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Samuel F. Davenport

Member

[email protected]

+1.617.348.1670

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Sam is a trial lawyer who specializes in litigation related to the development and commercialization of drugs, biologics, diagnostics devices, and medical devices, including disputes over licensing, royalties, and the research and development process. Sam also regularly litigates business disputes for clean technology, information technology, real estate, and waste industry companies. Advising senior executives and boards on how their companies can avoid litigation is another significant part of his practice.

A trial lawyer in the firm’s Boston office, Sam has extensive experience representing a wide variety of clients in complex business litigation before courts and arbitration panels across the country.

In particular, Sam specializes in representing life sciences companies in litigation over licensing, royalties, research, development, and commercialization, and counseling their senior executives and boards about how to pursue development/commercialization strategies in ways that will preserve their company’s rights and minimize the risk of litigation. Sam also regularly represents companies in the clean technology, IT, real estate, and waste industries in disputes over strategic alliances, joint ventures, profit sharing agreements, licensing, financing, and vendor agreements.

Sam is an active member of the firm’s Life Sciences Working Group and Alternative Dispute Resolution Working Group. In 2002, while on leave from the firm, Sam served as a special assistant district attorney in the Middlesex County District Attorney’s Office, where he prosecuted over 100 criminal matters and tried more than a dozen cases. While in law school, Sam served as a legal intern for the Honorable William G. Young of the U.S. District Court for the District of Massachusetts.

Education

  • Northeastern University (JD)
  • Connecticut College (BA)

Experience

  • Represented Advanced Micro Devices (AMD) as complainant in the ITC asserting patents covering graphics processing technology employed by smart devices such as televisions and handsets. Respondents include LG Electronics, VIZIO, MediaTek, and Sigma Designs, Inc. (SDI). Achieved settlement with LG prior to the conclusion of expert discovery. Following the evidentiary hearing, the presiding ALJ issued an initial determination finding a violation of Section 337 and recommending the imposition of an exclusion order against the remaining Respondents’ accused products. The ITC affirmed the ALJ’s finding of a violation on August 22, 2018. As a result, the Commission issued orders banning the importation of products made by VIZIO, MediaTek, and SDI and cease and desist orders against VIZIO and SDI, subject to a 60-day presidential review period.
  • Advised a publicly owned biotechnology company in the successful resolution of a dispute with its collaboration partner over the development of cardiac-related therapies, as well as the successful termination of the parties’ collaboration agreement.
  • Represented an Arizona county in the successful resolution of a dispute with a waste hauling company over the parties’ rights under a long-term hauling and disposal agreement with California municipal landfill.
  • Represented a privately owned Massachusetts real estate company in a multi-year arbitration against a Fortune 500 waste disposal company concerning the parties’ rights under a long-term solid waste disposal agreement.
  • Represented a privately owned solar project development company in the successful settlement of a dispute over a solar power purchase agreement.
  • Represented a privately owned LNG supply company in the successful settlement of a dispute over the alleged breach of a nation-wide carrier agreement.
  • Represented a privately owned LNG supply company in the successful settlement of an arbitration concerning the alleged breach of a long-term LNG supply agreement.
  • Advised a privately owned European diagnostics company in the successful resolution of a dispute with a Fortune 100 pharmaceutical company over royalty payments related to the parties’ jointly-developed diagnostic product.
  • Advised a publicly owned pharmaceutical company on legal strategies and risks associated with the company’s plans for developing novel treatments for oncology and inflammatory indications.
  • Advised a privately owned pharmaceutical company with respect to several disputes with its collaboration partner, a Fortune 100 pharmaceutical company, over milestone payments and the development of novel therapies for the treatment of drug resistant infections.
  • Represented a privately owned pharmaceutical company in an arbitration against a Fortune 100 pharmaceutical company over the parties’ joint development of a novel therapy for the treatment of Hepatitis C, and the successful settlement of the client’s right to a milestone payment as a result of such development.
  • Represented Taiwanese creditor in complex civil RICO case in California federal court involving claims against 34 foreign and domestic defendants. The firm achieved a successful settlement of the case at the commencement of trial.
  • Represented a privately owned in vitro diagnostic manufacturer and its publicly owned parent in the successful settlement of lawsuit brought against it by one of the world’s largest pharmaceutical companies over the right to distribute a companion diagnostic kit for use in the oncology market.
  • Represented a large, privately owned vehicle rental company and several real estate investment entities in the defense and successful settlement of a federal ERISA suit (and a related arbitration) brought against them by the New England Teamsters pension fund.
  • Represented a privately owned New York real estate development company in the prosecution and successful settlement of an arbitration against a South Carolina real estate development company over an agreement governing the client’s first-of-its-kind development of LEED certified homes.
  • In two separate engagements, represented two New England states in the investigation, negotiation and ultimate settlement of numerous disputes between those states and the IT contractor which built both states’ on-line healthcare exchanges pursuant to the Affordable Care Act.
  • Represented a publicly owned in vitro diagnostic company in the defense and successful settlement of a lawsuit brought against it by a quasi-governmental Dutch entity alleging breach of several collaboration, licensing and research agreements.
  • Represented the Eastman Kodak Company in the complete dismissal of a lawsuit filed against it by the United States and a qui tam relator asserting violations of the federal False Claims Act and Anti-Kickback Act.
  • Represented one of the nation’s largest pharmacies in the successful settlement (without prosecution or litigation) of allegations by the Commonwealth of Massachusetts that the client’s pricing practices for a brand name drug and its generic version violated the state’s False Claims Act.
  • Represented a Fortune 500 biotechnology company in an arbitration brought against it by a Fortune 100 pharmaceutical company to gain control over the right to commercialize a novel, billion-dollar multiple sclerosis drug. Following a multi-week hearing, the arbitrator ruled in favor of the client on all claims.
  • Represented a publicly owned in vitro diagnostic manufacturer in the successful settlement of an arbitration involving claims that the client’s licensee and exclusive distributor had failed to develop and commercialize the manufacturer’s MicroRNA-based products in the oncology market.
  • Advised several individuals and a Massachusetts company about their rights under and strategies with respect to an agreement for the sale of a solid waste landfill.

Involvement

  • Past Trial Advisor, Harvard Law School Trial Advocacy Workshop
  • Member, American Bar Association
  • Member, Massachusetts Bar Association
  • Member, Boston Bar Association
  • Trustee, Manomet Center for Conservation Sciences
  • Board Member, Target Cancer Foundation
  • Committee Member (and former Chair), Duxbury Bay Management Committee
  • Former President and Trustee, Duxbury Rural and Historical Society