Philip C. Swain
With over 22 years of experience in patent litigation, Phil Swain has had an extremely broad range of experience as a patent trial and appellate lawyer. Phil has represented large and small clients in intellectual property litigation throughout the country. That includes trial of more than 11 cases, and appearances before the United States Court of Appeals for the Federal Circuit in half a dozen appeals. In addition to patent litigation, he also has tried copyright and trademark infringement, trade secret misappropriation and unfair competition cases. Phil uses his trial and appellate experience to deliver cost-effective service in complex litigation by focusing on the most effective strategies for his clients to achieve their business objectives.
Phil’s focus is primarily on clients in advanced technology applications. That includes telecommunications and information technology, computers and software, and medical devices. He has also handled intellectual property litigation involving mechanical devices, sporting goods and health care products.
Before joining Foley Hoag in 1997, Phil was a partner in the Chicago and Los Angeles offices of another national law firm. Following law school graduation, he served for two years as law clerk to the Honorable Giles Rich of the United States Court of Appeals for the Federal Circuit in Washington, D.C.
Bars and Court Admissions
- District of Columbia
- California
- Illinois
- Massachusetts
- U.S. District Court for the Northern District of California
- U.S. District Court for the Eastern District of California
- U.S. District Court for the Southern District of California
- U.S. District Court for the Eastern District of Michigan
- U.S. District Court for the District of Arizona
- U.S. District Court for the Central District of California
- U.S. District Court for the Northern District of Illinois
- U.S. Supreme Court
- U.S. Patent & Trademark Office (Agency)
- U.S. Court of Appeals, Federal Circuit
- U.S. District Court for the District of Massachusetts
- U.S. Court of Federal Claims
Representative Experience
The following is a brief summary of Philip's experience and accomplishments:
- Lead counsel for Cistron Biotechnology and four universities in the Boston area in large trade secret misappropriation case against Immunex Corporation of Seattle
- Lead counsel for two MIT researchers in a case involving use of natural language search technology on the Internet
- Tried major patent and technology-related cases for Hughes Aircraft, General Motors, Titanium Metals, Nickson Industries and Boston Communications Group
- Argued before the Federal Circuit in patent cases for Invensys, Coastal Nursery Co.
professional / civic involvement
- Federal Circuit Bar Association, Past President
- Federal Circuit Historical Society, President
- International Association for the Protection of Intellectual Property (AIPPI), Chair, 2008 Boston Congress, and Vice President, United States Group
- Center for International Legal Studies in Salzburg, Austria, Fellow
- American Bar Association, Intellectual Property Law Section: Amicus Committee; Editorial Board; Section Officers Conference Committee on Professional Responsibility; Council member (nominee 2008)
- American Intellectual Property Law Association
- Boston Bar Association
- Boston Patent Law Association
- Intellectual Property Owners Association
- Town of Concord, MA Public Works Commission
- Deacon, Trinitarian Congregational Church, Concord, MA
publications
- Patent Protection in the Biotechnology Industry after KSR Int'l Co. v. Teleflex, Inc., Impact on Federal Circuit and Trial Court Litigation, Boston Patent Law Association, May 7, 2008
- AIPPI, International Intellectual Property Protection and WIPO, Franklin Pierce Law Center Annual Intellectual Property Symposium, April 11, 2008
- Supreme Court and Federal Circuit Update for Patents 2007, ABA/LEI National CLE Conference, January 8, 2008
- Patent Injunctions one year after eBay v MercExange, Suffolk High Technology Law Conference, April 20, 2007
- Upcoming Supreme Court case may affect patents, MASS HIGH TECH (September 29, 2006)
- Supreme Court's increased interest in IP Law, IP Lawcast, August 7, 2006
- Pro Bono Opportunities and Ideas for Intellectual Property Lawyers, ABA IPL Section, June 23, 2006
- Claim Interpretation in the Wake of Phillips v AWH, ABA/LEI National CLE Conference, January 5, 2006
- Initial Approach and negotiating Strategies in Patent Cases, Massachusetts Continuing Legal Education, October 26, 2005
- Appeals from the Patent and Trademark Office and District Courts in Patent Cases, and Appeals from the PTO in Trademark Cases, in United States Court of Appeals for the Federal Circuit, A History: 1990 - 2002 (Published 2004)