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.
viewpoints
Eastern District of Texas Holds Willful Infringement Knowledge Requirement May Be Satisfied by Informing Non-Party of Infringement Claims Before Adding That Party as a Defendant
October 19, 2022 | Blog | By Adam Samansky, Peter Cuomo, Joe Rutkowski
On October 5, 2022, U.S. Magistrate Judge Roy S. Payne of the Eastern District of Texas recommended denying-in-part a motion for summary judgment of no willful infringement, holding that requisite knowledge of the asserted patent and alleged infringement of that patent could be satisfied by notice of the lawsuit before the moving defendant was added as a party.
An Emerging Split on the Applicability of the Inevitable Disclosure Doctrine Under the DTSA
October 10, 2022 | Blog | By Oliver Ennis, Nicholas Armington , Adam Samansky
Federal courts remain split on whether the Defend Trade Secrets Act (DTSA) allows for trade secret misappropriation claims brought under a theory of inevitable disclosure. Given this current patchwork of treatment of inevitable disclosure claims across the nation, owners of trade secrets and litigators of trade secret claims should continue to stay up to date on the treatment of this issue in the jurisdictions in which they practice.
Judge Albright Holds Willful Infringement Pleading Does Not Require Allegations of Egregious Infringing Behavior
July 22, 2022 | Blog | By Adam Samansky, Peter Cuomo, Joe Rutkowski
On July 12, 2022, U.S. District Judge Alan D. Albright of the Western District of Texas denied alleged infringer Lenovo’s motion to dismiss ACQIS’s willful and indirect infringement and enhanced damages claims, holding that patent owners need not allege egregious infringing behavior to assert a claim of willful infringement.
Judge Alsup Certifies Two Hot Button Issues on Standard for Pleading Willful Infringement for Interlocutory Appeal to the CAFC
March 23, 2022 | Blog | By Joe Rutkowski, Peter Cuomo, Adam Samansky
On March 16, 2022, U.S. District Judge William Alsup of the Northern District of California certified two of the hot button issues splitting district courts on the standard for pleading willful infringement, holding that:
- The complaint itself is insufficient to provide the requisite knowledge of the asserted patents and alleged infringement; and
- Patent owners need not otherwise allege egregious infringing behavior as part of a willful infringement claim.
Recognizing the split among district courts on these issues, the court certified its decision for interlocutory appeal to the Court of Appeals for the Federal Circuit under 28 U.S.C. § 1292(b). Thus, the Federal Circuit may soon have an opportunity to resolve this long-standing split among districts, which, according to Judge Alsup, has consumed a “vast amount of resources” in litigation around the country.
Open Question: Use of Stolen Trade Secrets May or May Not Qualify as a Predicate Act Under RICO
March 10, 2022 | Blog | By Adam Samansky, Michael McNamara, Nicholas Armington , Oliver Ennis
Since the passage of the Defend Trade Secrets Act (DTSA), trade secret owners have been able to use allegations of trade secret misappropriation under the DTSA to support civil claims under the Racketeer Influence and Corrupt Organizations Act (RICO). Specifically, DTSA violations that qualify as predicate acts can be used to show a pattern of racketeering activity, which may allow a trade secret owner to state civil claims under RICO, and thus take advantage of the substantial remedies that the RICO statute provides, including the potential for treble damages and attorney’s fees.
Plaintiff Can Assert Patent Infringement and Seek Injunctive Relief in Second-Phase BPCIA Litigation Per Illinois District Court Decision
February 24, 2022 | Blog | By Adam Samansky, Joe Rutkowski, Tianyi Tan
D. Del. Says ANDA Specification Trumps All Else in Infringement Analysis
February 17, 2022 | Blog | By Peter Cuomo, Adam Samansky, Joe Rutkowski, Tianyi Tan
California District Court Sides with Majority Position, Dismissing Willful and Induced Infringement Claims that Relied on Original Complaint for Knowledge of Asserted Patent
February 8, 2022 | Blog | By Adam Samansky, Peter Cuomo, Joe Rutkowski
Trade Secret Misappropriation Not Sufficiently Plead Where Defendant Possessed but did Not Threaten to Disclose Trade Secret Information in Southern District of New York Case
January 25, 2022 | Blog | By Adam Samansky, Nicholas Armington
Federal Circuit Affirms Dismissal of Hatch-Waxman Defendants for Lack of Venue and Failure to State a Claim
November 12, 2021 | Blog | By Adam Samansky, Peter Cuomo, Joe Rutkowski
News & Press
Nine Mintz Attorneys Named To IAM Strategy 300 List Of Leading IP Strategists
September 28, 2023|
Noncompetes Could Be Banned Nationally. Here's How It Would Affect Mass.
January 20, 2023|
Why Cellect's Federal Circuit Case Is One To Watch
December 16, 2022|
Watching The DTSA Court Split On Inevitable Disclosure
October 18, 2022|
As ANDA Suit Venue Options Shrink, Del., NJ Rule For Now
November 29, 2021|
The Estoppel Questions On The Minds Of Patent Challengers
September 9, 2019|
One Hundred Mintz Attorneys Ranked as Leaders by Best Lawyers 2020
August 15, 2019|
Victory on Appeal After Lengthy Litigation Over Cholesterol Inhibitor
December 14, 2018|
Mintz Further Expands IP Practice with Eighteen Attorneys
January 9, 2015|
Events & Speaking
Mintz x The Engine: Supercharging Your IP Strategy with Trade Secrets
The Engine, 750 Main St. Cambridge, MA 02139
IP in the Digital Age: Trends and Transformations
Boston Bar Association IP Year In Review Conference
Trade Secret Threat Looms Due to Economic Downturn: Protecting and enforcing trade secrets in the COVID era
View the Webinar Recording
BPIP 7th Annual Conference
Best Practices in Intellectual Property
Sheraton Tel Aviv Tel Aviv, Israel
Data Protection at the Intersection of Trade Secrets and Cybersecurity
Boston Patent Law Association
Mintz Levin One Financial Center Boston, MA
AIPPI-Israel’s 3rd Annual International Convention on the Economy of Innovation
AIPPI-Israel
David Intercontinental Hotel 12, Kaufman Street Tel Aviv, Israel
BPIP 6th Annual Conference
Best Practices in Intellectual Property
Sheraton Tel Aviv Tel Aviv, Israel
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
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)
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

