Robert Frederickson, a partner in Goodwin’s IP Litigation practice, represents technology, financial services and life sciences companies in intellectual property litigation, including complex commercial arbitrations. Mr. Frederickson is an experienced trial attorney and focuses his practice on litigation involving patents, copyrights and license agreements. Mr. Frederickson also advises clients on intellectual property matters outside of litigation, including intellectual property issues that arise in mergers, acquisitions, due diligence, licensing and other transactions.

Mr. Frederickson has broad experience representing a wide variety of companies—ranging from established hardware and software companies that built the Internet, to emerging technology companies seeking to disrupt market incumbents, and from innovators of new classes of drugs, to generic pharmaceutical companies seeking to bring affordable medication to the public. Mr. Frederickson also regularly works with Goodwin’s market-leading financial services practice to advise banks and financial services companies in intellectual property matters and litigation, including as a member of the firm’s Fintech practice.

In addition to his intellectual property practice, Mr. Frederickson is often brought in to assist with commercial, securities, and environmental litigation involving scientific or highly technical subject matters.

Experience

ERFAHRUNG

EXPÉRIENCE

工作经历

Mr. Frederickson’s recent representative cases include:

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.

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 confidential commercial arbitration involving multiple license and collaboration agreements. The week-long, full evidentiary hearing took place virtually in light of state issued stay-at-home orders following the COVID-19 pandemic.
  • Trial counsel for Dr. Reddy’s Laboratories in a Hatch-Waxman case relating to generic forms of Suboxone® sublingual films. After trial, the district court held that Dr. Reddy’s generic product did not infringe any of the three asserted patents. The Federal Circuit affirmed the district court’s decision in all respects.
  • Represented Teva Pharmaceuticals in patent litigation involving the use of so-called “skinny labels” on pharmaceutical products. The district court granted Teva’s motion for judgment as a matter of law that Teva did not induce infringement of the asserted patent. The case is pending appeal.
  • Trial counsel in confidential commercial arbitration between innovative companies concerning a license agreement directed toward gene editing technology.
  • Authored successful motion for summary judgment of non-infringement for Teva Pharmaceuticals in a patent infringement case involving test methods for low molecular weight heparins. The district court’s ruling was affirmed by the Federal Circuit.
Professional Experience

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).

Recognition

Mr. Frederickson has been recognized as a “Key Lawyer” for patent litigation by The Legal 500. Mr. Frederickson also has been named a “Rising Star” in Super Lawyers magazine each year from 2013–2019, an award given to no more than 2.5% of eligible attorneys.

In 2020, Mr. Frederickson was recognized for Excellence in Pro Bono as part of Massachusetts Lawyers Weekly’s annual Excellence in the Law program.  

While attending law school, Mr. Frederickson was recognized as the Best Overall Oral Advocate in the New England Region of the National Moot Court Competition. He also served as the Senior Articles Editor for the Boston College Environmental Affairs Law Review, for which he authored “A Green Bird in the Hand: An Example of Environmental Regulations Operating to Stifle Environmentally Conscious Industry,” 34 B.C. Envtl. Aff. L. Rev. 303 (2007).

In The News

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Credentials

WERDEGANG

RÉFÉRENCES

专业资格

Education

J.D., 2007
Boston College Law School

(cum laude)

B.S., Economics, 2004
The George Washington University

(magna cum laude, Phi Beta Kappa)

B.A., Computer Science, 2004
The George Washington University

(magna cum laude, Phi Beta Kappa)

Admissions

Bar

Massachusetts

Courts

U.S. District Court for the District of Massachusetts
U.S. District Court for the Eastern District of Texas
U.S. Court of Appeals for the Federal Circuit
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