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.
Emma has 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).
Emma also provides a range of trademark counseling services to clients, such as trademark clearance, prosecution, portfolio management, and representation in domain-name disputes, including Uniform Domain-Name Dispute Resolution Policy proceedings.
While attending law school, Emma participated in the Cyberlaw Clinic at the Berkman Center for Internet and Society, where she advised clients on copyright and privacy issues. She also interned in the General Counsel’s office at the Metropolitan Museum of Art and represented clients in administrative and court hearings through Harvard University’s Veterans Law and Disability Benefits Clinic.
Prior to law school, Emma was a paralegal specialist at the U.S. Attorney’s Office for the District of Massachusetts, where she managed criminal discovery and prepared summaries of evidence for theft of trade secrets, securities fraud, insider trading, mortgage fraud, Ponzi schemes and computer-related cases. She also served as an instructor at the Kazakhstan Institute of Management, Economics and Strategic Research in Almaty, Kazakhstan through a fellowship with the Princeton in Asia Foundation.
In her pro bono practice, Emma counsels documentary filmmakers on copyright matters, and represents children in immigration court.
