Stephen Thomas Bychowski

Associate - Boston

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Contact Information

617.832.1164

617.832.7000

sbychowski@foleyhoag.com Download vCard

Stephen Bychowski is a member of the firm’s Intellectual Property and Litigation Departments. Steve represents clients in a variety of technology and intellectual property related matters, including:

  • Licensing and contracts
  • Patents
  • Trade secrets
  • False advertising
  • Data security and privacy
  • Unfair competition

Steve has extensive experience representing clients in both federal and state courts, as well as before the International Trade Commission (ITC) and the National Advertising Division (NAD) of the Better Business Bureau. In his pro bono practice, Steve represents children in immigration court.

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Education:

  • Northwestern University School of Law, J.D., cum laude, Order of the Coif, 2011
  • University of Illinois at Chicago, B.A., summa cum laude, 2006

Representative Experience

Intellectual Property/Licensing 

  • Represented the University of Massachusetts Biologic Laboratories in a dispute with MedImmune over royalty obligations under a technology license agreement covering MedImmune’s Synagis® drug. Obtained judgment after trial, affirmed on appeal, requiring MedImmune to continue paying royalties.
  • Defended Biogen in a litigation brought by Knopp Neurosciences concerning ownership of patient biosamples obtained by Biogen in a phase 3 clinical trial investigating dexpramipexole for the treatment of ALS. Obtained dismissal with prejudice of Knopp’s claim just before trial.
  • Represented Respondents OraLabs, CVS, Walgreens, Five Below, and Wuxi Sunmart in ITC investigation concerning lip balm products. Complainants withdrew their complaint against CVS, Walgreens, and Five Below after we moved to terminate the investigation. The investigation was terminated as to OraLabs and Wuxi Sunmart on the basis of settlement agreements.  
  • Obtained a temporary retaining order and preliminary injunction for client VetEnvoy enjoining RSVP & ACT from shutting-down component of VetEnvoy’s internet-based veterinary communications service.  
  • Co-author of numerous amicus briefs, including Supreme Court amicus briefs in Octane Fitness v. Icon Health & Fitness (fee shifting) and Halo Electronics v. Pulse Electronics/Stryker v. Zimmer (willful infringement) and a Federal Circuit en banc amicus brief in Lexmark v. Impression Products (patent exhaustion).

Pro Bono

  • Co-counsel, with GLBTQ Legal Advocates and Defenders (GLAD) and Justice in Aging, in a class action suit challenging the Social Security Administration’s attempts to recoup benefits from Supplemental Security Income recipients married to a person of the same sex who were overpaid as a result of SSA’s failure to timely recognize their marriages after the Defense of Marriage Act was ruled unconstitutional in United States v. Windsor. SSA subsequently changed its policies.
  • Co-authored an amicus brief to the First Circuit Court of Appeals in Conde-Vidal v. Rius-Armendariz on behalf of several constitutional law professors arguing that Baker v. Nelson is not binding precedent in case challenging Puerto Rico’s ban on same-sex marriage.
  • Co-authored an amicus brief to the Massachusetts Supreme Judicial Court in Commonwealth v. Walters on behalf of several Massachusetts domestic and sexual violence prevention non-profit organizations arguing that a Facebook post may in some circumstances qualify as a true threat under the Commonwealth’s stalking statute.
  • Obtained permanent residency for undocumented children living in the United States.

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Honors

  • Northwestern Journal of Technology and Intellectual Property, Articles Editor

Involvement

  • Co-Chair, Boston Bar Association IP Litigation Committee (2015-present)

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Bar Admissions

  • Massachusetts

Court Admissions

  • U.S. District Court for the District of Massachusetts
  • U.S. Court of Appeals First Circuit