Rob Carroll is a partner in Goodwin’s IP Litigation group, and a member of the firm’s Antitrust Litigation and Business Litigation practices and is a member of the firm’s Life Sciences Disputes group. World Trademark Review describes him as a “[t]errific advocate” with “a glittering track record in contentious mandates. He has the ability to filter down all possible arguments to the ones viable in court and can then use his superior judgment to pick a winning choice – being able to accurately evaluate the benefits of all positions is his main strength.”
He has experience in intellectual property litigation and counseling, including patent, trademark, copyright, trade secret, false advertising, and unfair competition matters. He also has experience in complex antitrust and business litigation and arbitration, with a particular focus on the life sciences industry.
In 2011, Mr. Carroll received the firm’s Robert B. Fraser Pro Bono Award for his work providing pro bono legal services for asylum applicants and unaccompanied minors in immigration proceedings.
Robert leads the Litigation Department in Boston and is a former chair of the Attorney Review Committee.
Representative Matters
Mr. Carroll has experience in a broad range of business litigation and arbitration, with a particular focus on disputes for life sciences companies arising under patent licenses, joint development agreements, and supply, manufacturing and quality agreements. His recent experience includes representing:
- Radius Health, Inc. in an ICC arbitration against Ipsen Pharma, S.A. arising from a license and co-promotion agreement
- Guerbet Ireland Unlimited in litigation against SpecGX, LLC arising from supply and quality agreements
- Teva Pharmaceuticals, USA in dispute with Shire PLC and Impax Laboratories, Inc. arising from license and distribution agreements
- Multiple life sciences companies in confidential arbitrations under the ICC, JAMS, and AAA arbitration rules
- Finisar Corporation in a AAA arbitration against JDS Uniphase Corporation arising from breach of patent license agreement
- Investment funds with claims of more than $1 billion in what the Financial Times called the “sovereign debt trial of the century” against the Republic of Argentina
Mr. Carroll has experience in trademark litigation, both in federal court and before the Trademark Trial & Appeal Board, patent, copyright, trade secret and false advertising litigation. His recent experience includes representing:
- Varsity Brands in a 6-2 copyright victory before the U.S. Supreme Court in Star Athletica, LLC v. Varsity Brands, Inc.
- B&B Hardware in a 7-2 trademark victory before the U.S. Supreme Court in B&B Hardware, Inc. v. Hargis Industries, Inc.
- Nuance Communications, Inc. in multiple trade secret and non-competition disputes
- Innov-X Systems, Inc. in defense of Lanham Act competitor false advertising litigation
- Honest Tea, Inc. in defense of false advertising class action
- Multiple software companies in enforcing and defending copyright claims
Mr. Carroll's recent experience in antitrust litigation and government investigations includes representing:
- Teva Pharmaceuticals, USA and Barr Laboratories in defense of putative class actions challenging settlement of Hatch-Waxman litigation concerning Aggrenox®
- Teva Pharmaceuticals, USA and Barr Laboratories in defense of putative class actions challenging settlement of Hatch-Waxman litigation concerning Solodyn®
- Royal Bank of Scotland and affiliates in In re Credit Card Interchange Antitrust Litigation
- Defendants in multiple confidential investigations before federal and state antitrust agencies
Areas of Practice
Professional Activities
Mr. Carroll serves on the board of directors of civil legal aid provider Greater Boston Legal Services. He is a member of the International Trademark Association, for which he serves on the U.S. Legislation and Regulation Committee and previously served on the U.S. Amicus Committee. He has provided pro bono legal services for numerous asylum applicants and unaccompanied minors in immigration proceedings.
Professional Experience
Before joining Goodwin, Mr. Carroll was a litigation associate at Debevoise & Plimpton LLP.
Credentials
Education
JD2001
Yale Law School
(Coker Fellow)
Artium Baccalaureus1997
Duke University
(summa cum laude, Phi Beta Kappa)
Clerkships
U.S. Court of Appeals for the Third Circuit, Honorable Edward R. Becker
Admissions
Bars
- Massachusetts
- New York
Courts
- U.S. Supreme Court
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the Second Circuit
- U.S. District Court for the District of Colorado
- U.S. District Court for the District of Massachusetts
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Northern District of New York
- U.S. District Court for the Southern District of New York
- U.S. District Court for the Eastern District of Texas
Recognition & Awards
Mr. Carroll has been recognized by The Best Lawyers in America Best Lawyers for his work in Copyright Law and Litigation - Patent 2022-2023.
Mr. Carroll and Goodwin were recognized by the American Lawyer with the Grand Prize for Global Dispute of the Year (2016) for their representation of creditors in a sovereign debt dispute against the Republic of Argentina. Mr. Carroll has been selected as a Massachusetts Super Lawyer by Law & Politics and Boston magazine in every year since 2015, and prior to that as a “Rising Star.” Mr. Carroll is consistently ranked in the WTR-1000, World Trademark Review’s guide to the world’s leading trademark professionals. In law school, he served as Book & Case Notes Editor of the Yale Law Journal and as an Articles Editor of the Yale Journal of International Law.
Publications
Mr. Carroll’s presentations and publications include:
- “Defend Trade Secrets Act of 2016: Congress Enacts Federal Civil Trade Secret Protections,” PLI, 2016
- ”B&B Hardware v. Hargis Industries: Supreme Court Gives New Life to Preclusion in Trademark Proceedings and Other Agency Litigation,” PLI, 2015
- “U.S. Trade Secret Law: Issues and Best Practices for Non-U.S. Companies,” Shenzhen, China, 2014
- “Patent Litigation Before the Judicial Panel on Multidistrict Litigation and Before MDL Courts,” PLI, 2013
- “Assoc. for Molecular Pathology v. Myriad: Isolated Human DNA is Not Patent-Eligible Subject Matter,” PLI, 2013
- “Recent Developments in Patent Law and Their Impact on Patent Litigation,” PLI, 2010-2012
- “Caraco v. Novo Nordisk: Supreme Court Alters the Landscape of Hatch-Waxman Litigation,” PLI, 2012
- “Therasense: Reshaping the Inequitable Conduct Doctrine,” PLI, 2011
- “10 Simple Steps to Ensure Software Licensing Compliance,” IP Law360, 2008
From 2002 to 2004, Mr. Carroll edited revisions to Copyright Law: A Practitioner's Guide (PLI).