Thomas H. Wintner


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Experience & Credentials

Practice Areas

  • Intellectual Property
  • IP Litigation
  • Litigation
  • Appellate
  • Class Action
  • Private Equity
  • Venture Capital & Emerging Companies
  • Valuation & Assessment
  • Life Sciences
  • Education
  • Health Care
  • Real Estate
Contact InfoTelephone: 617.348.1625
Fax: 617-542-2241
Internet: Each Attorney's Internet Address takes the following form: first initial, last name (e.g.,
University Williams College, B.A., Chemistry, summa cum laude; University of Siegen, Fulbright Scholar; Harvard University, M.A., Bioorganic Chemistry NSF Fellow
Law SchoolUniversity of Virginia, J.D.
Admitted2007, Massachusetts; United States Court of Appeals for the Federal Circuit; United States Court of Appeals for the First Circuit; United States Court of Appeals for the Fourth Circuit; United States Court of Appeals for the Ninth Circuit; United States Court of Appeals for the Sixth Circuit; United States District Court for the District of Massachusetts; United States Supreme Court

Professional & Community Involvement
•Member, Boston Bar Association (College and University Section)
•Member, National Association of College and University Attorneys (NACUA)
•Member, Board of Directors of YMCA Camp Belknap, New Hampshire
•Member, American Chemical Society

LanguagesFrench; German; Spanish
BornJuly 31, 1971

Tom focuses on complex litigation, at both the trial and appellate levels, for clients in a wide range of industries. He has successfully tried cases in both state and federal courts, and has guided others through mediation and arbitration. In his appellate practice, Tom has secured victories for clients in the First, Fourth, Ninth, and Federal Circuit Courts of Appeal as well as the Massachusetts Appeals Court.

In matters involving intellectual property, Tom draws on his prior experience as a research chemist. He represents life sciences companies in patent litigation and other intellectual property disputes, and has particular experience representing clients in matters involving pharmaceuticals, biotech, the Hatch-Waxman Act (for small molecule drugs), and the Biologics Price Competition and Innovation Act (for large-molecule biologics).

For education industry clients, Tom draws on his prior experience as a college dean. His clients include colleges and universities, and he represents them in matters as diverse as faculty and student affairs, regulatory compliance (including Title IX), internal investigations, and research misconduct proceedings.

Tom also has significant experience defending class actions in both federal and state courts.

Prior to joining the firm, Tom was a partner in the Boston office of another international law firm, where he was part of the litigation and IP litigation practices and co-chaired the firm's educational institutions practice. Prior to that, he clerked for the Honorable Boyce F. Martin Jr. on the United States Court of Appeals for the Sixth Circuit. Before attending law school, Tom served as Associate Dean of the Faculty at Williams College.

Daley/Taylor v. Avellino, No. 2012-P-0736 (Mass. App. Ct. April 18, 2013): Obtained complete 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 a 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 US Supreme Court (No. 09-920) and referred to Solicitor General (May 3, 2010), but certiorari ultimately denied (Oct. 18, 2010).

Other Litigation
•Defense of multiple state and federal class actions involving Massachusetts landlord-tenant law.
Takeda Pharmaceutical Co. v. Mylan, Inc., No. 12-00024 (S.D.N.Y.): Hatch-Waxman action involving multiple Orange Book-listed patents covering an extended-release combination product for treatment of type 2 diabetes.
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.

• Mintz Levin Further Expands IP Practice with Eighteen Attorneys, (01.09.2015)
•Featured in Mintz Levin Adds More from Edwards Wildman, Bingham McCutchen, The American Lawyer (01.08.2015)

•Author, 2015 Will Be a Watershed Moment for Biosimilars, Law360 (02.03.2015)

Reported CasesRepresentative Matters: Trial; 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 FrEres v. SPI Pharma, Inc., No. 06-540 (D. Del. Oct. 4, 2010) (Sleet, C.J.).; Massachusetts Housing Court (various).

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The Federal Circuit’s First Foray into the BPCIA: “A Pulitzer Prize for Complexity”?
Thomas H. Wintner, June 11, 2015
Yesterday, a Federal Circuit panel comprising Judges Newman, Lourie, and Chen heard oral argument in Amgen Inc. v. Sandoz Inc. (Fed. Cir. No. 2015-1499), the first ever case requiring the Appeals Court to address the meaning of various provisions of the Biologics Price Competition and Innovation...
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Thomas H. Wintner

BostonMA 02111


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