Intellectual Property Litigation

Carlos Perez-Albuerne, Dan Winston, Brenda Jarrell, Michael Bunis, Eric Marandett, Bob Frank, Paul Popeo

Blue Chip Clients

Lead trial counsel for clients, including:

 

Adimab
Akamai
Astellas Pharma
Avis Budget Group
Celgene
EMC Corporation
General Electric
Harvard
Hewlett-Packard
iRobot
Millennium Pharmaceuticals
Momenta Pharmaceuticals
New England Biolabs
Shionogi
Shire
Teradyne
Voice Signal Technologies
Wyeth/Pfizer

Publications & Events

Eric Marandett Named Litigation Trailblazer by The National Law Journal

Karen Copenhaver Speaks on Data as Intellectual Property

Brian Reese Speaks at the 14th Annual International Conference for Public Health and Emerging Microbial Threats

Daniel Winston and Irina Oberman Khagi on the Defend Trade Secrets Act of 2016

Choate Named to IAM Patent 1000: The World’s Leading Patent Professionals for IP Prosecution, Transactions, and Litigation

Six Intellectual Property Attorneys at Choate Named "IP Stars" for 2016 by Managing Intellectual Property

Paul Popeo Speaks at The IP Strategy Summit Boston

Eric Marandett Featured in Law360 Q&A

Choate's Intellectual Property Group Receives Top Rankings from Managing Intellectual Property

Choate Sponsors BIO IPCC Fall Conference 2015

2015 Massachusetts Super Lawyers

Choate Receives 32 Tier 1 Rankings in US News & World Report’s 2016 “Best Law Firms” Report

Eric Marandett and Irina Oberman Khagi on the Ariosa Decision

Margaret Ives on the BPCIA Dispute

Eric Marandett on The Biologics Price Competition and Innovation Act

Daniel Winston Speaks on IP Agreements

Mark Edgarton and Sophie Wang on Equitable Tolling in Noncompete Cases

Dan Winston and Anita Spieth on the CFAA Circuit Split

Choate Named to IAM Patent 1000: The World’s Leading Patent Practitioners for IP Prosecution, Transactions and Litigation

Choate's Intellectual Property Group Receives Top Rankings in Managing Intellectual Property's 2015 "IP Handbook"

Choate Names Five New Counsel

Michael Bunis and Kevin Finnerty on the Willfulness Doctrine Debate

Carlos Perez-Albuerne on 510(k) in Patent Litigation

Eric Marandett and Stephanie Schonewald on Inter Partes Review

Brenda Jarrell and Eric Marandett Included in Patent Expert Guide 2015

  • Choate named to IAM Patent 1000: The World’s Leading Patent Professionals for IP Prosecution, Transactions, and Litigation. Read more...

  • Choate received top national rankings in bio/life sciences, patent prosecution, and patent litigation from Managing Intellectual PropertyRead more...

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    Over one-third of equity partners and majority of practice areas recognized for excellence

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    Choate was ranked among the best law firms in this year's US News - Best Lawyers "Best Law Firms" list, and has been named as an elite "National Tier 1" law firm in 4 practice areas.  Choate also received top "Tier 1" Boston rankings in 27 practice areas.  Read more...

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    Choate recently obtained a preliminary injunction for Momenta Pharmaceuticals in a patent infringement action to preserve exclusivity in sales of the only generic form of enoxaparin, which had more than $1 billion in sales in its first 12 months.  Choate immediately sued and moved for a TRO and Preliminary injunction based on infringement of two patents covering methods used in the process of making the product, after another party announced in September, 2011 that it had obtained FDA approval to market a second generic enoxaparin.   Choate successfully obtained the TRO and then a preliminary injunction after several rounds of briefing and hearings, also surviving a motion to dismiss, thereby successfully keeping the rival product entirely off the market until trial.   

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    Choate represented Tillotson Corporation in multiple district court infringement and licensing actions to enforce a patent to conformable medical gloves, although the ITC had previously declined to enforce the patent prior to Choate’s representation.  Choate nevertheless subsequently enforced the patent and related license agreements in numerous actions in federal courts in Georgia and Illinois, resulting in a number of settlements and significant court rulings preserving Tillotson's ability to enforce the license agreements.  Choate’s enforcement actions resulted in Court rulings supporting both actual and liquidated damages as well as recovery of attorneys' fees, ultimately recovering millions of dollars in additional license fees for the client.

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    A team of Choate lawyers represented speech recognition company Voice Signal Technologies in three litigations with Nuance Communications.  The lawsuits filed in Boston, East Texas and Pittsburgh, involved multiple claims and counterclaims for patent infringement and theft of trade secrets.  The cases have been resolved as a result of an agreement by which Nuance will acquire Voice Signal.

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    Current Choate partner led a trial team to victory at the US International Trade Commission, representing two respondents accused of infringing five complex patents directed to semiconductor test equipment.  After a trial lasting over two weeks, the Administrative Law Judge found in favor of the respondents, concluding that they had not infringed the patents in the suit and that the complainant failed to establish the necessary domestic industry – rulings that were subsequently affirmed by the full US International Trade Commission.

 

Intellectual Property Litigation

"litigation is adroitly dispatched by a stellar team"    

IAM Patent 1000

Integrated IP Litigation Practice

Expert trial lawyers who litigate complex IP cases across the United States for companies in life sciences, networking, semi-conductor, materials and software, among other industries.

Choate's trial lawyers bring partner-level intensity to each of their cases.  Our teams combine extensive experience with technical expertise to achieve their clients' goals, including pre-litigation and due diligence counseling, and outcome-driven litigation and trial strategies.

Lead Patent Counsel 

Selected as lead counsel in major patent cases, including:

Life Sciences

  • Momenta Pharmaceuticals v. Amphastar et al. 
  • Momenta Pharmaceuticals and Sandoz, Inc. v. Teva
  • Becton, Dickinson v. Insulet
  • Iovate Health Sciences v. Allmax Nutrition
  • Wyeth v. Intervet and Boehringer Ingelheim
  • Harvard University v. Abbott Laboratories
  • Tiber Laboratories, LLC v. Cypress Pharmaceuticals, Inc.
  • Amgen, Inc. v. Hoechst Marion Roussel, Inc. and Transkaryotic Therapies, Inc.
  • Housey Pharmaceuticals, Inc. v. Eisai Company, Ltd.
  • King Pharmaceuticals and Wyeth v. Teva

Networking and Software

  • Streamserve v. Hewlett-Packard
  • Akamai v. Afluo
  • Akamai v. Speedera Networks, Inc.
  • Akamai v. Limelight Technologies, Inc.
  • PiNet International, Inc. v. Avis Budget Group, Inc.
  • PiNet International, Inc. v. Dollar Thrifty Automotive Group, Inc.
  • PiNet International, Inc. v. The Hertz Corporation
  • St. Clair Intellectual Property Associates v. Hewlett-Packard
  • BSG Tech LLC v. Eastern Mountain Sports Inc.
  • BSG Tech LLC v. Christianbook.com LLC
  • Locata LBS LLC v. United Sample, Inc.

Semi-Conductor

  • AMP, Inc. v. Teradyne, Inc.
  • Formfactor, Inc. v. Micronics Japan Co. Ltd.
  • In the Matter of Certain Probe Card Assemblies, Components Thereof and Certain Tested DRAM and NAND Flash Memory Devices

Hardware, Materials and Other Technology

  • Read et al v. Powerscreen et al.
  • Polaroid Corporation v. Hewlett-Packard
  • Polartec, LLC v. Pontetorto SPA
  • Southern Mills, Inc. v. Polartec, LLC
  • Glen Raven, Inc. v. Polartec, LLC
  • Neuralogica Corp. v. Analogic, Inc.
  • Stat Medical Devices, Inc. v. Facet Technologies, et al.
  • Hollingsworth & Vose v. DelStar Technologies Inc. et al.
  • Nuance, Inc. v. Voice Signal Technologies, Inc.
  • Polaroid Corporation v. Eastman Kodak Company

Experts in Patent Interference Proceedings 

Extensive experience in interference proceedings in wide range of technologies.

License Disputes & Other IP Litigation

Counsel in major license disputes and other intellectual property litigation, including:

  • Applera d/b/a Celera Genomics Group v. Wyeth
  • Alamo Pharmaceuticals v. Astellas Pharma Inc.
  • Children’s Medical Center Corporation v. Celgene
  • HCRP v. Shionogi Pharmaceuticals
  • TransCanada v. Narragansett Electric Co
  • National Grid v. TransCanada Power Marketing

Lead Counsel in Trade Secret & Unfair Competition 

Selected as counsel in significant trade secret and unfair competition cases, including:

  • KiOR, Inc. v. Huber et al.
  • Tekmira Pharmaceuticals v. Alnylam Pharmaceuticals and AlCana Technologies
  • Content Management Associates, Inc. v. FMR LLC
  • AvePoint, Inc. v. Janalent Corporation
  • Tillotson Corporation v. Numerous Entities
  • ScanSoft, Inc. v.Voice Signal Technologies, Inc.
  • Reebok International, Ltd.v. Easton Sports, Inc.
  • Baxter HealthCare, Inc. v. Genetics Institute, Inc. (Wyeth)
  • New England Biolabs v. Enzymatics
  • Thomson Financial Services, Inc. v. British Telecommunications, PLC
  • Nuance, Inc. v. Voice Signal Technologies, Inc.
  • EMC v. Pure Storage, Inc.
  • EMC v. Butcher 
  • EMC v. Darbyshire
  • EMC v. OrangePoint
  • EMC v. Pantaenius and Kreimendahl
  • EMC v. Tomlen
  • TransCanada Power v. Narragansett Electric

Lead Counsel in Trademark & Copyright 

Lead counsel in important trademark and copyright cases, including:

  • Victoria's Secret Stores Brand Management, Inc. v. Bob's Stores LLC
  • Iovate Health Sciences v. Allmax Nutrition
  • Bell v. Streetwise Records, Ltd.
  • Donaghue v. IBC USA (Publications), Inc.
  • DataGeneral Corporation v. Grumman Systems Support Corporation
  • Triangle Technologies Inc. v. EMC Corporation
  • Foley Hoag v. Foley & Lardner
  • Iovate v. Nutrabolics
  • Heller Industrial v. IronState Development

Bench Strength

Over 30 seasoned trial lawyers and litigation team members expert in patents, trademarks, copyrights, licensing, trade secrets and unfair competition.  Decades of experience representing companies in IP disputes. 

National Recognition

Lawyers throughout practice areas consistently receive national recognition for excellence.

  • Top ranked firm for IP Litigation in Massachusetts in the 2014 edition of Chambers USA: America’s Leading Lawyers for Business.
  • Ranked “Tier 1” for Intellectual Property in Managing Intellectual Property’s 2014 IP Handbook.”
  • Recognized among the world’s leading practices for Litigation in the IAM Patent 1000
  • Partners recognized as among the world's leading patent litigators by IAM Patent Litigation 250 - The World's Leading Patent Litigators.
  • Nationally ranked as a leading Bio Life Sciences firm in Managing Intellectual Property.

Scientific Expertise

IP attorneys, patent agents and staff scientists, with PhDs and other advanced degrees, are expert in major fields, including:

Biochemistry
Biology
Biotech
Chemical engineering
Data storage
Diagnostics
Drug delivery/formulation
Energy

Genomics
Hardware
Immunology
Integrated circuitry
Internet
Materials
Medical devices
Medicinal chemistry

Nanotechnology
Neuroscience
Oncology
Proteomics
Security
Software

 

 

National/International Reach

Represent companies in litigation and arbitration throughout United States, as well as multinational companies in international disputes.

 

Thank you for reaching out to contact Choate. Before you send your message, we wanted to make sure you are aware of the following. Please do not send any confidential information in response to this link. Sending an e-mail to Choate does not give rise to an attorney-client relationship, and will not be deemed to disqualify Choate from undertaking any engagement for a current or future client.  Before any attorney-client engagement may be formed, Choate will need to check for possible conflicts of interest, you will need to consider whether you wish to retain Choate as counsel, and we will need to consider whether we wish to accept the potential engagement. In the meantime, Choate reserves the right to represent parties with interests adverse to you.

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