Don Ware is Co-Chair of the firm's Patent Litigation practice, and is a past member of the firm’s Executive Committee. Don represents leading biopharma manufacturers, research institutions, and universities in patent and inventorship disputes, technology transfer issues, and intellectual property strategy. He also advises clients on FDA matters, including the FDA's regulatory pathway for approval of biosimilars, and issues arising under the Bayh-Dole Act. He has represented the patent holders in several Bayh-Dole March-In proceedings, including the first such proceeding, In re CellPro, Inc.
Don was named the 2021 General Patent Litigator of the Year – New England by LMG Life Sciences in recognition of his notable work, dedication to clients and significant influence on the life sciences industry. Chambers USA reports “The spectacular Donald Ware is recognized for his strength handling patent infringement claims. Commentators say "He is very, very smart, very litigation savvy, an exceptionally good writer of briefs and papers, and a good litigation strategist." IAM’s Patent 1000 describes Don as “imaginative and solutions-oriented,” quoting clients as saying he makes opposing parties “crazy in the best possible way. He is always out in front of issues. Litigating against him is like playing chess - it is necessary to think at leas[t] several moves ahead, which makes him a challenging opponent.” Don is also ranked as a leading IP attorney in The Best Lawyers in America, Managing Intellectual Property’s IP Stars and Massachusetts SuperLawyers.
Don’s patent litigation experience involves a wide range of technologies. In the field of life sciences, he has successfully litigated major cases involving recombinant DNA, monoclonal antibodies, fusion proteins, siRNAs, small molecule compounds, drug delivery, molecular diagnostics, research tool patents, and medical devices. Don has also litigated patent disputes in a variety of other fields, ranging from Internet search engines to integrated circuits.
In addition to his trial practice, Don has extensive experience in appellate litigation, including appearances before the United States Supreme Court, the U.S. Court of Appeals for the Federal Circuit, and many other state and federal courts. He is also experienced in alternative dispute resolution, including mediation and arbitration, both as party counsel and as an arbitrator in the International Chamber of Commerce and the International Centre for Dispute Resolution.