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Barbara A. Fiacco
Partner
Boston
Barbara Fiacco represents clients in complex intellectual property and patent litigation matters. Her technology-related practice focuses on the biomedical field, including counsel to companies with activities focusing on recombinant DNA, monoclonal antibodies, small molecule compounds, drug delivery, molecular diagnostics, and medical devices. She has defended pharmaceutical and life sciences clients in significant patent infringement lawsuits that have resulted in summary judgment or other favorable outcomes for her clients. Barbara also represents these clients in contract disputes and other commercial litigation.
Before joining Foley Hoag, Barbara served as a law clerk to the Honorable Richard J. Cardamone of the United States Court of Appeals for the Second Circuit
Bars and Court Admissions
Massachusetts
U.S. District Court for the District of Massachusetts
U.S. Court of Appeals, Federal Circuit
U.S. Court of Appeals, First Circuit
Representative Experience
The following is a brief summary of Barbara's experience and accomplishments:
Defended Becton, Dickinson and Company in a patent infringement suit brought by Enzo Biochem involving nucleotide sequences used in genetic probes. The summary judgment of invalidity was affirmed in Enzo Biochem, Inc. v. Gen-Probe, Inc. et al., 424 F.3d 1276 (Fed. Cir. 2005.)
Filed an amicus brief in the Court of Appeals for the Federal Circuit on behalf of the American Intellectual Property Law Association in In re Bilski, concerning the scope of statutory subject matter under 35 U.S.C. § 101
Defended Becton, Dickinson and Company in a contract dispute over the licensing of certain monoclonal antibodies.
Represented Baxter Healthcare in the Genetics Institute, Inc. et al. v. Baxter International et al. patent infringement and breach of contract suit involving technology for the manufacture and purification of recombinant Factor VIII.
Defended Atrix Laboratories in a patent infringement suit brought by TAP Pharmaceuticals involving biodegradable polymers used for drug delivery. Under terms of a settlement, Atrix obtained a royalty-free license under TAP's past and future patents to make Atrix's prostate cancer drug Eligard®.
Represented QLT Inc. in a patent infringement suit brought by Massachusetts Eye and Ear Infirmary involving inventorship of patented methods for treating age-related macular degeneration using QLT's proprietary drug Visudyne®. We obtained a district court order correcting inventorship to add QLT's scientist to the patent, leading to stipulated dismissal.
professional / civic involvement
American Intellectual Property Law Association (AIPLA) Chair, Membership Committee
American Bar Association, Intellectual Property Law Section Member
Boston Bar Association, Member
Women's Bar Association, Member
Boston Patent Law Association, Member
Federal Circuit Bar Association, Member
SPEECHES AND CONFERENCES
Speaker, MCLE, Major Changes for Patent Lawyers and Litigators (June 2007)
Speaker, American Conference Institute, Life Sciences IP Due Diligence for Buyers: Overcoming Attorney-Client Privilege and Ethical Concerns When Conducting Due Diligence (April 2007)
Speaker, American Intellectual Property Law Association, The Implications of Knorr-Bremse, Mid-Winter Institute (2005)
publications
The Federal Circuit: no special treatment for this specialized court, MASSACHUSETTS LAWYERS WEEKLY (July 2007)
Research collaborations: Avoiding possible traps, MASS HIGH TECH (April 2007)
Co-author, The Federal Circuit Ends the Adverse Inference: Do you still need an opinion of the counsel?, INTELLECTUAL PROPERTY & TECHNOLOGY LAW JOURNAL (November 2004).
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