately triumphed for their client.

"We had to keep fighting against a much larger opponent who kept throwing new things at us including new patents that were issued while the case was pending," she explained. "It was a good lesson in staying flexible and keeping our eyes on the prize, which was the ability to keep selling the product and helping patients."

As a trial lawyer, Durie has observed a concerning trend: the dwindling number of private civil lawyers with significant trial experience.

"Part of what that means is that more and more of the work winds up consolidated with those of us fortunate enough to have that experience," she said. "We need to work hard to make sure that we grow the next generation of trial lawyers, and that they grow up steeped in an ethos of why this is important and honorable work."