Antoinette F. Konski: Lawyer with Foley & Lardner LLP

Antoinette F. Konski


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Experience & Credentials

Practice Areas

  • Biosimilars
  • Food & Beverage
  • Life Sciences
  • Manufacturing
  • Medical Devices
  • IP Due Diligence
  • Nanotechnology
  • Personalized Medicine
  • Stem Cell Technologies
  • Business Method & Software Patents
  • Chemical, Biotechnology & Pharmaceutical
Contact InfoTelephone: 650.251.1129
Fax: 650.856.3710
University University of Delaware, B.S. Omicron Nu Honor Society
Law SchoolFordham University School of Law, J.D. Member of the Urban Law Journal
Admitted1989, New York; 1993, California; registered to practice before U.S. Patent and Trademark Office

Antoinette F. Konski is a partner and intellectual property lawyer with Foley & Lardner LLP. Ms. Konski works with life science clients, creating and optimizing value in intellectual property portfolios encompassing technologies that include personalized medicine, regenerative and stem cell biology, antibodies, immunology, gene therapy, nanotechnology, diagnostics, small molecules and drug delivery. She represents public and private companies and universities. Ms. Konski currently serves as the firm's Silicon Valley IP office chairperson and co-chair of the Life Sciences Industry Team. She is the editor of the Foley Personalized Medicine blog,

Ms. Konski's practice includes:
• Identifying diverse commercial applications for early stage technologies
• Developing, prosecuting and managing global intellectual property portfolios
• Advising clients on preparing for due diligence investigations and conducting due diligence of target intellectual property
• Providing inventorship; patent invalidity, freedom to operate and non-infringement opinions
• Advising clients on domestic and foreign IP acquisitions
• Assisting clients resolve intellectual property disputes in non-litigious forums

Before entering the legal profession, Ms. Konski was employed by Penn State Medical College in a molecular virology laboratory and later by Memorial Sloan-Kettering Cancer Center in a tumor immunology laboratory.

Representative Experience

Her selected corporate representations include:
• Confidential Engagement - IP due diligence in connection with acquisition
• Novel BioVentures - IP due diligence in connection with equity investment in stem cell company
• A.G. Edwards - IP due diligence in connection with equity investment
• CellTech Group, plc - IP due diligence in connection with acquisition of pharmaceutical company
• CHL Medical Partners - IP due diligence in connection with equity investment
• HealthCare Ventures - IP due diligence in connection with Series A equity investment
• Lehman Brothers - IP due diligence in connection with stock offering
• Lehman Brothers - IP due diligence in connection with underwriting of CancerVax IPO
• Yamanouchi Pharmaceuticals - IP due diligence in connection with possible acquisition of target companies (two separate engagements)


In 2013, Ms. Konski was named one of Silicon Valley's Women of Influence by the Silicon Valley Business Journal. In 2011, she was selected as a Top 25 IP Portfolio Manager in California and one of 25 Leading Biotech Lawyers in California, each by the Daily Journal. She was recognized by The Legal 500 for her work in the area of health care - life sciences in 2013 and 2014 and was also recognized in The Legal 500 US 2009 Edition and in The Legal 500 US: Volume II: Intellectual Property, Media, Technology, and Telecom 2007 Guide as a top attorney for patent prosecution.


Ms. Konski earned her J.D. degree from Fordham University School of Law where she was a member of the Urban Law Journal. She earned her Bachelor of Science degree from the University of Delaware where she was elected to Omicron Nu Honor Society.

Admissions and Professional Memberships

She is a member of the State Bar of California, the State Bar of New York, the Biotechnology Section of the American Bar Association and the American Intellectual Property Lawyers Association. She is registered to practice before the U.S. Patent and Trademark Office.


Ms. Konski is an active member of BayBio, Northern California's life science trade organization, she previously served as co-chair for the program committee. She is president of the Women's Intellectual Property Law Association (WIPLA) and a member of the San Francisco chapter of Women in Bio.

• Konski, "Inventorship and Authorship," in Intellectual Property in Molecular Medicine, ed. Salim Mamajiwalla et al. (Cold Spring Harbor Laboratory Press, 2014)
• Konski, "Patenting Stem Cell Technologies: Making a Claim," Colloquium Series on Stem Cell Biology (2013)
• Konski, "Legal Challenges to Healthcare Reform Threaten Biopharmaceutical Legislation," GEN (March 2011)
• Konski, "Defining the Scope of Commercial Success," InsideCounsel (January 2011)
• Konski, "Are We There Yet? How to Meet Chinese Patent Law Data Disclosure Requirements," InsideCounsel (January 2011)
• Konski, "Federal Circuit Rules on Patent Eligibility After Bilski," InsideCounsel (December 2010)
• Konski, "Selling and Testing? Mind the On-Sale Bar," InsideCounsel (December 2010)
• Konski and Best, "Stem Cell Funding Controversy Creates Uncertainty for Ongoing and Future Research," AHLA Connections (December 2010)
• Konski, "Does the First Sale Doctrine Apply to Imported Goods?" InsideCounsel (November 2010)
• Konski, "Peer to Patent Announces Third Wave," InsideCounsel (November 2010)
• Best and Konski, "An Unclear Future for Stem Cell Research: District Court Orders Federal Government to Halt Embryonic Stem Cell Research Funding," Foley & Lardner LLP Legal News Alert (August 2010)
• Waltz and Konski, "The Genomics and Personalized Medicine Act of 2010," HealthLaw360 (August 2010)
• Konski, "Reading Tea Leaves: An Update on Personalized Medicine: Innovation, Threats and Opportunities," Bloomberg's Intellectual Property Law Report (July 2010)
• Konski, "Personalized Medicine: Innovation, Threats and Opportunities," Bloomberg's Intellectual Property Law Report (July 2010)
• Konski and Waltz, "The Genomics and Personalized Medicine Act of 2010 Introduced in the House of Representatives," Foley & Lardner LLP Legal News Alert (June 2010)
• Konski et al., "Health Care Reform Bill Offers Support for Personalized Medicine," Foley & Lardner LLP Legal News Alert (April 2010)
• Best, et al., "District Court Rules That Genes and Genetic Tests are Not Patentable," Foley & Lardner LLP Legal News Alert (March 2010)
• Konski et al., "From Speculation to Reality: Personalized Medicine and The Genetic Information and Nondiscrimination Act," Foley & Lardner LLP Legal News Alert (November 2009)
• Konski "Federal Circuit Addresses Patent Eligibility of Companion Diagnostic Claims," BayBio Notes (November 2009)
• Konski and Spielthenner, "Stem Cell Patents, A Landscape Analysis," Nature Biotechnology (Vol. 27(8), pages 722-726, 2009)
• Konski, Brinckenhoff, Nie, "Genes Under the Microscope - Novel or Not?" Intellectual Property Today (July 2009)

• "Antibody Therapeutics Conference," San Diego, California (December 2010)
• "Who Pays for Personalized Medicine," Palo Alto, California (July 2010)
• "Personalized Medicine & Health Care Reform," Realizing the Promise" Palo Alto, California (June 2010)
• "Fast Track to Action - A Look at the Patent Prosecution Highway," Palo Alto, California (May 2009)
• "Antibody Patents: Getting the Scope You Deserve," San Diego, California (January 2009)

• "Divisiveness Brings Uncertainty, Stem-Cell Researchers Look Elsewhere For Funding," Modern Healthcare (August 1, 2011)
• "Stem Cell Injunction," Pharmawire (August 31, 2010)
• "Scientific Patents," San Jose Mercury News (May 22, 2010)


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FDA Issues Draft Guidance for Regulation of LDTs
Antoinette F. Konski, October 10, 2014
On September 30th, 2014 the U.S. Food and Drug Administration published the draft guidance entitled ”Framework for Regulatory Oversight of Laboratory Developed Tests (LDTs)” (“Guidance”). The publication of the draft Guidance is the next step in FDA’s implementation of...

Myriad Set for Another Round
Antoinette F. Konski, September 30, 2014
On Monday October 6th, the U.S. Court of Appeals for the Federal Circuit will entertain oral argument in another case involving Myriad’s BRCA1/BRCA2 diagnostic tests. In re BRCA1- and BRCA2- Based Hereditary Cancer Test Patent Litigation, Case Nos. 14-1361, -1366. In the words of Myriad...

Unlocking the Promise of Personalized Medicine: Reimbursement, Coverage, and Clinical Utility
Antoinette F. Konski, September 17, 2014
AmerisourceBergen, in connection with the Business of Personalized Medicine Summit, released “Unlocking the Promise of Personalized Medicine: Perspectives on Reimbursement, Coverage, and Clinical Utility” (“Report“). The Report explores the role of personalized medicine in...

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Office Information

Antoinette F. Konski

975 Page Mill Road
Palo AltoCA 94304


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