Tony Downs, a partner and the former chair of Goodwin’s IP Litigation group, has more than 25 years of litigation experience. He joined Goodwin in 1988 after clerking for Chief Justice William Rehnquist at the U.S. Supreme Court. His practice is focused on intellectual property litigation, with specialization in patent matters. He also has experience in antitrust and competition law, securities and other complex commercial litigation. Mr. Downs has been repeatedly listed in Chambers USA: America’s Leading Lawyers for Business, where clients have lauded him for being “outstanding at trial” and “greatly skilled in making complex technical arguments understandable."

Mr. Downs has tried cases in federal courts throughout the country, and has advised clients on trans-border disputes in cases across Asia and Europe. He has also appeared as lead counsel before the International Trade Commission and has participated in multiple reexamination proceedings, both ex parte and inter partes, in the U.S. Patent Office. In addition to his extensive trial experience, Mr. Downs has briefed or argued appellate cases in the U.S. Supreme Court, the Federal Circuit, the First, Second and Ninth Circuits, and in various state appellate courts. He also regularly uses arbitration and other alternative dispute resolution procedures.





In the area of patent litigation, Mr. Downs has represented clients as lead counsel in a wide range of patent disputes involving many different technologies, including telecommunications, computer software, Internet telephony, pharmaceuticals, medical devices and financial services. His recent cases include:

  • Lead counsel in a successful defense of Citrix in a patent infringement trial in the Eastern District of Texas in Marshall.  Obtained a jury verdict of non-infringement on patent claims alleging more than $50 million in damages
  • Lead counsel in successful defense of Epocal in patent infringement case related to three patents for point-of-care blood tests. After a six-and-a-half day trial, the Huntsville, Alabama jury returned a unanimous verdict for Epocal on all counts
  • Obtained summary judgment of non-infringement for Cisco Systems in patent claims filed by a successor to the Thinking Machines patents in the District of Massachusetts
  • As co-lead counsel in a five-day bench trial in the District of New Jersey, defeated a validity challenge to a Teva Pharmaceuticals patent pertaining to the Parkinson’s drug Azilect™
  • For Teva Pharmaceuticals, successfully appealed and argued an adverse bench trial result in the District of Delaware, resulting in the Federal Circuit finding the patents-in-suit invalid based on prior public use
  • Representing a major financial institution in an MDL case in the Western District of Pennsylvania, was selected as lead counsel for Markman claim construction proceedings on behalf of more than 20 defendants
  • Represented numerous clients in cases pending in the Eastern District of Texas, including Cisco Systems, Hewlett-Packard, New Balance and others, on a wide range of technologies
  • For Cisco Systems, obtained rulings from the U.S. Patent Office on ex parte and inter partes reexaminations invalidating two patents claiming to have invented certain techniques in Voice-Over-IP
  • Acted as co-lead counsel in multiple ITC proceedings
  • Obtained injunctions and trial victories in a series of cases, including both jury and bench trials, for Alere Inc., in connection with Alere’s seminal patents on lateral flow immunoassays
  • Represented a client in connection with a series of litigations in the United States, Taiwan, Korea and Japan relating to equipment and techniques for semiconductor and LCD manufacturing equipment
Professional Activities

Mr. Downs is a member of the American, Massachusetts and Boston Bar Associations. He is also a member of the American Intellectual Property Law Association (AIPLA).


Mr. Downs is peer-rated AV-Preeminent by Martindale-Hubbell and has been listed for several years in Chambers USA: America’s Leading Lawyers for BusinessBest LawyersIAM Patent Litigation 1000 – The World’s Leading Patent Litigators, Benchmark Litigation 2014 – Litigation Star, Who’s Who in American Law and Massachusetts Superlawyers. In law school, Mr. Downs served as Executive Editor of the University of Chicago Law Review.

In The News









J.D., 1986
The University of Chicago Law School

(cum laude, Order of the Coif)

A.B., 1982
Princeton University

(magna cum laude)


1986 to 1987 U.S. Court of Appeals for the Second Circuit, Honorable James Oakes
1987 to 1988 U.S. Supreme Court, Honorable William H. Rehnquist





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U.S. Court of Appeals for the Federal Circuit
U.S. Court of Appeals for the First Circuit
U.S. Court of Appeals for the Second 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 Illinois
Massachusetts Supreme Judicial Court
International Trade Commission
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Our clients rely on us for world-class advisory services, counsel on complex transactional work and high-stakes litigation. Specializing in matters involving the financial, life sciences, private equity, real estate, and technology industries, we use a collaborative, cross-disciplinary approach to resolve our clients’ most challenging issues. To find out more, please contact us.
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