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 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.

Recognition

  • Massachusetts Super Lawyers Rising Star (2018-2020)

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