Claire Laporte

Partner - Boston

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Contact Information

617.832.1210

617.832.7017

claporte@foleyhoag.com Download vCard

Claire Laporte is an experienced trial lawyer who has received recognition in both Chambers USA and Massachusetts SuperLawyers for her intellectual property practice. She represents clients in complex patent litigation and technology-related matters in a broad range of technical specialties including biotechnology, medical devices, pharmaceuticals, e-commerce, computer vision, and other software.

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Education:

  • Harvard Law School, J.D., cum laude, 1989
  • Princeton University Woodrow Wilson School of International and Public Affairs, A.B., summa cum laude, 1982
  • Clerkship: Justice Ruth I. Abrams, Supreme Judicial Court of Massachusetts, 1989-90

Representative Experience

  • Wrote amicus brief in the U.S. Supreme Court on behalf of amicus Federal Circuit Bar Association in Association for Molecular Pathology v. U.S. Patent and Trademark Office (“Myriad”), concerning the patentability of isolated human genetic material and methods for using such material.
  • Admitted pro hac vice on behalf of the Dana-Farber Cancer Institute in five related Patent Office interference proceedings relating to human PD-L1.
  • Won a ruling on behalf of Chinese lysine producer Global Bio-Chem Technology Group Company Limited, first in the International Trade Commission and then in the Federal Circuit, that two biotechnology patents owned by multibillion-dollar chemical company Ajinomoto Co. were invalid and that Ajinomoto had committed inequitable conduct.
  • Obtained a rare writ of mandamus from the Federal Circuit ordering the Eastern District of Texas to transfer a patent litigation to the Northern District of California.
  • Won a claim construction ruling for Biogen Idec in a case concerning viral enhancers. The district court granted summary judgment against Sanofi Aventis and in favor of Biogen Idec and its co-defendant, Genentech, based on the claim construction. The Federal Circuit recently affirmed the claim construction and summary judgment rulings.
  • Won a jury verdict of willful infringement in a medical device patent infringement trial for C.R. Bard against U.S. Surgical Corporation.
  • Represented Biogen Idec, Genzyme and Baxter Healthcare in multidistrict litigation against Columbia University challenging patent on recombinant DNA technology, resulting in Columbia’s granting plaintiffs a royalty-free covenant not to sue.
  • Represented Authorize.net in e-commerce patent infringement litigation; case settled after favorable claim construction ruling.
  • Represented Electro Scientific Industries in patent infringement litigation concerning computer vision systems for chip placement; case settled after favorable Markman finding.
  • Obtained covenant not to sue in SVG Lithography, Inc. v. Ultratech Stepper, Inc.
  • Charting a Course for Post-AIA False Marking Litigation, LAW360 (May 25, 2012)
  • Strategic Acquisition of Evidence in International IP Litigation: the U.S. Perspective , BLOOMBERG LAW REPORTS (February 5, 2010) 
  • Co-author, Facing ITC Investigation? What Chinese Biotechnology Companies Should Know About Patent Litigation in the United States International Trade Commission, ASIA PACIFIC BIOTECH NEWS (July 2009)
  • Trademark Infringement and Related Claims, BUSINESS TORTS IN MASSACHUSETTS - MCLE (2002)
  • Claire Laporte and Steven G. Tidrick, What uses of generics relate to FDA submissions, NATIONAL LAW JOURNAL (January 2002)
  • United States Supreme Court amicus brief on behalf of Texas Municipal League et al. in Southern Building Code Congress International, Inc. v. Veeck, No. 02-355
  • Intellectual Property Issues in Franchising, AMERICAN BAR ASSOCIATION FORUM ON FRANCHISING (August 4, 2001)
  • Problems with Festo, MCLE (2001)

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Honors

  • Listed in MASSACHUSETTS SUPER LAWYERS (2004, 2006-2012)
  • Ranked by CHAMBERS USA: AMERICA’S LEADING LAWYERS FOR BUSINESS as one of Massachusetts’ leading intellectual property lawyers (2006-2014)

Involvement

  • Federal Circuit Bar Association, former Board member; currently member of Amicus Committee
  • Boston Patent Law Association
  • Board member, Lawyers’ Committee for Civil Rights Under Law of the Boston Bar Association
  • Boston Bar Association, Member
  • AIPLA, Member
  • Organization of and presentation at “Setting Sail in Uncharted Waters: The Life Science Industry Prepares for Post-Grant Review,” September 2014
  • Presentation on “Personalized Medicine and Diagnostics: New Barriers to Patent Enforcement,” at Workshop on Personalized Medicine and Intellectual Property, Boston University, August 2014
  • Presentation on "Claim Construction in Biotechnology Cases: Developments and Pitfalls," Meeting of the American Bar Association/Boston Bar Association, May 2014
  • Invited lecture at the Meeting on The Biology of Genomes held at Cold Spring Harbor Laboratory, "The Court Has Spoken - What Did It Say? Implications of Recent U.S. Supreme Court Decisions on Diagnostic Testing and Gene Patenting," May 2014
  • Presentation on recent life sciences IP cases and implications for the industry at “Health Law Year in P/Review,” sponsored by the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School, January 2014
  • Panel discussion at Harvard Law School on Supreme Court’s ruling in the Myriad case concerning gene patents (starting at 29:28), September 2013
  • Live television broadcast on program “That’s the Law!” discussing gene patents, April 2013
  • Live radio broadcast discussion on DOMA, NightSide with Dan Rea, CBS Boston News Radio, April 2013
  • Moderated "Town Hall" panels at Federal Circuit Bar Association Bench/Bar Conference, June 2011
  • "Acquisition of Evidence in International IP Litigation: The U.S. Perspective," presented at the International Association for the Protection of Intellectual Property Conference, September 2008 
  • Moderated panel on “Emerging Technologies” at Federal Circuit Bar Association Bench/Bar Conference, June 2008
  • Preparing and Presenting the Critical Witness at Trial,” presented at 22nd Annual ABA Intellectual Property Law Conference, April 2007
  • Improving Your Markman-ship: Hitting the Bullseye on Claim Construction,” presented at 20th Annual ABA Intellectual Property Law Conference, April 2005
  • “Patent Litigation,” presented at Massachusetts Continuing Legal Education Business Litigation Conference 2003, February 2003
  • Presentation on amicus briefs at Federal Circuit Bar Association Bench & Bar Conference, June 2002
  • “Intellectual Property Issues in Franchising,” presented at American Bar Association Annual Meeting, August 2001
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Bar Admissions

  • Massachusetts

Court Admissions

  • U.S. District Court for the District of Massachusetts
  • U.S. District Court for the Western District of Michigan
  • U.S. District Court for the Eastern District of Texas
  • U.S. Court of Appeals Federal Circuit
  • U.S. Court of Appeals Ninth Circuit
  • U.S. Court of Appeals First Circuit
  • Supreme Court of the United States