Adam is an experienced IP litigator who primarily serves pharmaceutical, medical, high tech, and defense industry clients. He handles patent, trade secret and other intellectual property matters for innovators and investors. 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 electronics. 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 on pharmaceutical assets, including reviewing and assessing litigation, regulatory, and competitive strategies.
Adam is an experienced IP litigator who primarily serves pharmaceutical, medical, high tech, and defense industry clients. He handles patent, trade secret and other intellectual property matters for innovators and investors. 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 electronics. 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.
Experience
- 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
- Philips Medical Systems (Cleveland), Inc. v. GL Leading, Inc., 1:19-cv-02648 (N.D. Ill.) – Lead counsel to several divisions of Philips Healthcare 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 commuted tomography. Obtained default judgement as a sanction against China-based parent companies after successfully defeating serial motions to dismiss and compelling discovery over China State Secrets and Data Protection Law objections. In early 2023, obtained permanent injunction with no geographic or temporal limitation, in addition to an award of attorneys’ fees against Chinese competitors. Obtained stay of litigation against U.S.-based defendants in view of pending criminal investigation of related misconduct of U.S. defendants by U.S. Department of Justice.
- Keter Home and 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.
- 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 U.S. and other global markets.
- 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.
- 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.
- 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.
- 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.
- 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 U.S. 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.
- Green Cross Corporation 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.
- 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.
- Novatrans Group S.A. v. Vital Farms, Inc., et al, 1:18-cv-01012 (D. Del.) – Lead counsel, representing Novatrans Group S.A. (“Novatrans”). 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 duelling 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.
- 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.
- MKS Instruments v. Emphysys, C.A. No. 12-1858-BLS (Ma. 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.
- 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.
- 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.
- Mitsubishi Chem. Co. v. Barr Labs., Inc., 718 F. Supp. 2d 382 (S.D.N.Y. 2010), aff’d, 435 Fed. Appx. 927 (Fed. Cir. Aug. 2, 2011) – Served as trial and appellate counsel to pioneer pharmaceutical company in a Hatch-Waxman patent infringement action.
- Takeda Chem. Indus., Ltd. v. Mylan Labs. 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.
viewpoints
How Your Trade Secret Could Help to Defend Against Claims of Patent Infringement
February 1, 2024 | Blog | By Adam Samansky, Peter Cuomo, Nicholas Armington, Stephen Chen
Supreme Court Unanimously Affirms Amgen Repatha® Antibody Patents Invalid for Lack of Enablement
May 25, 2023 | Blog | By Joe Rutkowski, Peter Cuomo, Thomas Wintner, Adam Samansky, Terri Shieh-Newton
Federal Circuit Affirms Delisting of REMS System Patent from FDA Orange Book
March 6, 2023 | Blog | By Peter Cuomo, Adam Samansky, Peter McFadden
Federal Circuit Resolves District Court Split, Holds Foreign Defendant Cannot Defeat Rule 4(k)(2) Personal Jurisdiction by Unilateral Post-suit Consent to Jurisdiction in Alternative Forum
January 23, 2023 | Blog | By Joe Rutkowski, Adam Samansky, Peter Cuomo
Southern District Magistrate Judge Holds That Pleading Willful Patent Infringement Does Not Require Allegations of “Egregious” Infringing Activity and That Requisite Knowledge May Be Provided by a Prior Complaint in the Same Action
January 3, 2023 | Blog | By Peter Cuomo, Joe Rutkowski, Adam Samansky
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.
Read more
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
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
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
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
News & Press
BOSTON – Nine Intellectual Property attorneys from Mintz have been recognized in the 2024 edition of the Intellectual Asset Management (IAM) Strategy 300 Global Leaders Guide.
Fifty-Nine Attorneys Recognized as 2023 Massachusetts Super Lawyers and Rising Stars
October 12, 2023
Mintz is pleased to announce that 32 attorneys have been named Massachusetts Super Lawyers and 27 attorneys have been named Massachusetts Rising Stars for 2023.
Mintz is pleased to announce that Member and Chair of the firm’s Intellectual Property Division Michael Renaud and Members Matthew Galica, Frank Gerratana, Marguerite McConihe, Michael Newman, Adam Rizk, Adam Samansky, Daniel Weinger, and James Wodarski have been named to the 2023 IAM Strategy 300: The World’s Leading IP Strategists list.
Mintz is pleased to announce that 120 firm attorneys have been recognized as leaders by Best Lawyers® in the 2024 edition of The Best Lawyers in America©.
BOSTON – Mintz is pleased to announce that it has become an official sponsor of the Pan-Mass Challenge (PMC).
Member Adam Samansky spoke to The Boston Business Journal about the FTC's proposal to ban noncompete agreements.
Why Cellect's Federal Circuit Case Is One To Watch
December 16, 2022
Members Adam Samansky and Peter Cuomo spoke to Managing IP on the implications that a pending case in the Court of Appeals for the Federal Circuit could have on litigation and prosecution strategies for life sciences companies.
Watching The DTSA Court Split On Inevitable Disclosure
October 18, 2022
Mintz Member Adam Samansky and Associates Nicholas Armington and Oliver Ennis co-authored an article re-published in Law360 exploring the split amongst federal courts on the Defend Trade Secrets Act.
35 Mintz attorneys have been named Massachusetts Super Lawyers and 25 Mintz attorneys have been named Massachusetts Rising Stars for 2022.
As ANDA Suit Venue Options Shrink, Del., NJ Rule For Now
November 29, 2021
Mintz Members Peter Cuomo and Adam Samansky and Associate Joseph Rutkowski were quoted in an article published by Law360 on the potential implications of the Federal Circuit’s recent ruling in Celgene Corp. v. Mylan Pharmaceuticals Inc., which cemented a prior decision in Valeant v. Mylan holding that patent suits against generic drugmakers must be filed where the company is incorporated or where it performed actions related to its Abbreviated New Drug Application.
Mintz Members Peter Cuomo and Adam Samansky co-authored an article published by IAM examining the U.S. Supreme Court’s decision to deny a petition for certiorari in Eli Lilly and Co. v Hospira, Inc., upholding the infringement of Eli Lilly’s chemotherapy drug Alimta (pemetrexed), and what the development means for the doctrine of equivalents and for patent application amendments.
Law360 covered developments in a trade secret lawsuit involving X-ray tubes brought on by Mintz client Philips Medical Systems, Inc. against Chinese companies Kunshan GuoLi Electronic Technology Co. Ltd. and its subsidiary, Kunshan Yiyuan Medical Technology Co. Ltd.
The Estoppel Questions On The Minds Of Patent Challengers
September 9, 2019
In this article published by Law360, Mintz Members Adam Samansky and Peter Cuomo commented on lingering questions related to the America Invents Act's estoppel provision, which prevents challengers from arguing in court that a patent is invalid on grounds that were raised — or reasonably could have been raised — during inter partes review at the Patent Trial and Appeal Board.
Victory on Appeal After Lengthy Litigation Over Cholesterol Inhibitor
December 14, 2018
Mintz Secures Full Patent Victory for Kowa Pharmaceuticals and Nissan Chemical in Lengthy Battle
September 22, 2017
Mintz has secured a string of substantial victories in Hatch-Waxman litigation for innovative drug manufacturers Kowa Pharmaceutical Co., Ltd., Kowa Pharmaceuticals America, Inc., and Nissan Chemical Industries Ltd.
Best Lawyers named 85 Mintz attorneys to its 2018 list of The Best Lawyers in America. In addition, Mintz attorneys Matthew J. Gardella and Samuel M. Tony Starr were named “Lawyer of the Year” in their respective practice areas.
Mintz Triumphs for SL Corporation and Hyundai Motor America, Inc. Before the Patent Trial and Appeal Board
March 16, 2017
Mintz announced a pair of victories before the Patent Trial and Appeal Board on behalf of SL Corporation and Hyundai Motor America, Inc. against Adaptive Headlamp Technologies, Inc.
Eighty-Four Mintz Attorneys Named 2016 Massachusetts Super Lawyers and Rising Stars
October 18, 2016
Fifty-three Mintz attorneys have been named Massachusetts Super Lawyers for 2016 and thirty-one have been named Massachusetts Rising Stars. The findings will be published in the November 2016 issue of Boston Magazine and in a stand-alone magazine, New England Super Lawyers.
Mintz Further Expands IP Practice with Eighteen Attorneys
January 09, 2015
Events & Speaking
Panelist
Panelist
Mar
21
2024
IP in the Digital Age: Trends and Transformations
Boston Bar Association IP Year In Review Conference
Speaker
Speaker
Speaker
Oct
14
2020
Trade Secret Threat Looms Due to Economic Downturn: Protecting and enforcing trade secrets in the COVID era
View the Webinar Recording
Speaker
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
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
Read less
Adam is an experienced IP litigator who primarily serves pharmaceutical, medical, high tech, and defense industry clients. He handles patent, trade secret and other intellectual property matters for innovators and investors. 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 electronics. 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.
Recognition & Awards
Best Lawyers in America: Intellectual Property Litigation (2018 - 2024)
Named to IAM Strategy 300: Global Leaders (2024)
Included on the Massachusetts Super Lawyers - Intellectual Property Litigation list (2021 – 2023)
Included on the Massachusetts Super Lawyers: Rising Star - Intellectual Property Litigation list (2013 – 2018)
Adam is an experienced IP litigator who primarily serves pharmaceutical, medical, high tech, and defense industry clients. He handles patent, trade secret and other intellectual property matters for innovators and investors. 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 electronics. 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.
Involvement
- Member, Boston Bar Association
- Member, American Intellectual Property Law Association
- Member, Boston Patent Law Association
- Member, Federal Circuit Bar Association
- Member, American Chemical Society
Recent Insights
How Your Trade Secret Could Help to Defend Against Claims of Patent Infringement
February 1, 2024| Blog|
BOSTON – Nine Intellectual Property attorneys from Mintz have been recognized in the 2024 edition of the Intellectual Asset Management (IAM) Strategy 300 Global Leaders Guide.
Mintz is pleased to announce that 32 attorneys have been named Massachusetts Super Lawyers and 27 attorneys have been named Massachusetts Rising Stars for 2023.
