Barclay Damon LLP
The storied full-service powerhouse Barclay Damon operates a mean patent enforcement team in Boston. Its creative, pragmatic litigators run circles around opposing counsel with their unique powers of recall and legal sleight of hand. Sporting the captain’s armband, John Gutkoski
leads by example. “He is one of the sharpest and most adaptable patent litigators out there – his briefs, in particular, are exceptionally strong.” A recent highlight is winning an enhanced damages trial for Belden that led to the doubling of the previous verdict and a total award of $61 million from a major competitor.
Choate Hall & Stewart LLP
The enduring success of Choate Hall & Stewart’s cradle-to-grave IP practice earns the firm another year in all three tables of the Massachusetts section of the IAM Patent 1000
2018. It has a reservoir of technological talent in its ranks as well as significant courtroom experience and a profound understanding of how to seal favourable licensing deals. Even rivals acknowledge that its lawyers “treat their clients as well as anyone and are incredibly smart. You can’t go wrong sending work there in a conflict of interest”. To begin with the non-contentious side, Brenda Herschbach Jarrell
handles life sciences prosecution with aplomb. The agile Charles Lyon
is great at getting the most out of portfolios; he pounces on monetisation opportunities at just the right moment. Karen Copenhaver
knows a thing or two about commercialisation as well. She has worked side by side with in-house counsel at Linux, getting favourable terms in over 50 collaborative projects. The Choate Hall litigation strike force comprises Carlos Perez-Albuerne
, Eric Marandett
, Robert Frank
and Michael Bunis
. Perez-Albuerne is a software sage completely at home in the online world. Marandett and Frank have a wealth of experience representing pharmaceutical giants – 20 and 45 years respectively. The “outstanding” Bunis has expertise in a vast array of areas and a discerning eye for when to settle and when to keep pushing in precarious cases.
Clark + Elbing LLP
When it comes to biotechnology patents, Clark + Elbing is a true pathfinder. Appreciating that its clients’ breakthroughs can change lives, its stable of 29 attorneys work around the clock to get rubber stamps on applications. The amount of times Karen Elbing
has landed on an ingenious solution in a tight timeframe is astounding. She files with finesse and everyone – from senior business executives to US Patent & Trademark Office (USPTO) examiners – loves reading her crystal-clear prose. Her comrade-in-arms Kristina Bieker-Brady
steps in when the opportunity to monetise a right arises. She has the commercial savvy and interpersonal skills to quickly ink lucrative licensing contracts with even the most recalcitrant third parties.
From 12 outposts across the United States, Cooley’s patent army delivers finely calibrated filing counsel and sagacious enforcement support. Its life sciences practice is the gleaming jewel in the firm’s crown; over 500 right holders worldwide, both trailblazing start-ups and billion-dollar industry leaders, seek its support in this area. Dean Farmer
is the go-to attorney for many of them. He dispenses conscientious, incisive patentability assessments and thoroughly explores all available options before arriving at the most advantageous strategy.
Filing approximately 3,000 US and 1,500 foreign patent applications annually, Finnegan, Henderson, Farabow, Garrett & Dunner is prolific in prosecution; the fact that it has 35 former examiners on its roster means that each application is built precisely to specification. However, the firm is no one-trick pony it also brings the thunder in high-stakes spats – having argued more patent cases than any other firm before the Federal Circuit and put in plenty of unforgettable performances in the Supreme Court. “The team is tremendous – open, timely communication, strong strategic feedback and amazing availability.” Experienced in treating all patent ailments imaginable, legal GP Linda Thayer
reflects this versatility perfectly. Nothing, contentious or non-contentious, causes her to break into even the slightest sweat. Her “thought leader” teammate Leslie McDonell
is a dab hand at drafting. “She does fabulous work for her clients, getting to know their business goals and making sure everything is directed towards their realisation. Her communication is impressive too. She’s always available to discuss important matters with due consideration of the bigger picture.”
Fish & Richardson PC
There are few firms in the world as dedicated to intellectual property as Fish & Richardson. It offers end-to-end support, utilising the pearls of its courtroom wisdom in every patent application and post-grant proceeding it is entrusted with. “It’s an extremely well-respected go-to firm that knows how to leverage the skills of its lawyers, patent attorneys and paralegals to provide highly effective representation at a reasonable rate. Furthermore, it provides docketing and monitoring services for applications handled in-house, something that is very helpful for clients.” The impressive balance of the practice is reflected in its rankings in the IAM Patent 1000
2018 – it has four individuals ranked in the prosecution table and four in the litigation table. Timothy French
, Anita Meiklejohn
, Janis Fraser
and Peter Fasse
know all the ins and outs of filing and portfolio building. Having worked for three years as a process and materials engineer for DuPont and four years as a plant engineer and manager with Tenneco, French is well attuned to commercial realities. Tricky biotech puzzles are a staple in the workloads of science whizzes Meiklejohn and Fraser. “Fasse is a highly competent professional who provides sound, strategic advice in regard to patents that are extremely technical in nature.” When a client’s ship is starting to fill with water, Adam Kessel
, Frank Scherkenbach
, Frank Porcelli
and Lawrence Kolodney
come to the rescue. “Kessel is a uniquely skilled individual – remarkable at finding the necessary facts or jurisprudence to swing a case in his favour.” Also fast on his feet, Scherkenbach showed what he can do in the electronics world leading SRI International to a resounding victory against Cisco Systems and getting an enhanced damages award. Porcelli and Kolodney are battle-hardened litigators who understand the conflicts and challenges of a striking array of industries. You name it, they have conquered it.
Foley & Lardner LLP
The resourceful Foley & Lardner assembles lean teams with just the right legal skill sets, industry experience and business savvy to get cutting-edge technologies patented at a reasonable price. So well fortified are the applications drafted by John Lanza
that few competitors dare to challenge them. If they do, they are met with fire and fury from contentious comrade Matthew Lowrie
. “Lanza is dedicated, detail-oriented and persistent. It’s a pleasure working with him. He takes the trouble to integrate the particularities of clients’ businesses into his thinking.” His down-to-earth style and enterprising spirit have made him a favourite among start-ups. A seasoned trial and appellate lawyer, Lowrie crafts prudent litigation strategies that look beyond the immediate case at hand. Computer software and hardware issues are his fortes.
Foley Hoag LLP
Foley Hoag’s flag now also flies in New York, Washington DC and Paris, but the firm has called Boston home since its establishment in 1943. It has close ties to Harvard University and the University of Massachusetts and is kept on speed dial by a staggering number of the hottest life sciences start-ups in the area. Difficult prosecution matters are handled by the nimble-witted Dana Gordon
, who accommodates whatever timeframes are asked of him. A walking encyclopaedia, he writes reports in lightning speed, but never at the expense of quality. Litigation is the preserve of Donald Ware
, Philip Swain
, Barbara Fiacco
and Claire Laporte
, all of whom have proven their mettle in front of judges up and down the country. Ware complements a world-class contentious practice with knowledge of the Food and Drug Administration’s (FDA) regulatory pathway for approval of biosimilars, making him the go-to guy for pharmaceutical C-suite executives. Swain really hunkers down with clients’ engineers and scientists to get to know their technologies and figure out how they can most persuasively be presented. Able to communicate convoluted concepts clearly and succinctly, Fiacco is another joy to listen to in court. The astonishing strategic nous of Laporte has made her the counsel of choice for heavyweights in the healthcare sector, among others.
Goodwin Procter LLP
Goodwin Procter’s stellar reputation nationwide continues to be underpinned by its dynamic Boston team. It is unquestionably best known for its work in the life sciences industry – with a history of handling the biggest Hatch-Waxman cases around – but its technical prowess extends to the computer hardware and software spaces, with IBM, Citrix and Cisco all loyal patrons. The gold-ranked Daryl Wiesen
is among the best courtroom performers. He has an abundance of first-chair trial experience for Teva and, lately, has also been turning heads with work for the Massachusetts Institute of Technology. “Daryl is awesome – really top tier in what he does. He has a great strategic head and a calm demeanour, which makes him a pleasure to deal with. He understands his clients’ commercial interests and is willing to take a risk when appropriate. Due to the fluid nature of business, priorities sometimes change and he’s always quick to react. In addition to his trial experience, he appreciates antitrust, FDA regulatory and contract complexities which create a significant interplay in a lot of patent cases. His ability to provide expertise in these areas outside of patent law is extremely valuable too.” Douglas Kline
has his fair share of votaries as well: “Even when on a short schedule, he manages to put together a team that will dig in quickly, get control of the case and ultimately obtain a positive result. He’s extremely sharp, collegial and reliable – someone who does a great job every time.” Anthony Downs
is a shrewd medical devices maestro and has been recently defending Alere against patent infringement claims by Rembrandt Diagnostics in court as well as serving as lead counsel in inter partes
review proceedings demonstrating the alleged invalidity of the patents at issue. The transactional wing of the Goodwin Procter practice features no shortage of ranked individuals either. Kingsley Taft
has had another blockbuster year advising not only on Royalty Pharma’s acquisition of Perrigo’s royalty rights on worldwide sales of Tysabri, but also on Teva’s agreement with Regeneron Pharmaceuticals to develop and commercialise fasinumab. Over the last 35 years Edmund Pitcher
has provided astute risk analysis advice to countless distinguished companies, venture capital limited partnerships and securities analysts. Meanwhile, Stephen Charkoudian
has his eyes trained on start-ups and early stage companies; his well-grounded, holistic advice equips nascent brands so that they are ready to take on the world. The “sharp, reliable, trustworthy and collegial” Duncan Greenhalgh
has the commercial discernment to predict how marketplaces will change in coming years. His deals are cleverly structured to reap rewards today and tomorrow. Finally, Joel Lehrer
has assisted on dozens of due diligence projects in his time. “He has great technical depth as well as a practical outlook, a combination that makes for easily actionable advice.”
Greenberg Traurig LLP
Having approximately 100 attorneys registered with the USPTO, as well as an army of seriously experienced litigators, Greenberg Traurig is comfortable counselling on the full spectrum of IP matters. Yet it has a special reputation for putting in blazing performances in Section 337 investigations before the International Trade Commission; its multidisciplinary squads intuit what the administrative law judges are looking for every time. Co-chair of the life sciences and medical devices practice, David Dykeman
is a dab hand at enriching major research institutes and multinationals with astute portfolio management; having a true appreciation of the technologies at issue, he crafts watertight applications and pinpoints unique monetisation opportunities. His teammate Chinh Pham
is a celebrity in the start-up community. He has the business nous and interpersonal skills to find lucrative funding sources and establish potentially game-changing strategic alliances.
Hamilton Brook Smith & Reynolds PC
IP boutique Hamilton Brook Smith & Reynolds has the legal and commercial knowledge necessary to take clients from being start-ups to world-beaters. The prosecution and enforcement of patents are bread and butter to its crack team of professionals. One of the side’s real strong suits is the biotech space, owing to the scientific sorcery of “fantastic” name partner David Brook
. In the game for over half a century, he has secured sanctuary for an array of life-changing inventions.
Holland & Knight LLP
Holland & Knight straddles the contentious/non-contentious divide superbly, furnishing clients with penetrating counsel that hits the mark every time, while its filing strategies are wisely informed by lessons learned in infringement cases. The “excellent” Brian Colandreo
is adored by clients. “He’s very bright and responsive. A lot of attorneys start with prosecution, but then get pulled into other things – not him, he loves it and you can see that in his work, which is a breath of fresh air.” If the heat starts to rise, and a court battle is on the cards, Joshua Krumholz
picks up the bat. A representative example from his workload is achieving a highly favourable settlement for Ericsson and its wireless carrier customers in multi-patent litigation in the Eastern District of Texas. Telecoms is his metier, but he also shines in software and consumer goods-related mandates.
Lando & Anastasi LLP
Fusing profound technical experience in today’s fastest-moving industries with a resolute focus on clients’ long-term business objectives, Lando & Anastasi is an ever-reliable choice. Its lean, muscular squad works round the clock to deliver clients the broadest possible protection for their patents – and do whatever needs to be done to enforce them. Name partner Peter Lando
is “one of the most creative IP attorneys out there. He’s fast, thorough and an absolute delight to work with”. As well as filing with finesse, he routinely handles due diligence investigations for acquisitions and divestitures of IP portfolios. There are few practitioners in the country who have a comparable lock on clean and green technologies. Craig Smith
is a dazzling trial attorney with an affinity for electronics matters. He recently took Foursquare to victory in a dicey Federal Circuit appeal against Evolutionary Intelligence.
With an IP offering that runs the gamut from filing and portfolio management to infringement proceedings, the 1844-established McCarter & English is a cracking one-stop shop for all patent needs. Even when under the sort of pressure that would make most other firms quake in their boots, it produces flawless, meticulously researched and composed work. Erik Paul Belt
and Lee Carl Bromberg
form the spine of the contentious practice. Belt gets to grip with even the most elaborate technologies in lightning speed and advocates with true ardour. He is the immediate past president of the Boston Patent Law Association. As sharp as a Swiss Army knife, Bromberg has also put countless state and federal court disputes to bed.
McDermott Will & Emery
The last year has once again shown why McDermott Will & Emery is held in such high regard by competitors. It has enjoyed a series of headline-making victories, but perhaps the most significant is that for Amgen against Sanofi in a battle for the rights to develop a new treatment for heart disease (in particular LDL cholesterol). Assembling a team that spanned five offices, the firm won an injunction requiring Sanofi to withdraw its infringing product from the market. Sarah Chapin Columbia
was the salient Boston representative in the matter. Her out-of-the-box thinking, eloquence and ability to weave complex technical details into a compelling narrative carried the day. Robert Underwood
and Kristin Connarn
have had their hands full on the prosecution front representing Takeda, the largest pharmaceutical entity in Japan and Asia. It is rare to find two lawyers who work so well together; they practically finish each other’s sentences. At the forefront of the firm’s transactional wing, Edward (Jed) Gordon
has exhaustive knowledge of licensing models and stays up to date with the latest industry trends. He closes deals with panache.
McNeill Baur PLLC
Debuting in the IAM Patent 1000 for 2018, McNeill Baur sets great store by customer relations. Its easily accessible, proactive patent attorneys work side by side with senior business executives, maintaining a laser focus on how their counsel will help realise clients’ business objectives and even participating in board discussions when necessary. Rebecca McNeill has an impressive mix of biotech start-ups, research foundations, universities and multinationals on her roster.
Mintz Levin Cohn Ferris Glovsky and Popeo PC
Few full-service firms treat patent law as seriously as Mintz Levin; its IP practice is its second largest by both headcount and revenue. Dow, Hyundai and BASF are just three names among an illustrious following. Representing the first two, Peter Corless
knows prosecution like the back of his hand; every sentence he pens is clear and concise, making his applications a joy to read. David Conlin
and Michael Renaud
lead the charge in high-stakes cases. The pharmaceuticals sector is a happy hunting ground for Conlin. He has a blazing track record in Hatch-Waxman matters; generic manufacturers that need to get past him are in for one hell of a hard ride. Renaud is another litigator feared for good reason; he never blinks in the limelight. Mechanical engineering issues are the pièce de résistance of his practice.
Nixon Peabody LLP
One thing rights holders love about Nixon Peabody is that its lawyers always give it to them straight; frank and straightforward counsel is the order of the day, meaning no money is squandered on seeking protection for inventions that are, for example, too similar to what is already on the market and will not go anywhere. David Resnick
and Ronald Eisenstein
embody this attitude to a tee. Life sciences sage Resnick has singular expertise in the evolving field of personalised medicine, especially pharmacogenomics, proteomics and disease biomarkers. Equally at home handling involute technical concepts, Eisenstein is treasured by the likes of Boston University and Vaccine Technologies. Resnick and Eisenstein are the Boston team’s leading lights but great efforts are taken to develop the next generation of lawyers too; no shortage of talent is waiting in the wings.
Proskauer Rose LLP
Proskauer Rose makes a positive impression right away. The instant a new mandate comes through the door of the Boston office, its attentive, resourceful, dedicated lawyers go out and learn about their clients’ markets, then make themselves available for meetings wherever and whenever is convenient. On top of this, the team is as impressive with filing as it is going to battle in the courtroom, meaning there is no need for clients to divide their IP work between different firms. Fangli Chen
has been a driving force behind the expansion of the prosecution practice. Since her arrival in 2016 she has built up a team with several new associates and technology specialists, so that cutting-edge new patents can be effortlessly secured for Shire and other household names with expansive portfolios. Joseph Capraro
’s signature is on plenty of lucrative global licensing agreements. He is a portfolio management whizz with real business smarts. Focusing on contentious matters, Steven Bauer
is a thoroughbred oral advocate who has appeared in over 30 cases in the Eastern District of Texas. Bet-the-farm battles are par for the course with him.
Ropes & Gray LLP
While Ropes & Gray spun out its prosecution practice in 2017, it remains a formidable force in the transactional world thanks to commercially on-point lawyers like Edward Black
and Marc Rubenstein
in Boston and 11 other partners across three continents all focusing on IP-rich deals; the firm has ample experience advising on R&D collaborations, joint ventures, mergers and acquisitions and data licensing. Black recently showed what he can do when representing TPG Capital – one of the world’s largest global private equity firms – on its agreement with Intel to establish a cybersecurity company, McAfee. Meanwhile, Rubenstein has been getting contracts inked in the biotech, medical devices and pharmaceutical industries.
Wilmer Cutler Pickering Hale and Dorr LLP
“Wilmer Hale has a ton of highly professional, bright lawyers, who write crystal-clear briefs and are strong but respectful opponents in the courtroom. You also see younger attorneys get opportunities there, something that does not happen at a lot of big firms despite being incredibly important for longevity.” Even competitors respect the team to the hilt: “It’s at the summit of the market.” The “top-flight” William Lee
is the cynosure of all eyes in the practice – and possibly in the state as a whole. One peer remarks: “He’s excellent at his craft. He embodies the civility and professionalism that drew many of us to the law in the first place.” When he is fighting their corner, clients can sleep soundly at night; a competitor might have a strong case on paper, but that is nothing compared to having Lee. Standing behind him on the contentious side are Mark Matuschak
, Peter Dichiara
, Cynthia Vreeland
and Lisa Pirozzolo
. Having obtained the first ever jury verdict of patent invalidity in the Eastern District of Texas, Matuschak is not wet behind the ears either. Telecoms and electronics matters see Dichiara at his best; once a senior hardware and software engineer at Digital Equipment Corporation, he is fluent in the language of inventors. Both Vreeland and Pirozzolo have oceans of experience handling pharmaceutical and medical device cases. Their majestic scientific knowledge sets them apart from the crowd. While the firm’s reputation rests heavily on its courtroom activity, Colleen Superko
and Jeffrey Johnson
carry the beacon in the prosecution and transactional spaces too. Superko gives practical, robust filing advice and takes a particular interest in clean technologies. Whereas Johnson has a seldom-matched understanding of collaboration and outsourcing agreements and is a nifty negotiator.
Wolf, Greenfield & Sacks, PC
For nearly a century, Boston entrepreneurs and research institutes have been making a beeline to Wolf, Greenfield & Sacks. With over 90% of its practitioners holding science or engineering degrees – and more than two-thirds having an MS, MD or PhD – there is no shortage of technical knowledge in the ranks. As a reflection of this, it has more ranked individuals than any other firm in the Boston section of the IAM Patent 1000
for 2018. Jason Honeyman
is a real renaissance man, featuring on the prosecution, transactions and litigation tables. He handles a panoply of portfolio management issues for Vestas Wind Systems, the largest wind turbine company in the world. Equally multi-talented, Edward Russavage
and Edward Gates
file with finesse and know how to get signatures on the bottom line of lucrative contracts. “The amazing thing about Russavage is that he strives to deeply understand clients’ businesses and makes sure to meet their goals. Of course, he prosecutes patents, but his service goes way further than that; he’s a genuine strategic partner.” Chairman of the firm, Gates brings over 30 years of experience to the table; the pharmaceutical, biotech and medical devices spaces never cease to excite him. Having served as corporate counsel at Amgen, Jeffrey Hsi
has a great feel for what the C-suite wants from a report; legalese is of one of his bugbears. Neil Ferraro
, Patrick Waller
, Timothy Oyer
and Jenny Chen
are all blindingly efficient prosecutors. Ferraro is a mechanical engineering mage, while Waller and Oyer reign supreme in biochemistry; together they manage Oxford Nanopore’s sensational portfolio. Life sciences briefs are meat and drink for the technically sublime Chen. Michael Albert
and Michael Rader
lead the litigation strike force. Albert has been supporting Kantar Media in an ongoing battle against TiVo that has been raging for more than five years. Meanwhile, Rader was involved on behalf of Sony in the first successful use of the International Trade Commission’s 100-day programme to invalidate a patent and also got the first ever grant of attorneys’ fees for RPX in the Patent Trial and Appeal Board.