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Philip C. Swain
Partner
Registered Patent Attorney
Boston
With over 20 years of experience in patent litigation, Phil Swain has had an extremely broad range of experience as a patent trial and appellate lawyer. Phil has represented large and small clients in intellectual property litigation throughout the country. That includes trial of more than 11 cases, and appearances before the United States Court of Appeals for the Federal Circuit in half a dozen appeals. In addition to patent litigation, he also has tried copyright and trademark infringement, trade secret misappropriation and unfair competition cases. Phil uses his trial and appellate experience to deliver cost-effective service in complex litigation by focusing on the most effective strategies for his clients to achieve their business objectives.
Phil's focus is primarily on clients in advanced technology applications. That includes telecommunications and information technology, computers and software, and medical devices. He has also handled intellectual property litigation involving mechanical devices, sporting goods and health care products.
Before joining Foley Hoag in 1997, Phil was a partner in the Chicago and Los Angeles offices of another national law firm. Following law school graduation, he served for two years as law clerk to the Honorable Giles Rich of the United States Court of Appeals for the Federal Circuit in Washington, D.C.
Bars and Court Admissions
District of Columbia
California
Illinois
Massachusetts
U.S. District Court for the Northern District of California
U.S. District Court for the Eastern District of California
U.S. District Court for the Southern District of California
U.S. District Court for the Eastern District of Michigan
U.S. District Court for the District of Arizona
U.S. District Court for the Central District of California
U.S. District Court for the Northern District of Illinois
U.S. Supreme Court
U.S. Patent & Trademark Office (Agency)
U.S. Court of Appeals, Federal Circuit
U.S. District Court for the District of Massachusetts
U.S. Court of Federal Claims
Representative Experience
The following is a brief summary of Philip's experience and accomplishments:
Tried major patent and technology-related cases for Hughes Aircraft, General Motors, Titanium Metals and Boston Communications Group
Acted as lead counsel for two MIT researchers in a case involving use of natural language search technology on the Internet
Acted as lead counsel for Cistron Biotechnology and four universities in the Boston area in large trade secret misappropriation case against Immunex Corporation of Seattle
Argued before the Federal Circuit in patent cases for Invensys, Coastal Nursery Co.
professional / civic involvement
Federal Circuit Bar Association, Past President
Federal Circuit Historical Society, President
AIPPI, Chair, 2008 Boston Congress, and Vice President, United States Group
Center for International Legal Studies in Salzburg, Austria, Fellow
American Bar Association, Intellectual Property Law Section: Amicus Committee; Editorial Board; Section Officers Conference Committee on Professional Responsibility
American Intellectual Property Law Association
Boston Bar Association
Boston Patent Law Association
Intellectual Property Owners Association
publications
Patent Injunctions one year after eBay v MercExange, Suffolk High Technology Law Conference, April 20, 2007
Upcoming Supreme Court case may affect patents, MASS HIGH TECH (September 29, 2006).
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