James Breen is an associate in Goodwin’s Intellectual Property Litigation practice who focuses his practice on representing clients in complex intellectual property litigation across a variety of industries, including life sciences, technology, and consumer products. James’ experience includes advising clients in patent, trade secret, trademark, copyright, and unfair competition matters, as well as disputes relating to intellectual property licensing and related commercial agreements.
James is an editor of the firm’s biosimilars blog, Big Molecule Watch, 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).
Experience
James represents clients through all stages of litigation and arbitration, including pre-suit investigations, discovery, preliminary injunction proceedings, claim construction, trial, and appeal. Some of James’ engagements include:
- Represented leading medical device manufacturer in trade secret litigation concerning theft of trade secrets by former employees resulting in favorable preliminary injunction
- Represented a global pharmaceutical company on licensing dispute
- Represented a clinical-stage biopharmaceutical company in connection with licensing issues
- Represented a pioneering life sciences tool company in general litigation matters in connection with a general technology company
- Represented a global private equity investment firm with commercial contract litigation and royalties to an American biopharmaceutical company regarding an arbitration concerning antiviral medicine
- Represented an American healthcare technology company in litigation against an ecommerce healthcare company
- PRCM Advisers LLC et al. v. Two Harbors Investment Corp. (S.D.N.Y.): Represented Two Harbors Investment Corporation in a complex, multi-faceted dispute involving breach of contract and trade secret misappropriation claims
- Represented leading medical device manufacturer in trade secret litigation concerning theft of trade secrets by former employees resulting in favorable preliminary injunction
- Certain Pre-Filled Syringes for Intravitreal Injection and Components Thereof, 337-TA-1207: Represented global healthcare company in ITC investigation and inter partes review proceedings
- Novartis Pharma AG et al. v. Regeneron Pharmaceuticals, Inc. (N.D.N.Y.): Representing client in litigation involving pre-filled syringes
- Genentech, Inc. et al. v. Celltrion, Inc. et al., C.A. Nos. 18-95-CFC, 18-1025-CFC (D. Del.): Represented Celltrion and Teva in BPCIA dispute regarding proposed biosimilar to HERCEPTIN®
- Represented The Gillette Company in litigation filed against Dollar Shave Club, Inc., in which Gillette asserted infringement of a patent directed to razor blade coatings. The matter settled favorably before trial
- Represented gaming company in trademark, copyright, and unfair competition litigation concerning a copycat video game
Prior to joining Goodwin, James worked as a technical consultant in the patent prosecution group of an intellectual property law firm. During this time, he assisted in the drafting and prosecution of US and international patent applications, as well as in patent validity, freedom-to-operate, and due diligence investigations across a variety of technologies, including energy and wastewater treatment. This experience informs his work analyzing patent validity, freedom-to-operate issues, and technical litigation strategy.
James also maintains an active pro bono practice. He works frequently with veterans in conjunction with the Veterans Consortium to help veterans with appeals of their benefits. He also has worked with organizations, such as Her Justice, to provide representation and advocacy for clients in custody and visitation proceedings.
Areas of Practice
Professional Activities
James is a co-chair of the Associate Advisory Council of the New York Intellectual Property Law Association (NYIPLA).
While attending Manhattan College, James was a member of the Omega Chi Epsilon, Tau Beta Pi, and Epsilon Sigma Pi Honor Societies.
Professional Experience
James is a co-founder of Save Your City Clothing, a nonprofit organization committed to improving the education and well-being of schoolchildren in New York City.
Credentials
Education
JD2016
Fordham University
MS2013
Manhattan College
BS2012
Manhattan College
Admissions
Bars
- New York
- U.S. Patent and Trademark Office (USPTO)
Courts
- U.S. District Court for the Southern District of New York
Recognition & Awards
- James is a recipient of the Archibald R. Murray Public Service Award
- James was part of a team named in Law.com’s Litigator of the Week Runners-Up and Shout-Outs for their success in winning a favorable verdict for Insulet Corp. in a trade secrets case
Publications
- Panelist, “Passport to Well-Being: How to Use Well-Being as Your Superpower,” New York Intellectual Property Law Association (NYIPLA), April 2026
- Co-Author, “Arbitrating to Protect AI: Considerations for AI Companies When Adopting Arbitration Clauses (New York Law Journal),” Goodwin Client Insight, May 2025
- Special Contributor, “Guide to Biosimilars Litigation and Regulation in the U.S., 2023-2024 ed.,” published by Thomson Reuters, January 2024
- Speaker, “Biosimilars Patent Challenges at the PTAB: Update and Lessons Learned,” Goodwin Webinar, November 2023
- Special Contributor, “Guide to Biosimilars Litigation and Regulation in the U.S., 2022-2023 ed.,” published by Thomson Reuters, December 2022
- Special Contributor, “Guide to Biosimilars Litigation and Regulation in the U.S., 2021-2022 ed.,” published by Thomson Reuters, October 2022
- Special Contributor, “Guide to Biosimilars Litigation and Regulation in the U.S., 2020-2021 ed.,” published by Thomson Reuters, January 2021
- Co-Author, “The All Substantial Rights Doctrine: A Second Look,” Fordham Intellectual Property, Media and Entertainment Law Journal, 2020
- Speaker, “Biosimilars Patent Challenges at the PTAB,” Goodwin Webinar, May 2020
- Co-Author, “U.S. Supreme Court Holds Willfulness Not Needed for Recovery of Trademark Profits,” Goodwin Client Alert, April 2020
- Contributor, “Guide to Biosimilars Litigation and Regulation in the U.S., 2019-2020 ed.,” published by Thomson Reuters, November 2019
