IP Litigation

Overview

Enforcing and defending IP rights is a business imperative in the life sciences industry. In strategic patent litigation, Hatch-Waxman litigation, biosimilar litigation under the Biologics Price Competition and Innovation Act (BPCIA), post-grant challenges, trade secret and contract disputes, and license and collaboration disputes, clients trust Choate to defend their most critical IP assets. Our IP protection and litigation teams have a one-of-a-kind teamwork approach that allows us to offer our clients “the best of both worlds” – prosecution informed and guided by effective dispute strategy and management of contentious proceedings with a deep and technology – sophisticated team that understands your business, the technologies that underpin it, and the nuances of life in front of the Patent and Trademark Office and the U.S. federal courts.

With a global reputation for successfully handling high-stakes matters for companies at the forefront of transforming industries with disruptive technologies, our IP litigators have been trusted with hundreds of complex litigation matters across a wide range of industries and technologies from pharmaceutical, biotech, and medical technology to networking, telecommunications, and software systems. Our trial skills are enhanced by a team with broad and deep technical patent expertise – one that sets us apart from larger, general practice firms.

Recognizing that the only strategic purpose of litigation is to achieve our client’s most important business objectives, we approach each matter with partner leadership, true teamwork, and a culture committed to protecting ideas and businesses.

Choate’s expertise covers all stages of the changing biosimilar litigation and development landscape under the BPCIA. Our collaborative teams understand and effectively navigate the complex legal and regulatory frameworks that govern the biosimilars market. From patent challenges to regulatory compliance and intellectual property disputes, we provide comprehensive legal strategies tailored to the specific needs of our clients in the biopharmaceutical industry.

With extensive experience in the complex field of patent infringement, Choate recognizes that such disputes can greatly affect a company’s innovation and market standing. Our team works closely with clients to grasp their unique business goals and technical needs, offering customized legal strategies that support their objectives.

We are committed to proactive advocacy, whether through negotiation, alternative dispute resolution, or litigation in federal courts. Our experienced trial attorneys are skilled at simplifying complex technical and legal arguments and crafting compelling themes and trial stories to secure favorable outcomes for our clients.

Our experienced attorneys are dedicated to protecting our clients’ rights and interests in the competitive field of pharmaceutical innovation. We are well-versed in the nuances of Hatch-Waxman litigation and represent innovators in planning and preparing for generic challengers and ultimately defending Orange Book-listed patents in multiple jurisdictions around the country.

With significant experience in bringing and defending trade secret litigation cases in state and federal courts, we are well-versed in the high-stakes nature of trade secret misappropriation. We approach the complexities and nuances of each matter by building a carefully considered team to address the unique legal, scientific, and business needs of our clients.

Our practitioners have represented clients in a range of life sciences technologies – from RNA and mRNA, antigens and antibodies, lipid nanoparticles and biomass catalytic conversion technology to software and computer hardware, networking and telecommunications – in the following range of matters:

Litigation against research collaboration partners, former employees, industry competitors
Breach of contract, tortious interference with contract, trade secret misappropriation
Breach/interference of confidentiality agreement, violation of restrictive covenants
Violation of the Defend Trade Secrets Act
Violation of the Computer Fraud and Abuse Act
False advertising, disparagement, and unfair competition

Why Choate for IP Litigation?

Ip Litigation 1 20+ Dedicated Ip Litigation Lawyers

Ip Litigation 2 40+ Team Members With Phds And Other Advanced Degrees

Ip Litigation 4 Direct Experience In 37+ States Representing Clients In Federal And State Courts

Ip Litigation 3 Experience In 20+ Scientific And Technical Areas

Radius Health, Inc. and Ipsen Pharma S.A.S. v. Orbicular Pharmaceutical Technologies Private Limited (D. Mass.): Counsel for Radius and Ipsen in Hatch-Waxman patent litigation relating to TYMLOS® (abaloparatide), a treatment for postmenopausal osteoporosis.
Biomodal Limited et al v. New England Biolabs, Inc. (D. Mass.): Represent Defendant New England Biolabs in patent infringement lawsuit alleging infringement of 8 patents directed to DNA methylation. Won Motion to Dismiss based on 35 USC § 101 dismissing several patents from the litigation.
Progenics Pharmaceuticals, Inc. et al v. MIM Software, Inc. (D. Mass. & PTAB): Represent Progenics and EXINI Diagnostics AB in patent litigation and IPRs relating to imaging technology against competitor MIM Software.
Biogen, Inc. and Biogen MA, Inc. v. Sandoz, Inc. et al. (D. Del.): Represent Biogen in biosimilar patent litigation under the Biologics Price Competition and Innovation Act (BPCIA) concerning MS treatment, TYSABRI® (natalizumab).
Gradient A.I. Corporation v. Milliman, Inc. (D. Mass.): Represented Gradient in patent infringement and trade secret action relating to AI SaaS solutions for the insurance industry.
Amgen, Inc. et al v. Kashiv Biosciences, LLC (D. N.J.): Represented Adello in biosimilar litigation involving 17 patents.
Shire Viropharma, Inc. v. CSL Behring LLC (D. Del): Represented Shire (later Takeda) in patent infringement action relating to the treatment of hereditary angioedema.
Foundation Medicine, Inc. v. Guardant Health, Inc. (D. Del. & PTAB): Represented Foundation Medicine in a patent infringement lawsuit and related IPR proceedings relating to methods of analyzing cell-free DNA for purpose of detecting genetic mutations related to cancer.
Momenta Pharm., Inc. and Sandoz, Inc. v. Amphastar Pharm., Inc. (D. Mass.): Counsel to Momenta in patent infringement action relating to innovative methods of processing therapeutic polysaccharides.
Akamai Technologies, Inc. v. Limelight Networks, Inc. (E.D. Va. & PTAB): Counsel to Akamai in patent infringement litigation and related IPR proceedings relating to internet content delivery systems and methods.
EMC v. Pure Storage (D. Mass.): Counsel to EMC in litigation alleging that a competitor engaged in a nationwide conspiracy with dozens of former employees to misappropriate proprietary information and solicit customers and employees in violation of restrictive covenants; defended against counterclaims alleging breach of license agreement and false advertising.
Hewlett-Packard Company v. Oracle Corporation (Santa Clara County Superior Court of California): Trial counsel to Hewlett-Packard in a jury trial arising from Oracle’s unilateral decision to stop porting its software to HP’s Itanium mission critical server platform in violation of an agreement between the companies. After five-week trial, jury returned a verdict in favor of Hewlett-Packard for $3.1 billion and rejecting Oracle’s counterclaim in its entirety.
MicroTechnologies, LLC v. Autonomy, Inc. (a/k/a HP Autonomy), et al. (N.D. Cal.): Trial counsel to Hewlett-Packard in federal jury trial in a contract and fraud dispute relating to software and hardware technology, arising out of Hewlett-Packard’s acquisition of Autonomy Corporation, PLC.
Ubiquitous Connectivity, LP v. TXU Energy Retail Company LLC (N.D. Tex.) and Central Security Group – Nationwide Inc. (N.D. Okla. & PTAB): Counsel to TXU Energy and Central Security Group in patent infringement litigation and three attendant IPRs related to smart home technology systems.