Daryl L Wiesen

Daryl L. Wiesen

PartnerCo-Chair, IP Litigation
Daryl L. Wiesen
Boston
+1 617 570 1396

Daryl Wiesen, co-chair of Goodwin’s IP Litigation group, focuses his practice on patent litigation and advising clients in patent portfolio development. He has more than 20 years of experience advising clients and participating in all phases of patent litigation, from initial counseling up through trial and appeal. Daryl has developed an expertise in pharmaceutical patent litigation under the Hatch-Waxman Act, representing both plaintiffs and defendants. He also has experience in other technologies, including biotechnology and medical devices. He represents universities in patent and licensing disputes concerning technology discovered at the universities and then out-licensed to companies for further development.

Daryl has been named “Outstanding IP Litigator Massachusetts” for 2016 by Managing IP and has also been named a “Life Sciences Star” in the IP practice area by Euromoney’s LMG Life Sciences Guide. He has been honored with Goodwin’s Robert B. Fraser Pro Bono Award for his substantial pro bono work, including helping to obtain the freedom of a wrongfully convicted death row inmate in Ohio.

Experience

Daryl devotes a substantial amount of his practice to patent litigation. He has recently represented:

Pharmaceutical Clients

  • Cephalon in patent litigation concerning its cancer treatment Treanda (Bendamustine). After a bench trial, the United States District Court for the District of Delaware found the asserted patents valid and infringed. (Lead Trial Counsel)
  • Teva Pharmaceuticals and Fresenius Kabi USA, LLC in patent litigation concerning Eli Lilly’s antifolate cancer treatment pemetrexed (Alimta®). The case is currently under submission at the Federal Circuit. (Lead Trial Counsel)
  • Teva Pharmaceuticals in patent litigation concerning the new dosing regimen of Teva’s blockbuster Copaxone®. The case is currently under submission to the United States District Court for the District of Delaware. (Trial Counsel)
  • Fresenius Kabi USA, LLC in patent litigation concerning its branded parenteral anesthetic, Diprivan®. (Lead Trial Counsel)
  • Epocal, Inc. in patent litigation against Abbott Point of Care, Inc. concerning point of care blood testing devices. Abbott brought two lawsuits against Epocal in the Northern District of Alabama. In the first, the jury rendered a verdict of non-infringement on all asserted claims. In the second, the District Court dismissed the complaint for lack of standing, and the Federal Circuit affirmed the dismissal. (Trial and appellate counsel)
  • Teva Pharmaceuticals in patent litigation concerning its blockbuster innovative treatment for multiple sclerosis, Copaxone®. Teva prevailed on all nine patents asserted at the trial court in June 2012 and the Federal Circuit affirmed the judgment in 2013 as to four of the asserted patents. The case was subsequently appealed to the United States Supreme Court, resulting in a victory for Teva on the standard of review in claim construction in Teva v. Sandoz. (Trial and appellate counsel)

University Clients

  • Massachusetts Institute of Technology in litigation with Alnylam, Inc. and the Max Planck Institute concerning ownership and prosecution of the Tuschl patent portfolio, seminal patents directed to technology related to the development of RNAi therapeutics. Alnylam and Max Planck filed suit in the District of Massachusetts in 2009. The case was settled on favorable terms. (Lead counsel)
  • Massachusetts Institute of Technology and Children’s Medical Center (Boston) in patent litigation against Shire Regenerative Medicine concerning Shire’s Dermagraft product. Secured a favorable disposition at the district court and successfully defended the matter on appeal to the Federal Circuit. (Lead and appellate counsel)

Professional Activities

Daryl is a member of the Boston and Massachusetts Bar Associations. He provides pro bono services for a variety of clients, including helping to obtain the freedom of a wrongfully convicted death row inmate in Ohio. He is a member of the Board of Directors for the Massachusetts Civil Liberties Union, the Massachusetts affiliate of the ACLU.

Credentials

Education

JD1996

Yale Law School

BA1993

Brown University

(magna cum laude, Phi Beta Kappa)

Clerkships

U.S. District Court for the District of Massachusetts, Honorable Reginald C. Lindsay

Admissions

Bars

  • Massachusetts

Courts

  • U.S. Supreme Court
  • U.S. District Court for the District of Massachusetts
  • U.S. Court of Appeals for the Federal Circuit

Recognition & Awards

  • Daryl has been recognized by The Best Lawyers in America Best Lawyers for his work in Litigation - Patent 2022-2023 and Litigation - Intellectual Property 2023
  • Daryl has been recognized by Legal 500 for having “provided exceptional results. Both have extensive experience in all aspects of pre-trial and trial and have a unique understanding of the interplay between IP, regulatory, and business issues in the pharmaceutical sector”
  • Daryl has been recognized by IAM Patent 1000 – The World's Leading Patent Professionals as a leading patent litigator, touted as a lawyer who is “really creative and tenacious” and “well balanced in terms of his technical, legal and business understanding”
  • “Outstanding IP Litigator Massachusetts” for 2016 by Managing IP
  • “Life Sciences Star” for IP by LMG Life Sciences
  • Recognized by Managing IP as an “IP Star”
  • Recognized by Best Lawyers in their “Best Lawyers in America” publication

While in law school, Daryl was a senior editor of the Yale Law Journal and author of “Following the Lead of Defamation: A Definitional Balancing Approach to Religious Torts.”

Publications