Adam practices in the area of intellectual property litigation, including patent, trademark, and trade secret law. Adam's core practice focuses on patent litigation involving complex technologies in the pharmaceutical, medical, firearms and communications industries. Adam has trial experience before multiple United States District Courts, and has submitted extensive briefing before the United States Court of Appeals for the Federal Circuit and United States Supreme Court.
Notable Experience
· Adam recently tried highly technical aspects of a trade secret misappropriation case before a jury in the United States District Court for the District of Massachusetts, resulting in a multimillion dollar judgment for his client. VLP Watertown Limited Partnership v. TriState Breeders Coop., 07-cv-11487-GAO (D. Mass. 2010).
· Adam was a key member of trial teams representing major international branded pharmaceutical companies Hatch-Waxman patent infringement actions, including: See, e.g., Mitsubishi Chem. Co. v. Barr Labs., Inc., 718 F. Supp. 2d 382 (S.D.N.Y. 2010); Takeda Chem. Indus., Ltd. v. Mylan Labs. Inc., 417 F. Supp. 2d 341 (S.D.N.Y. 2006).
· Adam played a pivotal role in briefing and argument in what is now the United States Court of Appeals for the Federal Circuit's authoritative pronouncement on the law of chemical obviousness, post-KSR, Takeda Chem. Indus., Ltd. v. Alphapharm Pty., Ltd., 492 F.3d 1350 (Fed. Cir. 2007), cert. denied, 552 U.S. 1295 (2008).
· Through the interplay of litigation and regulatory strategy, Adam has advised innovator pharmaceutical clients on new product development, Orange Book listing, citizen petition practice and the settlement of multiparty, hotly-contested Hatch-Waxman litigation.
· Adam routinely consults in due diligence on blockbuster pharmaceutical assets, including the review and assessment of litigation, regulatory and settlement strategies.
· Adam drafted motion papers to secure a finding (adjudicated on the papers) of an exceptional case under 35 U.S.C. § 285, 459 F. Supp. 2d 227 (S.D.N.Y. 2006), and a subsequent award of attorneys' and experts' fees, 2007 WL 840368 (S.D.N.Y. Mar. 21, 2007). Adam drafted briefing before the U.S. Court of Appeals for the Federal Circuit and United States Supreme Court to see that judgment upheld. Takeda Chem. Indus., Ltd. v. Mylan Labs., Inc., 549 F.3d 1381 (Fed. Cir. 2008), cert. denied, 552 U.S. 1295 (2009).
· Adam recently obtained favorable settlements on behalf of firearms-industry clients accused of patent infringement.
· Adam frequently advises private investors, including hedge and equity funds, on high-stakes IP litigation at both the trial and appellate level.
· Adam was a member of a litigation team that obtained a favorable trial verdict for a client accused of patent infringement in a case regarding communications equipment.
Recent Speaking Engagements and Publications
· "Post-KSR ANDA Litigation in the United States: Developments in the Law of Chemical Obviousness Relevant to Pharmaceutical Compounds and Compositions," 6 Intellectual Property Management, Japan Intellectual Property Association, 703, June 2008.
· Suffolk University Law School Patent Litigation Seminar, invited lecturer, Spring 2008.
· "Pharmaceutical Patent Lifecycle Management: Background, Developments, and Planning for Future Products," presenter, Southwest Michigan Innovation Center, November 7, 2007.
· "Is TSM Dead? The Case Is Not So Obvious," co-author, Edwards Angell Palmer & Dodge Intellectual Property Bulletin, Summer/Fall 2007.
· "The Practical Efforts of Federal Legislation Altering and Amending the Substantive Admiralty Law of Salvage and Finds: the Portland Model," 37 Suffolk U. L. Rev. 513 (2004).
News & Publications
Summer/Fall 2007, Intellectual Property Bulletin - Summer/Fall 2007
Edwards Angell Palmer & Dodge LLP
September 20, 2006, Attorney's Fees Granted in Takeda Pharmaceutical's Patent Case on ACTOS®
Edwards Angell Palmer & Dodge LLP
Besides Edwards Wildman
Adam enjoys spending time on the water with his family. He holds a United States Coast Guard Captain's license and volunteers as pro bono admiralty counsel to the Courageous Sailing Center in Boston. When work and family allow, Adam competes in fullbore rifle matches, having won the Massachusetts State Championship for 2003, 2004, and 2006. Adam has competed and won internationally, including as a member of several U.S. Goodwill teams.
Industries
· Life Sciences
Memberships
· Boston Bar Association
· American Intellectual Property Law Association
· Boston Patent Law Association
· Federal Circuit Bar Association
· American Chemical Society