Greta Fails represents clients in high-stakes trade secret, patent, and antitrust litigation, as well as other complex intellectual property and commercial disputes. She works with a broad range of corporations, but has particular expertise working on complex trade secret and patent infringement litigation in the technology, life sciences, and software industries. Greta also advises clients in AIA proceedings, including inter partes review and post-grant review proceedings.
Additionally, Greta previously served as a Special Assistant District Attorney with the Suffolk County District Attorney’s Office, where she gained significant first-chair criminal trial and motion practice experience.
- Massachusetts Super Lawyers Rising Star (2018-2020)
- Adimab, LLC v. LinkedUp Bioscience, Inc. and Tao Wang, Mass. Super. Ct.: Counsel to Adimab in trade secret misappropriation and breach of contract dispute related to highly engineered yeast strains and technologies for cultivating and utilizing those strains to express and screen antibodies that bind to target antigens.
- ResMan, LLC v. Karya Property Management, LLC et al., E.D. Tex.: Counsel to ResMan in action asserting theft of trade secrets and contractual breaches related to property management software.
- ABB Verwaltungs Ltd v. General Electric Company, S.D.N.Y.: Counsel to GE in contract dispute.
- Molecular Insight Pharmaceuticals, Inc. v. University of Heidelberg, Mannheim Dist. Ct., Germany: Counsel to MIP (now Progenics Pharmaceuticals, Inc.) in dispute related to ownership of intellectual property direct to Prostate-Specific Membrane Antigen (PSMA)-targeting conjugates.
- Counsel to Progenics Pharmaceuticals, Inc. in a PGR proceeding challenging a patent directed to compounds for preparing 18F-radiolabeled Prostate-Specific Membrane Antigen (PSMA)-targeting conjugates.
- Alnylam Pharmaceuticals, Inc. v. Dicerna Pharmaceuticals, Inc., Mass. Super. Ct.: Counsel to Alnylam in trade secret misappropriation dispute involving RNAi therapeutics.
- Momenta Pharmaceuticals, Inc. v. Amphastar et al., D. Mass.: Counsel to Momenta in patent infringement and related antitrust litigation involving innovative methods of processing therapeutic polysaccharides.
Publications and Presentations
- “Supreme Court Preview,” panelist, Boston Intellectual Property American Inn of Court, January 2019.
- "Mass. Appeals Court Says No To Legal Stipulations," co-author, Appellate Law360, May 2016.
- “Could Your Cure Walk Out the Door,” co-author, Corporate Counsel, January 2016.
- “Indirect Information Exchanges to Hub-and-Spoke Cartels: Enforcement and Litigation Trends in the United States and Europe,” co-author, Competition Law & Policy Debate, 2015.
- “The Boundary Between Zealous Advocacy and Obstruction of Justice after Sarbanes-Oxley,” author, Annual Survey of American Law, 2012.
Education & Credentials
- New York University School of Law
- JD, 2012, cum laude
- Managing Editor of Production, Annual Survey of American Law
- Yale University
- BA, 2008, Economics
U.S. District Courts, Eastern & Southern Districts of New York
U.S. District Court, Massachusetts
U.S. Court of Appeals, First Circuit
Choate's four-part podcast series, “Protecting your Assets,” addresses a range of concerns at the intersection of employee departures and protecting valuable company trade secrets. Topics covered include navigating successful exit interviews, mitigating database damage and stolen property issues, assessing litigation implications from potential employee raids, and the handling of demand letters.
“Protecting your Assets” is a four-part discussion addressing a variety of concerns at the intersection of employee departures and protecting valuable company trade secrets. In part three of the series, Anita Spieth and Greta Fails focus on employee raiding and discuss potential litigation implications and best practices for limiting risk.
Our Trade Secrets team outlines steps companies can take to make sure that their proprietary information remains protected during this unprecedented time.
Six Choate attorneys - Greta A. Fails, Phoebe Fischer-Groban, Bryana T. McGillycuddy, Kevin C. Quigley, Samuel N. Rudman, and Tobin P. Sullivan - have been elected to Counsel at the Firm, effective May 1, 2019.
Alnylam has entered into a settlement agreement with Dicerna Pharmaceuticals resolving trade secret misappropriation claims against Dicerna, and counterclaims asserted by Dicerna, in pending litigation in the Superior Court of Middlesex County, Massachusetts.