Foley Hoag LLP partner Donald Ware
was named General Patent Litigator of the Year – New England by LMG Life Sciences at the publication's ninth annual award ceremony, held on September 22, 2021 at the Essex House in New York City. The event honors key law firms and lawyers across many disciplines that provide exemplary services to companies in the life sciences industry.
Ware, who serves as Co-Chair of the firm's Patent Litigation practice, received this honor in recognition of his notable work in the past 12 months, dedication to clients and significant influence on the life sciences industry. Ware was the only individual to receive the award for 2021.
At Foley Hoag, Ware represents leading biopharma manufacturers, research institutions and universities in patent and inventorship disputes, technology transfer issues, and intellectual property strategy. He also advises clients on FDA matters, including the FDA's regulatory pathway for approval of biosimilars, and issues arising under the Bayh-Dole Act. He has represented the patent holders in several Bayh-Dole March-In proceedings, including the first such proceeding, In re CellPro, Inc.
Recently, Ware represented Dana-Farber Cancer Institute in patent litigation against Bristol-Myers Squibb and Ono Pharmaceutical concerning inventorship and ownership of groundbreaking patents directed to PD-1/PD-L1 cancer immunotherapy. As lead counsel in 9-day federal court trial, he and a Foley Hoag team obtained judgment for Dana-Farber correcting inventorship, making Dana-Farber a co-owner of all the patents. The Court of Appeals for the Federal Circuit affirmed the judgment in all respects, 964 F.3d 1365 (Fed. Cir. 2020), and the United States Supreme Court denied Defendants’ petition for writ of certiorari (May 2021).
Ware has frequently been recognized by Managing Intellectual Property
magazine, Intellectual Asset Management
magazine's Patent 1000, Chambers USA
, Best Lawyers in America
and Who’s Who Legal.
LMG Life Sciences is a resource for in-house counsel, identifying leading lawyers and firms in multiple practice areas including intellectual property, regulatory, transactional and non-IP litigation. Research is based on review of nearly 1,000 interviews and surveys completed by partners active in the market, as well as a review of public information and feedback from clients within the industry.