Greta A. Fails
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 life sciences, software, and technology 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.
Recognition
- Massachusetts Super Lawyers Rising Star (2018-2021)
Representative Engagements
- Triplet Therapeutics, Inc. v. Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, PTAB: Counsel to Patent Owner Louisiana State University and interested party Takeda Pharmaceuticals U.S.A., Inc. in defense of Louisiana State University’s patent directed to oligonucleotide compositions targeting the DNA mismatch repair system for the treatment of associated DNA repeat expansion diseases.
- 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
Admissions
Massachusetts
New York
U.S. District Courts, Eastern & Southern Districts of New York
U.S. District Court, Massachusetts
U.S. Court of Appeals, First Circuit
Greta's Insights
Choate's Life Sciences Insights Podcast 11.08.2021
Conducting Clinical Trials Part 4: Financial Conflicts of Interest
In the fourth installment of Choate’s Conducting Clinical Trials series, Mark McPherson and Greta Fails cover what financial conflicts of interest are in a clinical trials context, how federal funding agencies regulate them, and enforcement trends.
Choate's Protecting your Assets Podcast 03.08.2021
Limiting Risk from Employee Raiding
“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.