Stephanie Smiertka Riley focuses her practice on corporate, commercial, and intellectual property litigation in all Delaware Courts, especially the United States District Court for the District of Delaware, Delaware Court of Chancery, and Delaware Superior Court. Her experience in complex commercial litigation extends to business disputes, including misappropriation of trade secrets, breaches of contract, and tortious interference; consumer protection and RICO claims; constitutional law claims; and pharmaceutical and medical device multi-district litigations. Because of her vast array of experience, as Delaware lead or local counsel, Stephanie offers a unique perspective on litigation strategy in addition to her knowledge of Delaware practice and procedures. She has also served as Delaware counsel assisting outside counsel in intellectual property litigation. After law school, Stephanie served as judicial clerk for several Delaware state court judges, which laid the foundation for Stephanie’s familiarity with Delaware best practices.
In addition to litigating disputes, Stephanie advises companies and individuals on best practices to avoid litigation. From her experience in advising companies on whether to initiate or defend litigation, she is able to identify and prioritize a business’s big picture goals. She has also represented government entities in a variety of capacities, including advising and litigation.
Stephanie is involved in the Delaware community. She serves on the Board of Directors for the Delaware Children’s Museum. In addition to that role, she serves on the Development Committee for the Delaware Combined Campaign for Justice which provides life-changing legal services for Delawareans in need.
Any result the lawyer or law firm may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.
- Laurel Gardens, LLC et al., v. Timothy McKenna, et al., CA No. 17-570 (U.S. District Court for the Eastern District of Pennsylvania, January 17, 2020) (Won dismissal for client in business dispute at motion for summary judgment)
- Merck Sharp & Dohme Corp. v. Wyeth LLC, C.A. No. 21-24-RGA (D. Del.) (Served as Delaware Counsel)
- Amgen Inc. v. Hospira, Inc. and Pfizer Inc., C.A. No. 18-1064-CFC (D. Del.) (Served as Delaware Counsel)
- H. Lundbeck A/S, Takeda Pharmaceuticals Company LTD., Takeda Pharmaceuticals U.S.A. Inc., Takeda Pharmaceuticals International AG and Takeda Pharmaceuticals America, Inc. v. Torrent Pharmaceuticals Limited and Torrent Pharma Inc., C.A. No. 18-88-LPS (D. Del.) (Served as Delaware Counsel)
- Eagle Pharmaceuticals, Inc., Teva Pharmaceuticals Int’l GmbH and Cephalon Inc. v. Hospira, Inc., C.A. No. 18-1074-CFC (D. Del.) (Served as Delaware Counsel)
Professional and Civic Activities
- Member, The Richard S. Rodney American Inn of Court
- Member, Delaware State Bar Association
- Delaware Women and the Law Section
- Delaware Litigation Section
- Development Committee, Delaware Combined Campaign for Justice
- Delaware High School Mock Trial
- Board Member, Delaware Children's Museum
- Member, American Bar Association, Business Law and Intellectual Property Sections
- Member, American Intellectual Property Law Association (AIPLA)
Publications and Presentations
- Co-Author, “Claim Construction in Bankruptcy Court? Revisiting Vacatur in Patent Litigation,” IP Watchdog, November 2, 2021
- Author, “Counseling Clients on What Constitutes Exceptionality in Patent Litigation: A View from Delaware,” IP Watchdog, October 12, 2021
- Author, “Adapting to a New Life: The slow learning curve of working and parenting during COVID,” Delaware Lawyer, Fall 2020
- Panel Member, “The Delaware Way,” DSBA Women and the Law Retreat, February 2020
- Speaker, “Planning Your Community’s Future,” University of Delaware Institute for Public Administration, January 24, 2020
- Author, “Medical Monitoring,” Trial Magazine, Vol. 54, No. 7, July 2018
- Author, “Advocacy and Credibility,” Trial Magazine, Vol. 54, No. 1, January 2018
Honors and Awards
Recognized in Best Lawyers: Ones to Watch in America (BL Rankings) in the field of Commercial Litigation, 2021 - Present