Emma S. Winer

Associate - Boston

Emma Winer
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Contact Information

Emma Winer is a litigator in Foley Hoag's Intellectual Property Department and a member of the Patent Litigation, and Trademark, Copyright and Unfair Competition practices. 

Emma provides a full range of services to clients in connection with intellectual property matters, including: patents, trade secrets, trademarks, copyright, domain name piracy, false advertising, and the First Amendment. She represents biotechnology, pharmaceutical, and health care clients in patent litigation and other technology-related commercial disputes in federal court and before administrative agencies. 

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Education:

  • Harvard Law School, J.D., 2015
  • Harvard College, magna cum laude, 2009

Languages:

English

Representative Experience

  • Represents Dana-Farber Cancer Institute in patent litigation against Bristol-Myers Squibb and Ono Pharmaceutical concerning inventorship and ownership of six patents directed to cancer immunotherapy using antibodies that block the PD-1/PD-L1 pathway. 
  • Represented Becton, Dickinson and Company and the University of California in a patent infringement litigation asserting multiple patents covering polymer dyes and their use in flow cytometry, resulting in the negotiation of a favorable settlement just before trial.
  • Co-authored numerous appellate amicus briefs, including Supreme Court amicus briefs on behalf of the Biotechnology Innovation Organization in Amgen v. Sandoz (biosimilars), the American Bar Association in TC Heartland v. Kraft Foods (patent venue), the American Intellectual Property Law Association in Kirtsaeng v. John Wiley & Sons (fee-shifting in copyright cases), and the National Center for Lesbian Rights in Pavan v. Smith (constitutional and family law).
  • Represented defendants in patent infringement actions in federal district court.
  • Counsel clients in connection with trademark prosecution, enforcement, licensing, and portfolio management.
  • Represented client in intellectual property disputes, including Uniform Domain-Name Dispute Resolution Policy proceedings.
  • Represent nonprofit organization in investigation by the Massachusetts Attorney General’s Office.
 
  • Supreme Court Decision in TC Heartland Will Limit Venue Choice in Patent Litigation (May 23, 2017)
  • Janssen v. Celltrion: A Misstep in the BPCIA Patent Dance (March 8, 2017)
  • Limiting Extraterritorial Reach of U.S. Patents: "Substantial" Means More than One (March 1, 2017)
  • Objective Reasonableness Can Be Central to Fee-Shifting Analysis in Copyright Cases (June 21, 2016)

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Honors

  • Member, Harvard Law School Journal of Law & Technology
  • Copyright and Free Speech Coordinator for the JOLT Digest, the online companion to the Harvard Journal of Law and Technology

Involvement

  • American Intellectual Property Law Association, Member
  • Boston Bar Association, Member
  • Wonen's Bar Association
  • Speaker, “Trademark, Copyright, and Patent 101,” Lawyers’ Committee for Civil Rights Under the Law (April 19, 2018)
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Bar Admissions

  • Massachusetts

Court Admissions

  • U.S. District Court for the District of Massachusetts
  • U.S. Court of Appeals First Circuit