Mr. Frederickson’s recent representative cases include:
Representative Life Sciences and Pharmaceutical Experience:
- Trial counsel for a biotechnology company that developed and successfully brought-to-market a new class of drugs for the treatment of rare diseases in commercial arbitration involving multiple license and collaboration agreements. The week-long, full evidentiary hearing took place in June 2020, and was among the first remote trials after COVID-19 pandemic.
- Trial counsel in confidential, expedited commercial arbitration between innovative companies concerning a license agreement directed toward gene editing technology. Achieved favorable ruling ensuring exclusive license rights to foundational intellectual property.
- Trial counsel for Dr. Reddy’s Laboratories in a patent infringement case relating to buprenorphine/naloxone sublingual films (Suboxone®). Achieved complete victory following trial in a first wave lawsuit involving five patents that was affirmed on appeal to the Federal Circuit. Successfully added counterclaims for violation of U.S. antitrust laws in a second wave lawsuit that was favorably resolved for Dr. Reddy’s.
- Counsel for Teva Pharmaceuticals in patent litigation involving the use of so-called “skinny labels” on pharmaceutical products. The case has received considerable industry attention and produced two oral arguments, two petitions for rehearing en banc, one sua sponte grant of panel rehearing, two panel opinions, and a denial of rehearing en banc that inspired three separate dissents. A petition for writ of certiorari is pending in the Supreme Court.
- Authored successful motion for summary judgment of non-infringement in a patent infringement case involving test methods for low molecular weight heparins under 35 U.S.C. § 271(g). The district court’s ruling was affirmed by the Federal Circuit.
Representative Technology and Financial Services Experience:
- Authored and argued summary judgment on behalf of Sophos, a network security company, in a case involving email firewalls in the District of Massachusetts. After granting summary judgment, the district court declared the case exceptional and awarded Sophos its attorneys’ fees. The Federal Circuit affirmed the summary judgment ruling.
- Represented Esselte, a disruptive and innovative label printing company against the market incumbent in a case filed in the Southern District of New York, successfully defeating two motions for preliminary injunction. After an evidentiary hearing, the district court denied the first motion seeking to enjoin sales of Esselte’s next generation label printer. The second motion sought to enjoin Esselte’s participation in co-pending inter partes review proceedings. The case settled shortly after the second motion was denied.
- Obtained voluntarily dismissal with prejudice for Alcatel-Lucent after a favorable claim construction ruling in a patent infringement case involving Power-over-Ethernet switching products. After the dismissal, the United States District Court for the District of Delaware found the case “exceptional” under 35 U.S.C. § 285 and awarded Alcatel-Lucent’s attorneys’ fees. The Federal Circuit summarily affirmed the district court’s exceptional case finding.
- Represented a financial services company in complex Multi-District Litigation filed in the Western District of Pennsylvania, where the patentee alleged infringement of four patents involving mobile banking services and smart phone applications.
- Represented Cisco in a patent infringement case filed in the District of Delaware involving call admission control for voice over IP phone service. The district court granted summary judgment of non-infringement in Cisco’s favor.
- Represented the inventors of prepaid cellular phone service in a large, multi-defendant patent infringement case involving prepaid cellular telephone service. The cases settled shortly before trial.
In 2018, Mr. Frederickson was selected by the firm to participate in LEAD Boston, a year-long program focused on leadership and social justice.
In addition to his trial work at Goodwin, from November 2011 to May 2012, Mr. Frederickson served as a Special Assistant District Attorney for Middlesex County. In that capacity, he prosecuted hundreds of felony and misdemeanor criminal cases and tried over a dozen jury and non-jury cases. He also argued countless dispositive and evidentiary motions, many of which involved constitutional issues.
Mr. Frederickson also devotes a significant amount of his time representing pro bono clients in a variety of matters. Mr. Frederickson has represented wrongfully convicted clients seeking exoneration through DNA testing through the New England Innocence Project (NEIP). He also has represented clients seeking asylum through the Political Asylum/Immigration Representation Project (PAIR).
More recently, Mr. Frederickson, along with other Goodwin litigation attorneys, has partnered with the American Civil Liberties Union of Massachusetts in a series of lawsuits seeking to ensure that persons suffering from opioid use disorder are able to receive medically-assisted treatment while incarcerated in the Commonwealth’s jails and a prisons. The team successfully obtained the first court order ruling that blanket policies denying inmates suffering from opioid use disorder access to life-savings medications likely violated the Eighth Amendment and the American with Disabilities Act, in Pesce v. Coppinger, 355 F. Supp. 3d 35 (D. Mass. 2018).