At Goodwin, Ms. Grammel has been an active member of teams litigating three federal jury trials, one federal bench trial, and one federal preliminary injunction hearing. She has also worked on appellate matters in the Federal Circuit, the First Circuit, and the Supreme Judicial Court of Massachusetts, as well as inter partes review proceedings.
Representative matters include:
- Certain Pre-Filled Syringes for Intravitreal Injection and Components Thereof, 337-TA-1207. Representing global healthcare company in ITC investigation and related litigations and inter partes review proceedings.
- Manufacturing Resources Int’l, Inc. v. Civiq Smartscapes, LLC et al., C.A. No. 17-269-RGA (D. Del.). Representing defendants against pending claims of patent infringement, trademark infringement, and unfair competition and deceptive trade practices claims relating to digital outdoor displays. Successfully obtained dismissal with prejudice of 13 asserted patents as well as all trademark infringement claims. Asserted patents include digital display system and cooling method claims.
- 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® involving 40 patents, including during the pre-suit patent dance and during ensuing litigation. Asserted patents included antibody manufacturing process, method of treatment and diagnostic method claims.
- Reckitt Benckiser Pharmaceuticals Inc. et al. v. Dr. Reddy’s Laboratories, S.A. et al., C.A. Nos. 17-7111-KM, 18-1775-KM, 18-5288-KM (D.N.J.). Representing Dr. Reddy’s in second-wave infringement suit regarding Dr. Reddy’s proposed generic versions of SUBOXONE® (buprenorphine/naloxone) sublingual films, including during preliminary injunction proceedings and successful expedited appeal therefrom, resulting in a finding by the Federal Circuit that the district court committed legal error and abused its discretion in entering an injunction, and that one of the plaintiffs’ second-wave infringement cases is likely barred by claim preclusion.
- Reckitt Benckiser Pharmaceuticals Inc. et al. v. Dr. Reddy’s Laboratories, S.A. et al., No. 14-1451-RGA (D. Del.). Represented Dr. Reddy’s in Hatch-Waxman suit regarding Dr. Reddy’s proposed generic versions of SUBOXONE® (buprenorphine/naloxone) sublingual films, resulting in trial judgment of non-infringement of all asserted claims, which was affirmed by the Federal Circuit on appeal. Directed a witness at trial and had substantial involvement in development and presentation of noninfringement defenses before and at trial. Asserted patents included pharmaceutical thin film formulation and manufacturing process claims.
- Veracode, Inc. et al v. Appthority, Inc., No. 12-10487-DPW (D. Mass.). Represented patent owner in infringement suit against a competitor asserting patents relating to analysis and review of source code, resulting in jury verdict and post-trial judgment as a matter of law of willful infringement and entry of a permanent injunction.
- Various non-public representations, including counseling biosimilar developer in pre-litigation matters and confidential arbitration proceedings involving pharmaceutical IP licensing disputes.
In addition to her IP work, Ms. Grammel was also one of the Goodwin attorneys on the federal trial team that defended former SAC Capital Advisors portfolio manager Mathew Martoma. In the largest-ever insider trading prosecution brought to trial, Mr. Martoma faced charges that he improperly obtained non-public information about the results of a high-profile pharmaceutical clinical trial and used this information to make trades resulting in profit and avoided losses of over $275 million.
Pro Bono
Ms. Grammel devotes a significant portion of her practice to pro bono projects. While at Goodwin, she has represented indigent clients in various matters including an appeal of eviction proceedings, pursuit of civil rights claims under 42 U.S.C. § 1983, and defense of criminal securities fraud allegations. Ms. Grammel has also assisted legal permanent residents in applying for U.S. citizenship and is currently representing four young girls in their petition for Special Immigrant Juvenile status, as well as two Ugandan refugees seeking asylum in the United States following persecution in their home country on the basis of their sexual orientation.
In addition to these projects, in 2017, Ms. Grammel completed a six-month rotation with the Middlesex County District Attorney’s Office. During this time, she first-chaired fifteen trials, including five jury trials. Ms. Grammel also argued dozens of evidentiary and non-evidentiary motions, including successfully arguing for the admissibility of presumptively excluded evidence at a consolidated hearing addressing a group of cases brought in Woburn District Court prior to 2014.
Ms. Grammel is a member of the Boston Bar Association, the American Bar Association and the National Association of Women Lawyers.
