Burg

Sarah S. Burg

Partner
Boston
Sarah Burg is a litigator in the firm’s Intellectual Property Department. Her practice focuses on representing biotechnology, pharmaceutical, and health care clients in patent litigation and other technology-related commercial disputes. She has experience representing clients in a wide variety of proceedings before federal and state courts, administrative agencies, and arbitration panels. She has also counseled clients in connection with patent licensing and due diligence matters.

In addition, Sarah maintains an active appellate litigation practice representing parties and filing amicus briefs in cases before the U.S. Court of Appeals for the Federal Circuit and other appellate courts.

Prior to joining Foley Hoag, Sarah worked as a litigation associate at a national law firm in New York. She also served as a law clerk to the Honorable Sandra L. Lynch of the U.S. Court of Appeals for the First Circuit. During law school, Sarah litigated civil rights cases at the trial and appellate level through the Lowenstein International Human Rights Clinic.

Education

  • Yale Law School, J.D., 2008
  • Harvard University, A.B., summa cum laude, Phi Beta Kappa, 2004

Bar and Court Admissions

BAR ADMISSIONS
  • Massachusetts
  • New York
COURT ADMISSIONS
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the First Circuit
  • U.S. District Court for the District of Massachusetts

Experience

  • Representing Dana-Farber Cancer Institute in patent litigation against Bristol-Myers Squibb and Ono Pharmaceutical concerning inventorship of six patents directed to cancer immunotherapy.
  • Represented Biogen Idec in defense of patent infringement suit. Obtained dismissal of all claims with prejudice, and an “exceptional” case finding and award of attorneys’ fees under 35 U.S.C. § 285.
  • Defended Biogen Idec in patent infringement suit involving gene expression technology resulting in favorable settlement weeks before trial.
  • Representing members of non-profit organization in dispute with board of directors involving claims of breach of contract and breach of fiduciary duty.  First-chaired week-long trial in Superior Court in Massachusetts.
  • Filed amicus brief in the Supreme Court on behalf of 3M and fourteen other large U.S. companies in Cuozzo Speed Technologies, LLC v. Lee, challenging the PTAB’s use of the “broadest reasonable interpretation” rule in post-grant proceedings.
  • Authored amicus briefs on behalf of professional and trade associations filed in Federal Circuit and Supreme Court, including in Impression Products, Inc. v. Lexmark International, Inc. and Akamai Technologies, Inc. v. Limelight Networks, Inc. 

PROFESSIONAL EXPERIENCE
  • Law clerk to the Honorable Sandra L. Lynch, U.S. Court of Appeals for the First Circuit (2008-2009)

Honors & Involvement

HONORS
  • Listed in The Best Lawyers in America (Litigation - Intellectual Property) 
  • Editor-in-Chief, Yale Journal of Law & the Humanities
  • Senior Editor, Yale Law & Policy Review
INVOLVEMENT
  • Boston Intellectual Property Inn of Court
  • Boston Patent Law Association
  • Women’s Bar Association of Massachusetts
  • Boston Bar Association