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Adam P. Samansky

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[email protected]

+1.617.348.1819

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Adam is an experienced IP litigator who primarily serves life sciences and defense industry clients. He is lead counsel, handling patent and trade secret disputes, in addition to providing strategic counsel on IP portfolio development, licensing and enforcement.

Adam has a strong record of success in multiparty, highly contested Hatch-Waxman litigation, in addition to other litigations involving advanced biochemistry, polymers, optics, manufacturing processes, and other cutting edge technologies. He has tried cases before multiple US district courts, briefed and argued cases before the US Court of Appeals for the Federal Circuit, and briefed bet-the-company issues before the US Supreme Court.

For pharmaceutical clients, Adam leverages his trial and appellate experience in litigation when advising on new product development, regulatory strategy, Orange Book listing, citizen petition practice, and the settlement of multiparty, highly contested Hatch-Waxman litigation. Adam also advises on due diligence, including reviewing and assessing litigation, regulatory, and competitive strategies.

Adam is an experienced IP litigator who primarily serves life sciences and defense industry clients. He is lead counsel, handling patent and trade secret disputes, in addition to providing strategic counsel on IP portfolio development, licensing and enforcement.

Experience

Select Biopharmaceutical & Medical Device Patent Litigation

  • Jazz Pharmaceuticals Ireland, Ltd. v. Teva Pharmaceuticals, Inc., 21-cv-14271, 23-cv-01617, 24-cv-08785 — Represented Teva Pharmaceuticals, Inc. in consolidated ANDA litigations involving mixed salt formulation of gamma hydroxybutyrate oral solution.
  • Evoke Pharma, Inc. v. Teva Pharmaceuticals, Inc., 1:22-cv-02019 (D.N.J.) — Lead Counsel to Teva Pharmaceuticals, Inc. and Teva Pharmaceuticals USA, Inc. in ANDA litigation involving metoclopramide nasal spray product.
  • Horizon Medicines LLC v. Teva Pharmaceuticals USA, Inc., 2:20-cv-08188 (D.N.J.) — Lead Counsel to Teva Pharmaceuticals USA, Inc. in ANDA litigation involving fixed-dose oral combination product. Obtained dismissal with prejudice after briefing case-dispositive claim construction.
  • Green Cross Corp. v. Shire Human Genetic Therapies, Inc., Appeal No. 17-2071 (Fed. Cir) — Served as appellate counsel to Green Cross Corporation, successfully defeating a motion to dismiss for lack of standing to challenge a final written decision from the Patent Trial and Appeal Board.
  • Drogo IP LLC v. Medivators, Inc., 2:17-cv-00021 (E.D. Tex.) — Lead counsel in defense of patent infringement claim regarding diagnostic imaging probe positioning system. Obtained dismissal via pre-answer motion to dismiss.
  • Kowa Pharmaceuticals America et al. v. Amneal Pharmaceuticals, LLC, and related cases — Represented plaintiffs Kowa Company, Ltd., Kowa Pharmaceuticals America, Inc., and Nissan Chemical Industries, Ltd. in litigation which involved compound, formulation, and polymorph patents directed toward quinoline-type mevalonolactones (or, pitavastatin calcium) relating to the drug product Livalo®. Presented the plaintiffs' infringement case at 10-day trial, through which plaintiffs prevailed on all issues. Also represented Kowa and Nissan in connection with the Federal Circuit’s affirmance of the district court’s judgment, and was involved in the team’s successful POPR, resulting in a denial of institution of three petitions for inter partes reviews filed by defendants in these cases.
  • Mitsubishi Chemical Co. v. Barr Laboratories, Inc., 718 F. Supp. 2d 382 (S.D.N.Y. 2010), aff’d, 435 Fed. Appx. 927 (Fed. Cir. 2011) — Served as trial and appellate counsel to pioneer pharmaceutical company in a Hatch-Waxman patent infringement action.
  • Arthrex, Inc. v. Parcus Medical, LLC, 2:11-cv-00694 — Counsel to defendant in patent and trade secret misappropriation litigation involving suture anchors and instrumentation. Achieved favorable settlement.
  • Takeda Chemical Industries, Ltd. v. Mylan Laboratories Inc., 417 F. Supp. 2d 341 (S.D.N.Y. 2006) — Served as trial and appellate counsel to pioneer pharmaceutical company in Hatch-Waxman patent infringement action.

Select Trade Secret Litigation

  • Koninklijke Philips N.V. v. Midea Group Co., Ltd., 1:25-cv-11912-IT (D. Mass.) — Lead counsel to Philips in a case alleging misappropriation of trade secrets related to the specifications, components and manufacturing technology for superconducting magnets in MRI instruments.
  • Trupanion, Inc. v. Destination Pet, Inc., No. 23-2-18452 (Sup. Ct. King Cty.) — Lead counsel to Destination Pet, Inc. in defense of trade secret misappropriation claims and prosecution of counterclaim for abuse of process.
  • Philips Medical Systems (Cleveland), Inc. v. GL Leading, Inc., 1:19-cv-02648 (N.D. Ill.), 24-1182 (7th Cir.) — Lead counsel to Philips in a case brought against domestic and international competitors, inter alia, alleging misappropriation of trade secrets relating to the design and manufacture of X-ray tubes used in computed tomography (CT). Obtained sanction of default judgement against China-based companies after successfully defeating serial motions to dismiss and compelling discovery over China State Secrets and Data Protection Law objections. Obtained permanent injunction with no geographic or temporal limitation, in addition to an award of attorneys’ fees and contempt sanctions against China-based defendants and respective CEOs barring entities and individuals from conducting any business of any kind in the United States. Obtained summary dismissal of interlocutory appeal of contempt sanctions, and conducted bench trial on actual and punitive damages in November 2025 (pending decision).
  • Keter Home & Garden Products, Ltd. v. Five Hole International, LLC, 1:21-cv-01291 (D. Del.) — Lead Counsel to Keter in trade secret and patent inventorship dispute. Obtained extremely favorable settlement resulting in assignment of disputed patent application.
  • WePower Technologies LLC v. GenerEN, LLC, 7:22-cv-03364 (S.D.N.Y.) — Co-lead counsel to WePower in trade secret misappropriation litigation seeking, inter alia, assignment of patent purporting to claim misappropriated energy harvesting technology.
  • ClimaCell, Inc. v. Hagit Messer-Yaron, 1:19-cv-11487 (D. Mass.) — Lead counsel to individual defendant in trade secret and breach of contract litigation. Obtained highly favorable settlement during pendency of motions to dismiss.
  • Novatrans Group S.A. v. Vital Farms, Inc. et al., 1:18-cv-01012 (D. Del.) — Lead counsel, representing Novatrans Group S.A. Brought a claim for declaratory judgment to require assignment of certain patent rights and a claim under the Federal Defend Trade Secrets Act in the District of Delaware, while simultaneously defending a breach of contract claim against Novatrans in the Western District of Texas. These cases involved dueling claims of inventorship of a system to determine the fertility status and gender of an avian egg before hatching. Obtained a settlement resulting in publicly recorded assignments of the contested patent application to Novatrans.
  • CAI Software, LLC v. Multimetco, Inc., 1:19-cv-00540 (D.R.I.) — Lead counsel to plaintiff in trade secret misappropriation and copyright infringement litigation.
  • MKS Instruments v. Emphysys, C.A. No. 12-1858-BLS (Mass. Super. Ct.) — Served as lead counsel, defending against claims of trade secret misappropriation related to advanced semiconductor manufacturing technology. The case settled very favorably after a positive summary judgment hearing.
  • Dallakian v. IPG Photonics, 3:14-cv-11863-TSH (D. Mass.) — Served as lead counsel, successfully defending against claims for correction of inventorship and trade secret misappropriation. Plaintiff voluntarily dismissed the complaint after defendant secured expedited discovery and an early summary judgment motion.
  • VLP Watertown L.P. v. Tristate Breeders Cooperative d/b/a/ Accelerated Genetics, 1:07-cv-11487-GAO (D. Mass.) — Represented VLP in litigation of trade secret misappropriation claims involving a cell processing method shown to improve fertility and induce statistically significant female gender bias in dairy herds. Obtained jury verdict of trade secret misappropriation and multimillion-dollar judgment in our client’s favor.

Select Mechanical, Medical Device & Electrical IP Litigation

  • Bobrick Washroom Equipment, Inc. v. Y.Stern Engineering (1989) Ltd., 1:25-cv-00376 (D. Del.) — Lead counsel to defendant against claims of patent infringement.
  • Keter Luxembourg Sarl v. Home Products International – North America, Inc., 1:21-cv-00477 (D. Del.) — Lead counsel to Keter in patent infringement litigation involving design patent covering highly successful line of consumer products. Obtained favorable early settlement prohibiting continued marketing of accused products in US and other global markets.
  • Lions Investment & Trading, Inc. v. Republic Floor, LLC, 22-cv-02777 (C.D. Cal.) — Lead counsel to defendant in trademark and unfair competition litigation. Efficiently obtained favorable negotiated resolution.
  • Rehrig Pacific Co. v. Polymer Logistics (Israel), Ltd. et al., 2:19-cv-04952 (C.D. Cal.) — Lead counsel to Polymer Logistics (Israel) Ltd., defended claims of patent infringement brought by a competitor. Successfully brought a motion to transfer the action from the US District Court for the Southern District of Georgia to the Central District of California, and also obtained dismissal of willful infringement claims through the strategic use of Rule 12(b)(2) and 12(b)(6) motion practice.
  • M&C Innovations, LLC v. Igloo Products Corp., 4:17-cv-02372 (W.D. Tex.) — Served as lead counsel, defending Igloo from allegations of patent infringement and unfair competition involving one of his client’s most significant product lines.
  • Wireless Monitoring Systems, LLC v. SimpliSafe, Inc., 2:16-cv-1241 (E.D. Tex.) — Successfully defended claim of patent infringement by non-practicing entity.
  • Tangelo IP, LLC v. TigerDirect, Inc., 2:15-cv-00771 (E.D. Tex.) — Successfully defended claim of patent infringement by non-practicing entity, after being engaged by supplier of accused technology. Obtained favorable outcome for supplier all end-users of accused technology.
  • Inline Plastics Corp. v. EasyPak, LLC, 799 F.3d 1364 (Fed. Cir. 2015) — Served as principal appellate counsel, arguing for reversal and remand on case-dispositive claim construction. Previously obtained dismissal of invalidity counterclaims and entry of judgment on infringement to permit expedited appeal. Inline achieved highly favorable settlement on remand.
  • MeadWestvaco v. Rexam, Appeal No. 12-1518 (Fed. Cir.) — Served as principal appellate counsel, and subsequently represented the plaintiff-appellee on remand to the Eastern District of Virginia. The appeal dealt with matters of claim construction, summary judgment decision of non-obviousness, denial of summary judgment of indefiniteness, and bench finding of infringement.
  • UbiComm v. Bulbs.com Inc., 1:13-cv-00872 (D. Del.) — Lead counsel to defendant, successfully obtaining dismissal on pre-answer motion for lack of subject matter eligibility.
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viewpoints

In a unanimous decision handed down today, the Supreme Court delivered a tactical victory for Hikma, and a measure of guidance for other generic manufacturers. In Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc., No. 24-889, the Court held that drug manufacturer Amarin, the reference product sponsor, failed to state a claim for active inducement of patent infringement under 35 U.S.C. § 271(b). 

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This month the Seventh Circuit in Motorola Sols., Inc. v. Hytera Commc’ns Corp. Ltd. upheld the Northern District of Illinois in finding that the Defend Trade Secrets Act (DTSA) has extraterritorial reach. Companies can seek relief when misappropriation occurs abroad and for the sales lost abroad when an act in furtherance of the trade secret misappropriation occurs in the United States.

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In a precedential opinion issued on April 11, 2024 in Salix Pharmaceuticals, Ltd. v. Norwich Pharmaceuticals Inc., Nos. 22-2153, 23-1952, the U.S. Court of Appeals for the Federal Circuit affirmed the U.S. District Court for the District of Delaware’s decision holding claims directed to polymorphic form “β” of rifaximin invalid as obvious. 

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On February 24, 2023, the U.S. Court of Appeals for the Federal Circuit, in Jazz Pharmaceuticals, Inc., v. Avadel CNS Pharmaceuticals, LLC, Case No. 23-1186, affirmed a decision from the District Court of Delaware directing Jazz Pharmaceuticals, Inc. (“Jazz”) to delist U.S. Patent No. 8,731,963 (the “’963 patent”) from the FDA’s Approved Drug Products with Therapeutic Equivalence Evaluations publication (the “Orange Book”). The district court held, and the Federal Circuit affirmed, that the ’963 patent, which covers Risk Evaluation and Mitigation Strategies (“REMS”) for the narcolepsy drug Xyrem®, failed to claim a drug or method of use, and was thus improperly listed.

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On January 9, 2023, the U.S. Court of Appeals for the Federal Circuit in In re Stingray IP Solutions, LLC, No. 23-102 granted a writ of mandamus, vacating a decision of the Eastern District Court of Texas which had transferred a patent infringement suit filed against foreign defendants to the Central District of California based on defendants’ post-suit consent to jurisdiction there.

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On December 19, 2022, U.S. Magistrate Judge Robert W. Lehrburger of the Southern District of New York recommended denying a motion to dismiss claims of willful infringement of eight patents asserted in a Second Amended Complaint (“SAC”). The recommendation finds (1) that pleading willful infringement does not require allegations of egregious infringing conduct and (2) that requisite knowledge of the asserted patents and alleged infringement could be satisfied by the filing of the Original Complaint along with plaintiff’s email (“pre-SAC email”) informing the defendants of additional alleged infringement of two patents prior to filing the SAC.

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News & Press

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Events & Speaking

Jul
30
2025
Mar
24
2025

BPIP 11th Annual Conference

Best Practices in Intellectual Property

Kempinski Tel Aviv

Panelist
Oct
8
2024

Hatch-Waxman and BPCIA Conference

American Conference Institute

Virtual

Conference Reference Image
Panelist
Panelist
Mar
21
2024

IP in the Digital Age: Trends and Transformations

Boston Bar Association IP Year In Review Conference

Event Reference Image
Speaker
Mar
22
2021

IPBC Connect 2021

IAM

Virtual Event

Conference Reference Image
Speaker
Aug
4
2020
Webinar Reference Image
Panelist
Apr
7
2019

BPIP 7th Annual Conference

Best Practices in Intellectual Property

Sheraton Tel Aviv Tel Aviv, Israel

Moderator
Jun
28
2018

Data Protection at the Intersection of Trade Secrets and Cybersecurity

Boston Patent Law Association

Mintz Levin One Financial Center Boston, MA

Speaker
Apr
30
2018

AIPPI-Israel’s 3rd Annual International Convention on the Economy of Innovation

AIPPI-Israel

David Intercontinental Hotel 12, Kaufman Street Tel Aviv, Israel

Speaker
Mar
11
2018

BPIP 6th Annual Conference

Best Practices in Intellectual Property

Sheraton Tel Aviv Tel Aviv, Israel

Mar
26
2017

Life Sciences Breakfast

GKH Law Offices

Tel Aviv

Speaker
Speaker
Sep
9
2015

2015 U.S. Supreme Court and Federal Circuit Year in Review

Gross, Kleinhendler, Hodak, Halevy, Greenberg & Co.

One Azrieli Center, Round Building, Tel Aviv, Israel

Speaker
May
11
2015

IP Best Practices Conference 2015

Intellectual Property Resources

Tel Aviv, Israel

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Adam is an experienced IP litigator who primarily serves life sciences and defense industry clients. He is lead counsel, handling patent and trade secret disputes, in addition to providing strategic counsel on IP portfolio development, licensing and enforcement.

Recognition & Awards

  • Best Lawyers in America: Intellectual Property Litigation (2018 – 2027)

  • Massachusetts Super Lawyers: Intellectual Property Litigation list (2021 – 2025)

  • IAM Strategy 300: Global Leaders (2024)

  • Massachusetts Super Lawyers: Rising Star – Intellectual Property Litigation list (2013 – 2018) 

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Adam is an experienced IP litigator who primarily serves life sciences and defense industry clients. He is lead counsel, handling patent and trade secret disputes, in addition to providing strategic counsel on IP portfolio development, licensing and enforcement.

Involvement

  • Member, Boston Bar Association
  • Member, American Intellectual Property Law Association
  • Member, Boston Intellectual Property Law Association, Co-Chair Trade Secrets Committee
  • Member, Federal Circuit Bar Association
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