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, high technology and defense 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.
- MKS Instruments v. Emphysys, C.A. No. 12-1858-BLS (Ma. Super. Ct.). Lead counsel, defended against claims of trade secret misappropriation relating to advanced semiconductor manufacturing technology.
- MeadWestvaco v. Rexam, Appeal No. 12-1518 (Fed. Cir.). Principal appellate counsel, and subsequently represented plaintiff-appellee on remand to Eastern District of Virginia.
- UbiComm v. Bulbs.com, 1;13-cv-00872-RGA (D.Del.). Lead counsel, defended against NPE claims of patent infringement, obtaining dismissal under 35 U.S.C. § 101. Representing Bulbs.com as principal counsel on UbiComm’s appeal to the Federal Circuit.
- Inline Plastics Corp. v. EasyPak, LLC, Appeal No. 14-1305 (Fed. Cir.). Principal appellate counsel, representing plaintiff-appellee on appeal of dispositive claim construction. Previously obtained dismissal of invalidity counterclaims and entry of judgment on infringement to permit expedient appeal.
- Dallakian v. IPG Photonics, 3:14-cv-11863-TSH (D. Mass.). Lead counsel, defending against claims for correction of inventorship and trade secret misappropriation.
- Select Retrieval v. Bulbs.com, 4:12-cv-10389-TSH (D. Mass.) Lead counsel, obtained dismissal of NPE claims for indirect infringement and willfulness in a case of first impression in the District of Massachusetts.
- Samson Manufacturing v. Austin Precision Products, 1:09-cv-30027 (D. Mass.). Lead counsel, defended against claims of patent infringement relating to weapon mounts for optical devices.
- Superior Shooting Systems v. Cole, 3:10-cv-01226 (N.D. Tex). Lead counsel, litigated declaratory judgment action seeking correction of inventorship, assignment and shop rights in patents relating to optical ballistics technology.
- VLP Watertown Limited Partnership v. TriState Breeders Coop., 07-cv-11487-GAO (D. Mass. 2010). Trial counsel on 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.
- Mitsubishi Chem. Co. v. Barr Labs., Inc., 718 F. Supp. 2d 382 (S.D.N.Y. 2010), aff’d, 435 Fed. Appx. 927 (Fed. Cir. Aug. 2, 2011). Trial and appellate counsel to plaintiff in Hatch-Waxman patent infringement action.
- 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). 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 indefiniteness.
- Takeda Chem. Indus., Ltd. v. Alphapharm Pty., Ltd., 492 F.3d 1350 (Fed. Cir. 2007), cert. denied, 552 U.S. 1295 (2008). 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. Mylan Labs. Inc., 417 F. Supp. 2d 341 (S.D.N.Y. 2006). Trial and appellate counsel to plaintiff in Hatch-Waxman patent infringement action.
- 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 advises private investors, including hedge and equity funds, on high-stakes IP litigation at both the trial and appellate level.
Besides Edwards Wildman
Adam enjoys spending time on the water with his wife, three young children (and Labrador Retriever). When work and family allow, Adam competes in fullbore rifle matches, having competed and won internationally, including as a member of several U.S. Goodwill teams and holds the high-score record for the Massachusetts State Championship.