Goodwin
Firm overview:
Established in Boston in 1912, Goodwin has grown to employ almost 3,000 staff across 16 offices in the US, Europe and Asia. The firm has experienced significant growth in recent years, with a nearly 30% increase in lawyers and staff since January 2021.
Goodwin represents national and international companies across industries on the full range of IP litigation issues, spanning patents, copyrights, trademarks, and trade secrets. In the US, where it operates from eight offices, Goodwin is seen by peers as a prominent competing firm for patent work.
More than 80 dedicated litigators work in Goodwin’s Intellectual Property Litigation team, most of whom have technical degrees in areas such as biology, chemistry, computer science, engineering, neuroscience, and physics. The firm’s clients are in the life sciences, private equity, real estate, technology, and financial industries.
Attorneys in Goodwin’s Patent Prosecution & Counseling practice focus on developing and implementing patent procurement, management and exploitation policies for clients. The firm’s well-established Patent Litigation team has litigated hundreds of patent matters across the US, securing preliminary injunctions, declaratory and summary judgments, advantageous settlements and other relief.
Goodwin is regarded highly for its activity before the Patent Trial and Appeal Board (PTAB), and has substantial experience before the Federal Circuit, the International Trade Commission (ITC) and the US Court of Federal Claims.
Goodwin’s life sciences expertise is particularly strong; it operates a Life Sciences & Technology Arbitrations practice and employs more than 240 dedicated lawyers and patent agents across all major life sciences hubs in the US, Europe, and Asia. The firm works with life sciences companies throughout the corporate lifecycle—from startup and commercial-stage to maturity—as well as investors, banks, and others in the life sciences ecosystem. Goodwin counts Moderna, which developed the COVID-19 vaccine, among its clients.
Team overview:
Goodwin’s patent specialists work closely with the firm’s patent litigators, some of whom are former patent examiners with the US Patent and Trademark Office. Co-chairs of the Intellectual Property group Catherine McCarty in Boston, and James Riley in Silicon Valley, are key contacts for the Patent Prosecution & Counseling practice.
Co-chair of Intellectual Property Litigation, Elaine Herrmann Blais in Boston, and Brett Schuman in San Francisco, are key contacts for the Patent Litigation practice. Herrmann Blais counsels clients and advocates to Congress on legislation impacting the pharmaceutical industry, including the Biologics Price Competition & Innovation Act and the America Invents Act.
In January 2025, Goodwin made two key appointments to its Intellectual Property practice, both in the New York office. PTAB expert Theodoros Konstantakopoulos joined as a partner in the New York office. Hermann Blais said: “Theodoros’s technical expertise, and impressive track record in PTAB proceedings will be an incredible asset for our clients as we continue to scale our intellectual property capabilities.”
Carl Morales—formerly at Fenwick & West—joined the firm’s Life Sciences practice as a partner. Mitchell Bloom, global chair of Life Sciences, said: “With a strong foundation in both science and law, Carl’s highly impressive work in securing, protecting, and managing patent rights for clients in the biotechnology, chemistry, pharmaceutical, and medical device sectors greatly complements our practice and team.”
Key matters:
Litigation:
● Moderna v BioNTech, Pfizer, Case No. 1:22-cv-11378-RGS, US District Court for the District of Massachusetts,
Long-term Goodwin client Moderna sued BioNTech and Pfizer in Massachusetts and the Regional Court of Düsseldorf in Germany in 2022, alleging that the plaintiffs’ vaccine Comirnaty infringed its patents covering the mRNA technology behind the COVID-19 vaccine.
Pfizer and BioNTech filed inter partesreview (IPR) petitions, which were instituted by the PTAB in March 2024. The panel found that the five enumerated Fintivfactors weighed in favour of discretionary denial; however, the panel found the merits to be compelling enough to warrant institution. A final written decision for IPR2023-01358 and IPR2023-01359 is expected by March 19, 2025.
Meanwhile, a parallel lawsuit was heard in the High Court of England and Wales, which issued a split ruling over Moderna’s patents in July 2024, which BioNTech and Moderna indicated they would appeal.
Paul Hastings partners Bruce Wexler and Eric Dittmann are advising BioNtech.
● GSK v Moderna, Case No. 1-24-cv-01151, US District Court for the District of Delaware, 2024
GlaxoSmithKline (GSK) filed a pair of lawsuits in October 2024 alleging that Moderna infringed its patented messenger RNA (mRNA) technology through the sale of COVID-19 vaccine Spikevax and respiratory syncytial virus (RSV) jab mResvia.
GSK is represented by attorneys from Richards, Layton & Finger, and Desmarais.
● Nike v New Balance Athletics, Case No. 1:23-cv-12666-JEK, US District Court for the District of Massachusetts, 2024
A Goodwin team of Douglas Kline, Amadou Diaw, Jacqueline Genovese Bova and Sarah Casey advise New Balance, which is being sued by Nike for alleged infringement of its Flyknit patented technology. In August 2024 a district court denied New Balance’s motion to partially dismiss Nike’s claims.
Nike is represented by Fred Kelly, Christopher Renk, Michael Harris, Aaron Bowling, Lindsey Staubach, Kathleen Duffy and Miranda Hallett from Arnold & Porter.
Clients:
Prosecution: Micromass UK, Insulet Corporation, Deciphera Pharmaceuticals, BitSight Technologies, WiTricity Corporation, Arthrosurface Incorporated, Soft Robotics, Genpact Luxembourg, Waters Technologies Ireland, Indigo, E&J Gallo Winery.
Litigation: Moderna, Microchip Technology, CommScope, Otto Trucking, Applied Materials, ARRIS, Cisco Systems, Atmel, ActiveVideo Networks, Teva Pharmaceuticals, Dr Reddy’s, MSN, X1 Discovery.
