Adam practices in the area of intellectual property litigation, including patent, trademark, and trade secret law. Adam’s core practice focuses on patent litigation involving complex technologies in the pharmaceutical, medical, small arms & defense and communications industries. Adam has trial experience before multiple United States District Courts, and maintains an active practice before the United States Court of Appeals for the Federal Circuit and United States Supreme Court.
- Adam recently tried highly technical aspects of a trade secret misappropriation case before a jury in the United States District Court for the District of Massachusetts, resulting in a multimillion dollar judgment for his client. VLP Watertown Limited Partnership v. TriState Breeders Coop., 07-cv-11487-GAO (D. Mass. 2010).
- Adam was a key member of trial teams representing major international branded pharmaceutical companies Hatch-Waxman patent infringement actions, including: See, e.g., Mitsubishi Chem. Co. v. Barr Labs., Inc., 718 F. Supp. 2d 382 (S.D.N.Y. 2010); Takeda Chem. Indus., Ltd. v. Mylan Labs. Inc., 417 F. Supp. 2d 341 (S.D.N.Y. 2006).
- Adam coordinated a team of attorneys in briefing before the United States Court of Appeals for the Federal Circuit on petition for rehearing en banc and the United States Supreme Court, securing reversal of summary judgment of indefinitness. See Wellman, Inc., v. Eastman Chem. Co., 642 F.3d 1355 (2011), reh’g and reh’g en banc denied (Aug. 11, 2011), cert. denied, 132 S. Ct. 1541 (2012).
- Adam played a pivotal role in briefing and argument in what is now the United States Court of Appeals for the Federal Circuit’s authoritative pronouncement on the law of chemical obviousness, post-KSR, Takeda Chem. Indus., Ltd. v. Alphapharm Pty., Ltd., 492 F.3d 1350 (Fed. Cir. 2007), cert. denied, 552 U.S. 1295 (2008).
- Through the interplay of litigation and regulatory strategy, Adam has advised innovator pharmaceutical clients on new product development, Orange Book listing, citizen petition practice and the settlement of multiparty, hotly-contested Hatch-Waxman litigation.
- Adam routinely consults in due diligence on blockbuster pharmaceutical assets, including the review and assessment of litigation, regulatory and settlement strategies.
- Adam drafted motion papers to secure a finding (adjudicated on the papers) of an exceptional case under 35 U.S.C. § 285, 459 F. Supp. 2d 227 (S.D.N.Y. 2006), and a subsequent award of attorneys’ and experts’ fees, 2007 WL 840368 (S.D.N.Y. Mar. 21, 2007). Adam drafted briefing before the U.S. Court of Appeals for the Federal Circuit and United States Supreme Court to see that judgment upheld. Takeda Chem. Indus., Ltd. v. Mylan Labs., Inc., 549 F.3d 1381 (Fed. Cir. 2008), cert. denied, 552 U.S. 1295 (2009).
- Adam recently obtained favorable settlements on behalf of small arms & defense industry clients accused of patent infringement.
- Adam frequently advises private investors, including hedge and equity funds, on high-stakes IP litigation at both the trial and appellate level.
- Adam was a member of a litigation team that obtained a favorable trial verdict for a client accused of patent infringement in a case regarding communications equipment.
Besides Edwards Wildman
Adam enjoys spending time on the water with his family. He holds a United States Coast Guard Captain’s license and volunteers as pro bono admiralty counsel to the Courageous Sailing Center in Boston. When work and family allow, Adam competes in fullbore rifle matches, having won the Massachusetts State Championship for 2003, 2004, and 2006. Adam has competed and won internationally, including as a member of several U.S. Goodwill teams.