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 cases include:
- Lead trial counsel for Teva Pharmaceuticals in a two-week jury trial in the District of Delaware in 2017, resulting in a judgment of non-infringement for Teva on claims alleging hundreds of millions in damages
- Successful defense of client Dickstein Shapiro against malpractice claims based on a patent litigation matter, and obtained dismissal of the case in the District Court and affirmance before the D.C. Circuit
- Lead counsel in a successful defense of Citrix in a patent infringement trial in the Eastern District of Texas in Marshall, Texas. 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
- Represented a major financial institution in an MDL case in the Western District of Pennsylvania, and was selected as lead counsel for Markman claim construction proceedings on behalf of more than 20 defendants
- Represented numerous clients in cases 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 Applied Materials 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
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).
On pro bono matters, Mr. Downs recently represented a transgender inmate in a male prison in Massachusetts in a challenge under the Americans with Disability Act (ADA) to improve living conditions for transgender inmates and to enable inmates to be transferred to women’s facilities.