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Donald R. Ware
Partner
Boston
Don Ware is chair of the firm's Intellectual Property Group and past member of the firm's Executive Committee. He is recognized by Chambers USA, The Best Lawyers in America, PLC Which Lawyer? and Massachusetts SuperLawyers for his intellectual property expertise. A special emphasis of his practice is representation of biopharma companies and universities in patent and inventorship disputes, technology transfer issues, and intellectual property strategy. Most recently, he has worked on behalf of these clients to help shape proposed federal legislation affecting their intellectual property rights.
Don's patent litigation experience involves a wide range of technologies. He has successfully litigated major cases involving recombinant DNA, monoclonal antibodies, small molecule compounds, drug delivery, molecular diagnostics, research tool patents, and medical devices. Don has also litigated patent disputes in a variety of other fields, ranging from Internet search engines to integrated circuits.
In addition to his trial practice, Don has extensive experience in appellate litigation, including appearances before the United States Supreme Court and in the U.S. Courts of Appeals for the Federal Circuit, 1st Circuit, 7th Circuit, and 9th Circuit. He also has expertise in alternative dispute resolution, including mediation and arbitration, both as counsel and as arbitrator.
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
Supreme Court of the United States
Representative Experience
The following is a brief summary of Donald's experience and accomplishments:
Defended QLT Inc. in patent infringement suit brought by Massachusetts Eye and Ear Infirmary involving patented methods of treating age-related macular degeneration using QLT's drug Visudyne®, obtaining a district court order correcting inventorship to add QLT's scientist to patent followed by a stipulated dismissal of suit
Defended Becton, Dickinson and Company in a patent infringement suit brought by Enzo Biochem involving nucleotide sequences used in genetic probes, with summary judgment of invalidity affirmed in Enzo Biochem, Inc. v. Gen-Probe, Inc. et al., 424 F.3d 1276 (Fed. Cir. 2005)
Represented Biogen Idec and Genzyme in multidistrict litigation against Columbia University challenging Axel patent on recombinant DNA technology, resulting in Columbia's granting them a royalty-free covenant not to sue
Defended Atrix Laboratories in patent infringement suit brought by Takeda Pharmaceuticals involving biodegradable polymers used for drug delivery, resulting in a settlement under which Atrix obtained a royalty-free license under Takeda's past and future patents to make and sell Atrix's prostate cancer drug Eligard®
Represented Johns Hopkins University and Baxter Healthcare in patent litigation against CellPro involving human stem cell technology, and won jury verdict of willful infringement and awards of treble damages and attorneys' fees. Judgments affirmed in Johns Hopkins Univ. v. CellPro, Inc., 152 F.3d 1342 (Fed. Cir. 1998)
professional / civic involvement
Federal Circuit Bar Association, Member
American Intellectual Property Law Association, Member
Boston Patent Law Association, Member
Boston Bar Association, Member
Advisory Board, American Repertory Theatre
Master Plan Committee, Hopkinton, New Hampshire
SPEECHES AND CONFERENCES
Speaker, American Intellectual Property Law Association, Spring Meeting (2007)
Speaker, LES Licensing Foundation Day (2007)
Speaker, Intellectual Property Law Conference (MCLE 2006)
Speaker, C5 Europe, The Next Generation of Biotech Patenting (2005)
Speaker, American Conference Institute, Advanced Forum on Biotech Patents (2005, 2004, 2003)
Speaker, EuroLegal, The Next Generation of Biotech Patenting (2004)
Speaker, Johns Hopkins University Symposium on Patenting and Licensing (2004)
Speaker, New Jersey Intellectual Property Law Association, Patent Litigation Seminar (2004)
Speaker, The Canadian Institute, Forum on Pharma Patents (2003).
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