Elaine Blais

Elaine Herrmann Blais

Partner
Elaine Herrmann Blais
Boston
+1 617 570 1205
Elaine Blais focuses her practice on intellectual property litigation, particularly patent litigation, and she is a member of the firm’s Life Sciences Disputes group. Elaine has first-chaired numerous lawsuits and taken cases to trial in federal courts nationwide. She serves on Goodwin’s Executive Committee and on its Intellectual Property Steering and Attorney Development Committees. Elaine is the co-founder and editor of the firm’s biosimilars blog, www.bigmoleculewatch.com, which is dedicated to providing resources and observations through Goodwin’s active watch of the world of biologics, biosimilars and the Biologics Price Competition and Innovation Act (BPCIA). Elaine is a former head of the Litigation department in Goodwin’s Boston office. She currently co-chairs the firm’s Dobbs Task Force and is the former co-chair of the Boston Women's Initiative Council. Having served on various committees across the firm, Elaine is currently co-chair of our Incubator Committee, which guides the growth and development of emerging and innovative practices.

Experience

Elaine has been litigating patent cases for more than 25 years. She has advised clients and participated in all phases of patent litigation, from initial counseling up through trial and appeal. Elaine has worked on patent cases involving diverse areas of technology, including pharmaceutical products where she has represented both brands and generics (Teva Pharmaceuticals, Dr. Reddy’s, MSN, Fresenius Kabi, Hikma), biosimilars (Celltrion, Teva, Association for Accessible Medicines, Boehringer Ingelheim), stem cell technology (ViaCell, Inc.), secure financial transactions (Fidelity), LED devices (GE, Savant), and consumer products (P&G). Elaine also represents clients in arbitration proceedings, often addressing disputes arising out of licensing agreements involving a variety of technologies including, for example, CRISPR-Cas9 gene editing and biologics manufacturing.

In addition to her patent litigation experience, she has represented clients in cases involving copyrights, trademarks, trade secrets, unfair competition and patent-related antitrust issues. Elaine has also filed amicus briefs on behalf of firm clients in a number of significant patent cases before the U.S. Supreme Court and the Federal Circuit sitting en banc, including Therasense v. Becton Dickinson, Microsoft v. i4i, and Caraco v. Novo Nordisk.

Elaine has devoted a significant amount of her practice to counseling clients and advocating to Congress on behalf of clients regarding patent policy. In this capacity, she has worked on various pieces of legislation impacting the pharmaceutical industry, including the Biologics Price Competition & Innovation Act and the America Invents Act. Elaine has been involved in drafting proposed legislation and has made numerous presentations before Congressional members and staff.

Professional Activities

Elaine currently serves on the KIND Boston Advisory Committee and on the Boston Bar Association Council.

In 2013, at the selection of firm leadership, Elaine participated in Harvard Business School’s “Leading Professional Service Firms” executive education program. This selective program focuses on how professional service firms should approach client retention and client service, among other critical issues facing professional service firms.

In 2011, Elaine was selected by the firm to participate in LEAD Boston, a year-long program focused on leadership and social justice.

Credentials

Education

JD1995

The Ohio State University

College of Law

(with honors, Order of the Coif)

BA1991

Allegheny College

Admissions

Bars

  • Massachusetts

Courts

  • U.S. Supreme Court
  • 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
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Northern District of Ohio
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Eastern District of Michigan

Recognition & Awards

Elaine was recognized as a Litigation Star – Intellectual Property by Benchmark Litigation 2023.

In 2022, Elaine was recognized by Chambers USA for Intellectual Property – Massachusetts.

Elaine is also regularly recognized by leading industry publications, including Managing Intellectual Property’s “IP Star,” Legal 500 (Patent Litigation), and LMG Life Sciences “Life Sciences Stars.”
Elaine was recognized by World Intellectual Property Review (WIPR) as one of the most Influential Women in IP for 2021.

In 2020 and again 2022, Elaine was named General Patent Litigator of the Year: New England by LMG Life Sciences.  Elaine was also shortlisted for LMG Life Sciences’ General Patent Litigator of the Year: New England in 2018, 2019, and 2021.

Elaine was included as an IP Star for Massachusetts from 2020 through 2022 by Managing IP.

Elaine has been recognized by The Best Lawyers in America Best Lawyers for her work in Litigation - Patent 2022 and 2023.

Elaine was recognized for her work in MA - Litigation in 2021 and 2022 by IAM Patent 1000.

Elaine was a 2021 and 2022 recommended lawyer for Patent Litigation: Full Coverage by The Legal 500.

In 2017, Elaine was honored for her commitment to community and pro bono work with the Boston Bar Association’s Thurgood Marshall Award, presented annually to a lawyer in Greater Boston for extraordinary efforts in enhancing the human dignity of others through improving or delivering services to Massachusetts’ low income population.

In 2012, Elaine and a client were selected as a recipient of the Project for Attorney Retention’s 2012 PAR Flex Success Award. The award recognizes attorney-client relationships exemplifying how, with client and firm support, attorneys can work on flexible schedules, deliver exceptional legal services and enjoy extraordinarily successful careers.

In 2009, Elaine was awarded the Mentor Award from the Political Asylum/Immigration Representation Project for her work on behalf of human rights and immigrant advocacy. Elaine continues to dedicate pro bono time to the representation of immigrants seeking asylum, refugee status or special immigrant juvenile status in the United States. While attending law school, Elaine was an associate editor of The Ohio State Law Journal.

Publications

Elaine is a frequent lecturer on topics relating generally to patent litigation and more specifically to pharmaceutical and biosimilar patent litigation. Her recent presentations include:

  • Contributor, “Guide to Biosimilars Litigation and Regulation in the U.S., 2021-2022 ed.,” Thomas Reuters (November 2021)
  • Speaker, “Introduction to Biologics and Biosimilars Law and Regulation Course,” Food and Drug Law Institute (October 2021)
  • Speaker, “UIC John Marshall Law School IP Master Class: Strategies for the Federal Circuit, District Courts, ITC, and PTAB Virtual Seminar,” Goodwin Webinar (April 2021)
  • Speaker, “Labeling: What’s In and What’s Out?” AAM GRX & Biosimilars Conference (November 2020)
  • Speaker, “Biosimilars: Navigating the 271(e) “Safe Harbor” and 271(g) Exceptions to Patent Infringement,” Goodwin Webinar (September 2020)
  • Co-author, “Inclusion Matters, Now More Than Ever: Practical Suggestions for Making a Difference,” Innovate Magazine (July 2020)
  • Speaker, “AIPLA: Diversity, Equity, and Inclusion, Discussion on Practical Suggestions for Making a Difference,” AIPLA (July 2020)
  • Speaker, “New England Corporate Counsel Association Seminar,” NECCA (March 2020)
  • Speaker, “IPO IP Chat Channel Webinar: Blocking Patents in Litigation after Acorda,” IPO (February 2020)
  • Speaker, “5G and SEPs on Appeal: Insights from the FTC-Qualcomm Oral Argument,” Goodwin Webinar (February 2020)
  • Speaker, “Anything Under the Sun? Recent Developments on the Limits of Patentable Subject Matter in Life Sciences,” Goodwin Webinar (January 2020)
  • Contributor, “Guide to Biosimilars Litigation and Regulation in the U.S., 2019-2020 ed.,” Thomson Reuters (November 2019)
  • Speaker, “Corporate Social Responsibility, Tech and Legal: Bringing it All Together,” ChIPs Global Summit (September 2019)
  • Speaker, “The FDA and Communications About Biosimilars,” The Center for Biosimilars (September 2019)
  • Speaker, “The Potential for U.S. Patent Reform,” The Center for Biosimilars (August 2019)
  • Speaker, “Trends in Patent Settlements,” The Center for Biosimilars (July 2019)
  • Speaker, “Helsinn v Teva and Its Implications for Biosimilar Developers,” The Center for Biosimilars (June 2019)
  • Speaker, “Unlocking the Value of Data in MedTech: Protections, Pitfalls, and Strategies,” Goodwin Webinar (March 2019)
  • Co-Author, “Increasing Biosimilar Competition: Trends In Government Responses,” BioProcessOnline, (March 2019)
  • Speaker, “Biosimilars Market Update,” Goodwin Webinar (November 2018)
  • Speaker, “GRx+Biosims 2018,” Association for Accessible Medicines (September 2018)
  • Speaker, “How to Ensure Investment is Made in Potential New Uses for Existing Medicines for the Benefit of Patients Worldwide,” Future of Innovation in Medicine - Incentives for New Medical Treatments and Global Health Conference (February 2018) 
  • Speaker, “BBA Women’s Leadership & Advancement Forum,” Boston Bar Association (February 2018)
  • Speaker, “End Of A Humira Battle: Observations From The AbbVie-Amgen Armistice,” Biosimilar Development (October 2017)
  • Speaker, “Who Will “Dance” Now? Biosimilars After Amgen v. Sandoz,” The IPO IP Chat Webinar (July 2017)
  • Speaker, “The Supreme Court’s Decision in Sandoz v. Amgen,” Goodwin Webinar (June 2017)
  • Speaker, “Dance Fever: A Recap of Recent BPCIA Litigation,” Bloomberg Law Report (May 2017)
  • Speaker, “Do The Patent Dance,” STAT Plus Chat Webinar (April 2017)
  • Speaker, “Biosimilar Investment Landscape in 2017,” Goodwin Seminar (January 2017)
  • Contributor, “Biosimilars: A Guide to Regulatory and Intellectual Property Issues,” Goodwin (January 2016)
  • Speaker, “Biosimilars: Annual Market Review,” Goodwin Seminar (January 2016)
  • Speaker, “Recent Supreme Court Decisions in Patent Cases – How Helpful Have They Been?” PLI (November 2015)
  • Speaker, “Analysis of Amgen v. Sandoz,” Goodwin Webinar (August 2015)
  • Speaker, “Current Topics in Life Sciences Law, Regulation and Business,” The John F. Scarpa Center for Law and Entrepreneurship at Villanova University School of Law (June 2015)
  • Speaker, “Summit on U.S. Biosimilars,” American Conference Institute (April 2015)
  • Speaker, “The Impact of Amgen v. Sandoz,” Goodwin Webinar (March 2015)
  • Speaker, “Actavis, Valuation, and Fair Market Value,” Moderator, GPhA Annual Meeting (February 2015)
  • Speaker, “Biosimilars Teleconference,” Credit Suisse (February 2015)
  • Speaker, “Understanding Biosimilars: Intellectual Property Challenges,” Goodwin Seminar (January 2015)