Sarah Burg is an experienced litigator in the firm’s Intellectual Property Department. Her practice focuses on representing biotechnology, pharmaceutical, and health care companies as well as research institutions in patent litigation and other high-stakes disputes involving intellectual property, including disputes related to trade secrets and false advertising. She has extensive experience successfully litigating in state and federal courts, including overseeing large-scale fact and expert discovery, briefing and arguing motions, and questioning fact and expert witnesses at trial. She has litigated cases concerning technologies including recombinant DNA, monoclonal antibodies, small molecule compounds, cancer diagnostics, and medical devices.
Outside of the courtroom, Sarah advises clients in connection with patent licensing, due diligence, and intellectual property strategy. She has counseled numerous clients through disputes related to inventorship and IP ownership. Drawing on her wide-ranging litigation experience, she crafts practical and creative strategies to help her clients tackle complex problems.
In addition, Sarah maintains an active appellate litigation practice representing parties and filing amicus briefs in cases before the U.S. Court of Appeals for the Federal Circuit and other appellate courts.
Prior to joining Foley Hoag, Sarah worked as a litigation associate at a national law firm in New York. She also served as a law clerk to the Honorable Sandra L. Lynch of the U.S. Court of Appeals for the First Circuit. During law school, Sarah litigated civil rights cases in federal district and appellate courts through the Lowenstein International Human Rights Clinic.
Harvard College, A.B., summa cum laude, Phi Beta Kappa, 2004
Bar and Court Admissions
BAR ADMISSIONS
Massachusetts
New York
COURT ADMISSIONS
U.S. Court of Appeals for the Federal Circuit
U.S. Court of Appeals for the First Circuit
U.S. District Court for the District of Massachusetts
Experience
Representing gastrointestinal health company in a complex patent infringement, false advertising, and trade secrets litigation in the District of Delaware over noninvasive methods of screening for colorectal cancer.
Represented Dana-Farber in litigation against Bristol-Myers Squibb and Ono Pharmaceutical in the District of Massachusetts asserting claims for unjust enrichment and unfair competition for depriving Dana-Farber of its co-ownership rights under eight patents directed to cancer immunotherapy. On the eve of trial, in the face of Dana-Farber’s claim for hundreds of millions of dollars in damages, Defendants settled, making a substantial lump sum payment to Dana-Farber and agreeing to make potential additional payments, contingent on future events.
Represented Dana-Farber Cancer Institute in a bench trial against Bristol-Myers Squibb and Ono Pharmaceutical, obtaining judgment for Dana-Farber correcting inventorship of six ground-breaking patents directed to PD-1/PD-L1 cancer immunotherapy, making Dana-Farber a co-owner of the patents. Represented Dana-Farber on appeal, where district court’s decision was affirmed by the Federal Circuit Court of Appeals, and the Supreme Court denied BMS’s petition for review.
Represented gene therapy company in litigation in the Western District of Pennsylvania successfully defending against allegations of misappropriation of trade secrets and unfair competition in connection with client’s vector development.
Represented branded pharmaceutical company in Hatch-Waxman litigations in the District of Massachusetts and the District of New Jersey concerning two different renal care drugs, which resulted in successful settlements.
Represented Biogen Idec in defense of patent infringement suit. Obtained dismissal of all claims with prejudice, and an “exceptional” case finding and award of attorneys’ fees under 35 U.S.C. § 285.
Defended Biogen Idec in patent infringement suit involving gene expression technology resulting in favorable settlement weeks before trial.
Trial counsel to members of non-profit organization in dispute with board of directors involving claims of breach of contract and breach of fiduciary duty. First-chaired week-long trial in Superior Court in Massachusetts and successfully obtained judgment for plaintiffs on all claims.
Filed amicus brief in the Supreme Court on behalf of 3M and fourteen other large U.S. companies in Cuozzo Speed Technologies, LLC v. Lee, challenging the PTAB’s use of the “broadest reasonable interpretation” rule in post-grant proceedings.
Authored amicus briefs on behalf of professional and trade associations filed in Federal Circuit and Supreme Court, including in Impression Products, Inc. v. Lexmark International, Inc. and Akamai Technologies, Inc. v. Limelight Networks, Inc.
PROFESSIONAL EXPERIENCE
Law clerk to the Honorable Sandra L. Lynch, U.S. Court of Appeals for the First Circuit (2008-2009)
Honors & Involvement
HONORS
Best Lawyers: Litigation - Intellectual Property (2023-2024, 2027)
Boston Magazine: Top Lawyers (2023-2025)
Yale Journal of Law & the Humanities: Editor-in-Chief
Yale Law & Policy Review: Senior Editor
INVOLVEMENT
Served on the U.S. Court of Appeals for the First Circuit’s Rules Advisory Committee (2019 – 2022)
Boston Intellectual Property Inn of Court
Boston Intellectual Property Law Association (BIPLA)
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