Thomas H. Wintner: Lawyer with Edwards Wildman Palmer LLP

Thomas H. Wintner

Partner
Boston,  MA  U.S.A.
Phone617-239-0881

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Experience & Credentials
 

Practice Areas

  • Complex Litigation
  • IP Litigation
  • Appellate Litigation
  • Educational Institutions
  • Class Action
  • Intellectual Property
  • Life Sciences
 
University Williams College, B.A., summa cum laude, 1993; Harvard University, M.A., 1996
 
Law SchoolUniversity of Virginia, J.D., 2006
 
AdmittedMassachusetts; U.S. Supreme Court; U.S. Court of Appeals; U.S. District Court; U.S. Court of Appeals; U.S. Court of Appeals; U.S. Court of Appeals; U.S. Court of Appeals
 
Memberships 

Memberships

Boston Bar Association (College and University Section)
National Association of College and University Attorneys (NACUA)

 
LanguagesGerman; French
 
BornJuly 31, 1971
 
Biography

Tom's practice focuses on complex litigation, at both the trial and appellate levels, for a diverse array of industries. He has successfully tried cases in both state and federal court, and has shepherded others through mediation or arbitration. On the appellate side, Tom has secured victories for his clients in the First, Fourth, Ninth, and Federal Circuit Courts of Appeal, as well as the Massachusetts Appeals Court.

Tom's expertise is particularly deep in two areas. First, drawing on his prior experience as a research chemist, Tom represents life sciences companies in patent litigation and other intellectual property matters, with emphasis on pharmaceuticals, biotech, the Hatch-Waxman Act (for small molecule drugs), and the Biologics Price Competition and Innovation Act (for large-molecule biologics). Second, drawing on his prior experience as a college dean, Tom represents educational institutions in matters as diverse as faculty and staff employment, campus security, regulatory compliance (such as Title IX), internal investigations, and research misconduct proceedings.

Before joining Edwards Wildman, Tom clerked for the Honorable Boyce F. Martin, Jr. of the United States Court of Appeals for the Sixth Circuit.

Trial Experience

Mitsubishi Chemical Corp. v. Barr Laboratories, Inc., 718 F. Supp. 2d 382 (S.D.N.Y. 2010) (Koeltl, J.), affirmed, No. 2010-1432, 2011 WL 3288394 (Fed. Cir. Aug. 2, 2011) (client's patent held valid over anticipation and obviousness challenges; defendant's ANDA approval enjoined).

Daley/Taylor v.Avellino, Nos. NACV2009-09/10 (Mass Super. Ct. May 9, 2011) (Cratsley, J.) (successfully obtained reversal of jury verdict on appeal).

Roquette Frores v.SPI Pharma, Inc., No. 06-540 (D. Del. Oct. 4, 2010) (Sleet, C.J.).

•Massachusetts Housing Court (various).

Appellate Experience

Daley v. Avellino, No. 2012-P-0736 (Mass. App. Ct. April 18, 2013) (obtained reversal of judgment on jury verdict).

Rota-McLarty v.Santander Consumer USA Inc., 700--- F.3d 690 ---, (4th Cir. 2012) (obtained reversal of district court judgment denying motion to compel arbitration in putative class action).

DeLia v.Verizon Communications Inc., 656 F.3d 1 (1st Cir. 2011) (obtained affirmance of district court summary judgment in favor of client on various employment law claims).

Mitsubishi Chemical Corp. v. Barr Laboratories, Inc., No. 2010-1432, 2011 WL 3288394 (Fed. Cir. Aug. 2, 2011) (obtained affirmance of district court judgment upholding client's patent over anticipation and obviousness challenges).

Boston Telecommunications Group, Inc. v. Wood, 588 F.3d 1201 (9th Cir. 2009) (obtained reversal of district court's dismissal on forum non conveniens grounds, overcoming abuse of discretion review).

Simmons v. Galvin, 575 F.3d 24 (1st Cir. 2009) (application of the Voting Rights Act of 1965 to felon disenfranchisement laws). Appealed to U.S. Supreme Court (No. 09-920) and referred to Solicitor General (May 3, 2010), but certiorari ultimately denied (Oct. 18, 2010).

Other Experience

Hy-Ko Products Company v. The Hillman Group, Inc., No. 08-1961 (N.D. Ohio) (patent infringement action involving key duplication technology).

Boston Telecommunications Group, Inc. v. Wood, No. 02-05971 (N.D. Cal.) (dispute over investment in cable television venture).

American Tower, Inc. v. Woodcrest Co., No. 2009-1309 (Ark. Cir. Ct., Pulaski County) (dispute over cell tower lease).

•Argued statutory and constitutional issues before the Solicitor General of the United States, on behalf of class of disenfranchised felons in Massachusetts. SeeSimmons v. Galvin (above).

•Defeated defendant's 1404(a) motion for transfer in Hatch-Waxman patent dispute.

•Successfully represented college and university clients of the firm in matters including:


•Internal investigations of admissions and financial aid practices;

•Defending university against defamation and other claims asserted by a terminated faculty member (summary judgment awarded for university on all claims);

•Defending university police officers against civil rights claims alleging wrongful arrest and excessive force;

•Responding to state attorney general investigations into student lending practices.

Besides Edwards Wildman

Tom serves on the Board of Directors of YMCA Camp Belknap, a 100+ year-old summer camp for boys on Lake Winnipesaukee in New Hampshire. He is also active in the Cambridge, MA community where he and his family reside.

Prior to law school, Tom was an administrator at Williams College, where he worked as Associate Dean of the Faculty (2000-2003) and Assistant Dean of Admission (1997-2000).

 
ISLN919507980
 
Profile Visibility
#650 in weekly profile views out of 19,408 lawyers in Boston, Massachusetts
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Office Information

Thomas H. Wintner

111 Huntington Avenue
BostonMA 02199-7613




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