Brian A. Fairchild

Brian A. Fairchild

Brian A. Fairchild

Brian Fairchild, a partner in Goodwin’s Technology & Life Sciences Group, counsels companies and their investors on the evaluation and development of patent portfolios. Dr. Fairchild works primarily in the life sciences, with a focus on protein pharmaceuticals and antibody technologies; nucleic acid sequencing, detection, synthesis, and therapies; stem cells; protein synthesis and formulation; protein-and nucleic acid-based diagnostic technologies; microbial detection; and enzymes. Dr. Fairchild positions and develops U.S. and foreign patent protectionportfolios to maximize business opportunities, and to maintain market advantage in a changing competitive landscape. He advises companies and investors on patent infringement litigation; patent post-grant proceedings in the U.S. and abroad; and intellectual property due diligence investigations for mergers and acquisitions (both friendly and hostile) or, investments in privately held or public companies. In addition, he analyzes and writes opinions on the patent infringement and validity issues presented by patents held by third parties; and provides strategies for risk reduction.

Professional Activities

Dr. Fairchild is a member of the American Intellectual Property Law Association and the Boston Patent Law Association.

Professional Experience

Prior to joining Goodwin in 2007, Dr. Fairchild worked for six years as an associate and technology specialist at Testa, Hurwitz & Thibeault, LLP, and for more than two years as an associate in the Boston office of Kirkpatrick & Lockhart Preston Gates Ellis, LLP.


Dr. Fairchild was twice named a Massachusetts “Rising Star” by Law & Politics and Boston magazine.

Areas of Practice


Dr. Fairchild advises publicly and privately held companies and their investors on a variety of patent and intellectual property matters. His recent work includes representing:

IP Due Diligence

  • Royalty Pharma on its $8 billion dollar offer to purchase Elan Corp.
  • The lead underwriters of the initial public offerings for of Intrexon Corporation (in one of the largest biotech IPOs ever), ROKA Bioscience, and Argos Therapeutics
  • Aastrom Biosciences on its acquisition of Sanofi’s cell therapy and regenerative medicine business, including Carticel® (autologous cultured chondrocytes), Epicel® (cultured epidermal autografts), and MACI® (matrix-applied characterized autologous cultured chondrocytes)

USPTO Post-Grant Proceedings

  • MH Systems in inter partes reexamination of its patent on methods of treating ballast water

Patent Prosecution and Counseling

  • Nogra Pharma Limited in securing patent protection for GED-0301, an Phase II investigational antisense oligonucleotide for the treatment of inflammatory bowel disease, and its licensing to Celgene for an upfront payment of $710 million, up to $815 in development milestones and $1.1 billion in sales payouts if the drug achieves $4 billion a year in sales
  • Serenity Pharmaceuticals in securing patent protection for SER-120 (desmopressin), a Phase III investigational drug for the treatment of nocturia, and its licensing to Allergan for an upfront payment of $43 million, potential development and regulatory milestones of up to $122 million, future potential sales milestones, and royalty payments on worldwide sales
  • BG Medicine in securing patent protection for its FDA-approved BGM Galectin-3® test and in IP matters relating to its successful initial public offering and follow-on offerings
  • EMD Serono on IP matters relating to EGRIFTA® (tesamorelin), biologics and biosimilars
  • A pre-IPO company on the protection of its antibody, protein production and vaccine technologies
  • A start-up company on the protection and commercialization of an innovative stem cell technology



J.D., 2003
Suffolk University School of Law

(summa cum laude)

Ph.D., Biology, 1999
Massachusetts Institute of Technology
B.S., Cellular and Molecular Biology, 1992
University of Michigan

(with honors and high distinction)



U.S. Patent and Trademark Office (USPTO)
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