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Morrison Foerster Awarded Top Rankings by LMG Life Sciences

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Morrison Foerster secured top-tier rankings in the 2022 edition of LMG Life Sciences. Morrison Foerster was named as a leading life sciences firm in three practice areas, with nine MoFo lawyers achieving recognition for their individual achievements. LMG Life Sciences ranks firms and individuals based on case evidence and client and peer feedback.

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Morrison Foerster secured top-tier rankings in the 2022 edition of LMG Life Sciences. Morrison Foerster was named as a leading life sciences firm in three practice areas, with nine MoFo lawyers achieving recognition for their individual achievements. LMG Life Sciences ranks firms and individuals based on case evidence and client and peer feedback.Morrison Foerster’s market-leading life sciences team was highlighted in as a “Tier One” practice for Patent Strategy & Management, a “Tier Two” practice for Patent Prosecution and a “Tier Three” practice for General Patent Litigation.Catherine M. Polizzi was again listed in the Patent Prosecution, Patent Strategy & Management Hall of Fame. The following MoFo lawyers were recognized as Life Sciences Stars:<ul><li>Stacy Cline Amin – FDA: Medical Device, FDA: Pharmaceutical</li><li>Michael A. Jacobs – General Patent Litigation</li><li>Brian Kramer – General Patent Litigation</li><li>Jim Krenn – Mergers & Acquisitions, Venture Capital</li><li>Brian Matsui – General Patent Litigation</li><li>Deanne Maynard – General Patent Litigation</li><li>James J. Mullen – General Patent Litigation, Patent Prosecution, Patent Strategy & Management</li><li>Michael R. Ward – Patent Prosecution, Patent Strategy & Management</li><li>Janet Xiao – Patent Prosecution</li></ul>This success follow’s MoFo being named Patent Strategy Firm of the Year for 2022 at the annual LMG Life Sciences Americas Awards. LMG Life Sciences is the only legal ranking directory to identify the leading law firms and individuals in each practice area of the life sciences industry through deep analysis of the business and legal developments in the sector.To view the complete list of Morrison Foerster’s rankings in the 2022 edition of LMG Life Sciences, please visit the publication’s <a href="https://www.lmglifesciences.com/">website</a>.

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Intellectual versatility combined with incisive, pragmatic counseling and business acumen is the hallmark of Catherine’s practice.Catherine helps emerging and established companies through the challenging process of obtaining patents, and provides strategic, effective portfolio counseling and management, as well as strategic advice surrounding freedom of operation and other forms of IP assessment. She develops valuable, strategic portfolios around breakthrough therapies in a variety of areas including cancer, cancer immunotherapy, autoimmune diseases, inflammatory diseases, infectious diseases, cardiovascular diseases, metabolic disorders, and neurodegenerative diseases such as Alzheimer’s disease.She also has significant experience in a wide spectrum of technology areas, including biologics (such as antibodies, antibody-drug conjugates (ADC), and polypeptides), nucleic acids, precision medicine, diagnostics, cell therapy including T cell technologies, such as chimeric antigen receptors, drug formulation technologies, drug delivery technologies, such as nanotechnologies, microfluidics, drug screening systems, AI solutions for life sciences including discovery platforms, amplification technologies, genetic screening, sequencing technologies including next generation sequencing, regenerative medicine, nutraceuticals, spectroscopy, and organic chemistry, including small molecule drugs.Catherine’s unique background, ability to integrate IP with a given business model to translate into meaningful valuation, risk assessment and advice, and highly effective communication skills in critical settings such as R&D, all phases of product development, and investment contexts, enable her to provide effective, creative solutions to the significant challenges often faced by clients. Catherine is an acquisition and value enhancement driver as well, a critical conduit for companies as they grow from startup through IPO, exit, and beyond.IP Leadership for Transactions, Financings, and Acquisitions. Catherine’s practice also includes due diligence evaluation and counseling in the context of venture investment assessments and in connection with public and private financing, spin-offs, partnerships, and mergers and acquisitions, where her IP strategies have helped drive the value of multibillion dollar deals.Representative transactions resulting from Catherine’s leadership include:<ul><li>The $74 billion acquisition by Bristol Myers Squibb (BMS) of Celgene Corporation, the largest pharmaceutical-company acquisition ever to date.</li><li>Celgene Corporation’s $9 billion acquisition of client Juno Therapeutics and earlier $2.9 billion acquisition of client Abraxis BioScience.</li><li>The $2.6 billion acquisition of Nestle Health Science of client Aimmune Therapeutics.</li><li>The up to $1.1 billion development collaboration with Bristol Myers Squibb on behalf of Volastra Therapeutics, which was recognized as one of the most promising early-stage biotechnology companies in the industry by Fierce Biotech’s 2022 Fierce 15, to discover, develop, and commercialize new oncology medicines.</li><li>Dewpoint Therapeutics’ $239 million collaboration with Pfizer for the development of new treatments for a rare kind of muscular dystrophy, the $305 million collaboration with Merck on a novel approach for the treatment of HIV, and the up to $100 million partnership with Bayer to research new treatments for cardiovascular and gynecological diseases.</li><li>SQZ Biotechnologies’ $125 million partnership with Roche to work on antigen-presenting cells designed to trigger killer T cell attacks against tumors.</li><li>Frontier Medicines’ $55 million collaboration with AbbVie to develop molecules against hard-to-drug targets.</li><li>Myriad Genetics’ $375 million acquisition of Counsyl, Inc.</li><li>Turnstone Biologics’ acquisition of Myst Therapeutics.</li><li>The $14 billion acquisition by Pfizer of client Medivation, as well as the previous $225 million Pfizer investment in Medivation.</li></ul>Catherine was retained by BMS, Pfizer, Celgene, and Juno (following the acquisitions of both by BMS) for ongoing patent strategy and counseling work on the existing patent portfolios and with expanded representation of the parent companies following these acquisitions. Other representative transactions where her astute leadership has proved invaluable include:<ul><li>Johnson & Johnson’s acquisition of TARIS Biomedical, with a focus on transforming the treatment of bladder cancer.</li><li>Frontier Medicines’ Series A Preferred Stock financing of $67 million. </li><li>SQZ Biotech’s $65 million Series D financing.</li><li>Dewpoint Therapeutics’ $150 million Series C financing, $77 million Series B financing and $60 million Series A financing.</li><li>Lyndra Therapeutics’ $55 million Series B financing.</li><li>Alpine Immune Sciences’ $48 million Series A financing and subsequent $90 million merger with Nivalis Therapeutics, resulting in a publicly traded company.</li><li>Indapta Therapeutics’ $50 million Series A financing.</li><li>Cartography Biosciences' $57 million Series A financing.</li></ul>Strategist in Legal Challenges and a Key Member of Litigation Teams. In addition to helping create value and commercialize her clients’ technologies, Catherine devises strategies and defenses to fortify their patents in the event of legal challenges by competitors. Accordingly, she renders advice on all aspects of patent positioning, including opinions on patentability, validity, freedom of operation, infringement, and competitor IP evaluation. She also works in the area of third–party challenges, such as inter partes review (IPR) and oppositions.A Recognized Leader. Catherine formerly served as the chair of the firm’s Patent Prosecution & Counseling Group and co-chair of the firm’s Intellectual Property Group. Chambers USA noted that Catherine “maintains a strong reputation for her capabilities advising biotechnology clients on portfolio management and other IP matters,” while clients note that she is “a great strategic thinker, great at flagging the high–level questions and brings a good business perspective,” and praise her for “bring[ing] a good business perspective to IP efforts which is not always evident with other IP attorneys.” Catherine has also received many awards and accolades throughout her career, including the following:  <ul><li>Recommended as a leading lawyer by Legal 500 U.S. for 2012–2024</li><li>Recognized among World’s Leading Patent Practitioners by IAM Patent 1000 for 2014-2024</li><li>Recognized as a Best Lawyer in Biotechnology and Life Sciences by Best Lawyers for 2023 and 2024</li><li>Selected as one of the Top 100 Intellectual Property Lawyers in California by the Daily Journal for 2009–2022</li></ul>Catherine is patent counsel to numerous publicly traded and privately held companies, with many new client relationships resulting from her strong reputation in the life sciences industry. A selection of her representative matters include the following:<ul><li>Genentech, the world’s first and most successful biotechnology company, relies on Catherine’s strategic patent counseling and prosecution services for its most difficult and challenging patent matters. Her work involves developing overall patent strategy, patent application drafting, and prosecution for key technologies. Her high–value work for Genentech also includes strategic assessment of key and novel technologies, as well as inter partes review and patent litigation support and advisement.</li><li>Juno Therapeutics has continuously relied on Catherine for patent strategy and prosecution. Juno is one of the best–funded start–ups in biotechnology history. It went on to become a publicly traded company in 2014 and ultimately was acquired by Celgene in 2018 for $9 billion; the strength of the patent portfolio that Catherine crafted helped drive the valuation for the deal. She led the IP team on the acquisition.</li><li>Celgene calls on Catherine for its patent strategy, drafting, and IP due diligence matters. She worked with Abraxis BioScience for many years in a similar capacity to help develop their IP position for the highly successful cancer drug, Abraxane. Catherine then counseled the company through its $2.9 billion acquisition by Celgene Corporation, including providing significant IP strategy and due diligence counseling. This IP platform was a major component of the valuation of the company. She was subsequently engaged by Celgene following the acquisition.</li><li>Dewpoint Therapeutics hired Catherine to lead their patent strategy. Dewpoint is on the cutting edge with technology relating to condensate biology, a new and paradigm-shift area of drug development. Catherine led the IP strategy and due diligence for their partnership with Bayer to research new treatments for cardiovascular and gynecological diseases. The work that Dewpoint is doing is seen as a significant move forward in the biopharma industry and opens the door to many potential new discoveries in biology through biomolecular condensates. For example, in January 2021, Dewpoint teamed up with Pfizer to develop new treatments for a rare kind of muscular dystrophy. In July 2020, Dewpoint announced their collaboration with Merck to evaluate a novel approach for the treatment of HIV.</li><li>Some of Catherine’s additional representative clients include clinical–stage and start–up companies, such Dynavax Technologies, Cytokinetics, Alpine Immune Sciences, Aimmune Therapeutics, 10x Genomics, Sonoma Biotherapeutics, CohBar, Sangamo Therapeutics, Seagen (formerly Seattle Genetics), Frontier Medicines, Maze Therapeutics, Myst Therapeutics, Sana Biotechnology, Sirenas, and Volastra Therapeutics and Boston–based SQZ Biotechnologies, Lyndra Therapeutics, Dewpoint Therapeutics, TARIS Biomedical, and Cartography Biosciences.</li></ul>

Catherine Polizzi

Partner

Brian is a trial lawyer focusing primarily on patent litigation, often defending companies accused of patent infringement. His work spans diverse technology areas, such as pharmaceuticals, medical devices, diagnostic tools, and DNA sequencing techniques. He has also represented makers of ultracapacitors, video compression techniques, and wireless technology.Brian has successfully tried cases in U.S. district courts and successfully argued appeals before the U.S. Court of Appeals for the Federal Circuit. His trial experience includes obtaining a jury verdict of non–infringement for a client sued by a rival for over $100 million, and a bench trial involving a drug with annual sales over $4 billion.Brian is a member of the American Intellectual Property Law Association, Federal Circuit Bar Association, and American Bar Association. He is chair of the board of directors of the Japan Society of San Diego and Tijuana, and past president of the board of directors of the Legal Aid Society of San Diego.In law school, he served as an associate editor of the University of Illinois Law Review and as the first managing editor of the University of Illinois Journal of Law, Technology & Policy.

Brian M. Kramer

Jim Krenn is a corporate partner and co-chair of the firm’s Emerging Companies + Venture Capital Group. Jim has extensive experience representing private and public companies and investors in significant business transactions from formation through liquidity. His practice focuses on mergers and acquisitions, venture capital financings, and emerging company counseling. His clients span a broad range of industries, with a concentration in life science and technology companies.Jim advises clients on private and public acquisitions on both the buy-side and sell-side across numerous transaction structures, including equity purchases, asset purchases, mergers, acquisitions, divestitures, cross-border transactions, and auctions. He has represented buyers and sellers in acquisitions and divestitures ranging from the low millions to over $1 billion.Jim counsels emerging and established life sciences and technology companies in equity financings and general corporate matters, and angel, corporate, and venture capital investors in investments in such companies. He has represented clients in hundreds of venture capital financings ranging from seed rounds to $100 million-plus later-stage rounds.In addition, Jim represents public companies in public offerings, other capital markets transactions, and SEC reporting and compliance matters, and advises boards of directors on corporate governance issues.Jim is member of the firm’s Life Sciences + Healthcare Group leadership team and Artificial Intelligence steering committee and serves on the Board of Directors of the San Diego Entrepreneurs Exchange.<h4 dir="ltr">Mergers and Acquisitions</h4><ul dir="ltr"><li dir="ltr">ACEA Biosciences, a medical instruments company, in its sale to Agilent Technologies (NYSE: A) for $250 million.</li><li>Adicet Bio (Nasdaq: ACET), a biopharmaceutical company, in its merger with a wholly owned subsidiary of resTORbio (Nasdaq: TORC) to create a combined publicly traded biotechnology company.</li><li>Alaska Energy & Resources Company, a parent company of a regulated electric utility in Alaska, in its $170 million sale to Avista (NYSE: AVA).</li><li>Astute Medical, a medical diagnostic company, in its $90 million sale to bioMérieux (EPA: BIM).</li><li>B. Riley Financial (Nasdaq: RILY), a diversified financial services company, in its $53 million private placement and merger with investment banking firm B. Riley & Co.</li><li>Biotix, a private equity-backed developer and manufacturer of laboratory consumables and liquid handling solutions, in its sale to Mettler-Toledo (NYSE: MTD).</li><li>California Cryobank, a private equity-backed leader in reproductive tissue donor services and stem cell banking, in multiple acquisitions.</li><li>Clean Energy Fuels (Nasdaq: CLNE), a provider of natural gas as an alternative fuel for vehicle fleets, in its sale for up to $180 million of components of its renewable natural gas business to BP (NYSE: BP).</li><li>Cogent (Nasdaq: COGT), a biometric identification solutions provider, in its $943 million sale to 3M (NYSE: MMM).</li><li>Deere & Company (NYSE: DE), an agricultural, construction, and forestry machinery corporation, in its planned acquisition of the precision planting unit of Monsanto (NYSE: MON).</li><li>Dosatron International, a distributor of water-powered dosing pumps and systems, in connection with its sale to Ingersoll Rand (NYSE:IR).</li><li>Gillco, a leading specialty ingredient provider, in its sale to Azelis (BR: AZE).</li><li>Mentor (NYSE: MNT), a leading supplier of medical products for the global aesthetic market, in its $1.12 billion sale to Johnson & Johnson (NYSE: JNJ).</li><li>Mitchell International, a developer of smart technology solutions, in its acquisition of Cogent Works.</li><li>MyChem, a provider of ultra-pure nucleotides, in connection with its sale to Maravai (NASDAQ: MRVI) for $240 million at closing with potential additional consideration.</li><li>Protomer Technologies, a biotechnology company, in its sale to Eli Lilly and Company (NYSE: LLY) with a potential value of over $1 billion with successful achievement of future development and commercial milestones.</li><li>Rakuten Medical, a biotechnology and medical device company, in its acquisition of Medlight SA and its acquisition of key assets and manufacturing technology from Li-Cor Biosciences.</li><li>Safebuilt Insurance Services, a managing general agent and insurance technology company, in its sale to Integrated Specialty Coverages.</li><li>Sequlite Genomics, a DNA sequencing firm, in connection with its sale to Fapon Biotech, a diagnostic technology company.</li><li>Tendo, a digital health software company, in its acquisition of MDsave, a healthcare marketplace company.</li><li>Wavestream, a provider of high-power solid-state amplifiers, in its $137 million sale to Spacenet, a subsidiary of Gilat Satellite Networks (Nasdaq: GILT).</li></ul><h4 dir="ltr">﻿Venture Financings</h4><ul><li dir="ltr">9amHealth, a provider of virtual diabetes care, in its $4 million Series Seed financing and $16 million Series A financing.</li><li>ACEA Biosciences, a developer of cell analysis instrumentation technologies, in its $30 million Series E Preferred Stock financing.</li><li>Adicet Bio, a biopharmaceutical company, in its Series A financing of up to $51 million, and $80 million Series B financing.</li><li>Astute Medical, a medical diagnostic company focused on high-risk medical conditions and diseases, in over $200 million of equity and debt financings.</li><li>Bidra as an investor in multiple equity financings.</li><li>Biolumic, an agtech company, in its $13.5 million Series B financing.</li><li>California Cryobank, a private equity-backed leader in reproductive tissue donor services and stem cell banking, in multiple equity and debt financings.</li><li>Carlsmed, a medical device and artificial intelligence company, in its $10 million Series A financing, $30 million Series B financing and $52.5 million Series C financing.</li><li>Crinetics as a strategic investor in Radionetics Oncology’s $52.5 million Series A financing.</li><li>Forward Ventures as an investor in multiple equity financings, convertible debt financings, and M&A transactions.</li><li>Foxen, a provider of financial technology solutions for the real estate industry, in its $44 million Series A financing.</li><li>Greenoaks Capital Partners and its affiliates as investors in multiple equity financings, debt financings, and secondary transactions.</li><li>GroupSolver, an artificial intelligence market research platform, in multiple preferred stock financings.</li><li>Hume.ai, an artificial intelligence company, in multiple preferred stock financings.</li><li>Oak Investment Partners as an investor in multiple preferred stock financings.</li><li>OrbiMed as an investor in multiple equity financings, debt financings, and M&A transactions.</li><li>Petuum, an artificial intelligence and machine learning software infrastructure provider, in its $93 million Series B financing.</li><li>Pi Health, an AI-enabled health technology and clinical research company, in its spin-out from BeiGene, Ltd. and $35 million Series A financing.</li><li>RA Capital as an investor in multiple equity financings.</li><li>Rakuten Medical, a biotechnology and medical device company, in over $730 million of debt and equity financings.</li><li>Softbank affiliates as investors in multiple equity financings.</li><li>Solarflare Communications, a software and hardware company, in over $200 million of equity and debt financings.</li><li>VoloAgri, an agriculture technology company focused on seed genetics, in over $150 million of equity financings.</li><li>Western Digital Capital as an investor in multiple preferred stock financings.</li></ul>

Jim Krenn

Co-Chair of Emerging Companies + Venture Capital Practice

Brian Matsui co-chairs Morrison Foerster’s Appellate and Supreme Court practice. Brian is a go-to appellate advocate for sophisticated clients in complex appeals nationwide. Brian has a nationwide appellate practice. He has argued many cases in federal and state appellate courts throughout the country, winning appeals involving federal preemption, securities litigation and enforcement, consumer class actions, and intellectual property. He has led appeals in the D.C., Second, Fourth, Fifth, Ninth, Eleventh, and Federal Circuits. His arguments include significant victories in class action appeals and in appeals for leading financial services companies, with multiple victories in the Ninth Circuit, where he clerked. Brian recently has gone five for five when representing appellants, including a precedential victory in the Ninth Circuit in a licensing dispute concerning alleged patent misuse. He also argued and won a D.C. Circuit appeal against the Securities and Exchange Commission (SEC) about the retroactivity of part of the Dodd-Frank Act. As a result of Brian’s win, the SEC had to change its enforcement practices against certain securities industry professionals.Clients frequently turn to Brian for his substantial experience with appeals in the Federal Circuit, praising him as “an invaluable advocate in patent matters” (Chambers USA). Brian has won 13 of his last 14 appeals in that Court. His arguments before the Federal Circuit include winning appeals from district courts, the Patent Trial and Appeal Board, and the International Trade Commission. He has handled appeals in a myriad of industries, including mobile devices, pharmaceuticals, medical devices, semiconductors, and software.Brian also plays a key role on trial teams, advising clients on both critical legal issues and appellate preservation. He recently argued and prevailed against a summary judgment invalidity motion in a case involving Chugai Pharmaceutical Co. Ltd.’s revolutionary antibody recycling technology, which ultimately led to a $775 million settlement on the eve of trial for Chugai.A former law clerk for the United States Supreme Court, Brian has authored many briefs in that Court, including on important constitutional and statutory interpretation issues. He often represents clients’ interests in amicus briefs in significant Supreme Court cases affecting the business community.Leading publications have recognized Brian for his appellate skills. The Legal 500 US recommends him for appellate litigation, and the National Law Journal named Brian a “Minority 40 Under 40.”Brian is an editor of Morrison Foerster’s <a href="https://federalcircuitry.mofo.com/" target="_blank">Federal Circuitry</a> blog, which takes a data-driven approach to analyzing the Federal Circuit and its decisions.Brian also dedicates significant time to pro bono matters. He argued and won two significant appeals—in the Second and Ninth Circuits—obtaining reversals of judgments that had denied private rights of action under the Child Welfare Act in precedential decisions. Brian also led the Morrison Foerster team who co-counseled a successful Eighth Amendment challenge to Florida’s imposition of a “life without the possibility of parole” sentence to a juvenile offender convicted of a non-homicide crime.For years, Brian chaired the ABA’s seven-person Standing Committee for Amicus Curiae Briefs. He served on the American Intellectual Property Law Association’s amicus committee and co-chaired the National Asian Pacific American Bar Association’s amicus committee. Brian served as an appellate lawyer representative for the Ninth Circuit. Brian also serves on the board of directors for the Lawyers’ Committee for Civil Rights Under Law.Before entering private practice, Brian clerked on the United States Supreme Court for Justice Anthony M. Kennedy. He also clerked for Judge Pamela Ann Rymer in the Ninth Circuit and Judge David F. Levi in the Eastern District of California.While in law school, Brian served as managing editor of Volume 51 of the Stanford Law Review and was elected to the Order of the Coif.<h4>Representative Oral Arguments</h4><ul><li><a href="https://oralarguments.cafc.uscourts.gov/default.aspx?fl=22-1260_02102023.mp3" target="_blank">SNIPR Technologies Ltd. v. Rockefeller University </a>(Fed. Cir.) Prevailed in a precedential decision reversing the Patent Office’s interpretation of the America Invents Act (AIA) that subjected patents post-dating the Act to pre-AIA interference proceedings. The decision revived five of SNIPR’s patents related to CRISPR technology.</li><li><a href="/resources/video-audio/220114-broadcom-corporation-v-renesas-matsui" target="_blank">Renesas Electronics Corporation v. Broadcom Corporation</a> (12:40) (Fed. Cir.) Successfully argued and briefed multiple appeals from an International Trade Commission (ITC) decision and several Patent Trial and Appeal Board decisions related to an ITC investigation initiated by Broadcom involving systems-on-chip powering automobile infotainment systems.</li><li><a href="/resources/video-audio/210706-cr-bard-v-medline-industries" target="_self">C.R. Bard Inc. v. Medline Industries, Inc.</a> (0:45) (Fed. Cir.) Won vacatur of three Patent Trial and Appeal Board decisions on obviousness.</li><li><a href="https://oralarguments.cafc.uscourts.gov/default.aspx?fl=21-1745_03102022.mp3" target="_blank">Advanced Voice Recognition Systems, Inc. v. Apple Inc.</a> (14:30) (Fed. Cir.) Secured a complete victory in appeal from Patent Trial and Appeal Board that all challenged patent claims were unpatentable.</li><li><a href="/resources/video-audio/200515-william-paulus-v-ocera-therapeutics-inc.html" target="_self">William Paulus v. Ocera Therapeutics, Inc.</a> (13:25) (9th Cir.) Successfully argued and briefed appeal in a putative shareholder class action involving a tender offer.</li><li><a href="/resources/video-audio/200410-kurtz-v-costco.html" target="_blank">Kurtz v. Costco Wholesale Corporation </a>(9:23) (2d Cir.) Successfully petitioned for review of a class certification decision, then argued and obtained a remand for the district court to reconsider its certification decision and an eventual reversal on an injunctive class certification decision.</li><li><a href="/resources/video-audio/161117-gregory-bartko-v-sec.html" target="_self">Gregory Bartko v. SEC</a> (0:53) (D.C. Cir.) Successfully argued and obtained precedential ruling that the Securities and Exchange Commission could not retroactively apply Dodd-Frank’s industry-wide sanctions on securities professionals for certain securities violations.</li></ul>

Brian Matsui

Deanne Maynard, co-chair of Morrison Foerster’s Appellate and Supreme Court practice, is widely recognized as one of the nation’s leading appellate advocates. She has argued 14 cases before the United States Supreme Court and 75 times in appellate courts across the country.In ranking Deanne in Band 1, Chambers USA reports that she is described as a “magnificent and top-notch lawyer” who is “wicked smart.” She is “extremely thoughtful, even-keeled and has a wonderful presence in the courtroom." Legal 500 calls Deanne “one of the finest advocates in the Supreme Court bar,” remarking that “if she is on your team, great. If she’s on the other side, be ready.”Deanne’s winning Supreme Court arguments involve a wide range of issues and industries, including life sciences (Sandoz v. Amgen), intellectual property (MedImmune v. Genentech), antitrust (Pacific Bell v. linkLine), financial services (Ransom v. FIA Card Services), and bankruptcy (RadLAX v. Amalgamated Bank). In Sandoz v. Amgen, the Supreme Court ruled for her client in a closely watched case involving the Biologics Price Competition and Innovation Act, which provides an approval path for biosimilars. Law360 named Deanne to its exclusive list of <a href="http://media2.mofo.com/documents/171212-mvp-deanne-maynard.pdf">Appellate MVPs</a> for this “big victory,” dubbing her a “Legal Lion” three separate times for her work on appeals in this case. LMG Life Sciences also named Deanne <a href="https://www.mofo.com/resources/news/190920-deanne-maynard-appellate-litigator-of-the-year.html">Appellate Litigator of the Year</a>.Deanne argues complex, high stakes cases in courts of appeals nationwide. Clients turn to Deanne for crisp, clear briefs and exceptional oral advocacy. Her appellate wins run a gamut of issues from arbitration to antitrust, class actions to contracts, copyright to Commerce Clause, infringement to invalidity, and securities law to statutory interpretation. Clients praise her as “an incredible oral advocate, very prepared and formidable” (Chambers USA), and “a tireless advocate with sterling client skills” (Legal 500).Deanne has particular experience in the Federal and Ninth Circuits. She has argued more than 40 appeals in the Federal Circuit, including wins for both patentees and defendants on a wide range of technologies. Chambers USA ranked Deanne in Band 1 for Intellectual Property Appeals, describing her as “renowned for her track record in bet-the-company disputes.” She also serves as Chair of the Federal Circuit’s Advisory Council, which is a conduit between the Court and the public. In the Ninth Circuit, her many wins include a decision from the en banc Court holding large parts of a California statute unconstitutional as well as a panel decision vacating a $60 million jury verdict.Deanne is annually recommended as a leading lawyer by Chambers USA, Chambers Global, Legal 500 US, and Best Lawyers in America. She is President-Elect of the American Academy of Appellate Lawyers, an invitation-only organization recognizing distinguished appellate lawyers. Deanne also serves on the Board of Trustees of the U.S. Supreme Court Historical Society and is a Master in, and Past President of, the Coke Appellate Inn of Court.Deanne is a leader within Morrison Foerster as well, chairing its partner compensation committee and serving on the firm’s leadership team.Before joining the firm, Deanne served as an Assistant to the Solicitor General at the U.S. Department of Justice for five years. She previously was a partner at another major law firm.After law school, Deanne clerked two terms on the United States Supreme Court, one for Justice Stephen Breyer and another for Justice Lewis Powell (Ret.) and Justice John Paul Stevens. Before that, Deanne clerked two years for Judge Stanley Harris on the U.S. District Court for the District of Columbia.Deanne graduated magna cum laude from Harvard Law School, where she was an editor of the Harvard Law Review. She earned a B.A. in English, with distinction, from the University of Virginia.<h4 dir="ltr">Supreme Court Arguments</h4><ul dir="ltr"><li>Sandoz v. Amgen <a href="/resources/video-audio/170426-sandoz-v-amgen" target="_self">(audio recording)</a> Involving the Supreme Court’s first foray into the Biologics Price Competition and Innovation Act</li><li>RadLAX v. Amalgamated Bank <a href="/resources/video-audio/120423-radlax-v-amalgamated-bank" target="_self">(audio recording)</a> Whether a debtor can sell a secured asset free and clear without permitting the lienholder to credit-bid</li><li>Pacific Bell v. linkLine <a href="/resources/video-audio/081208-pacific-bell-v-linkline" target="_self">(audio recording)</a> Whether Section 2 of the Sherman Antitrust Act permits a price squeeze claim in the absence of a duty to deal</li><li>MedImmune v. Genentech <a href="/resources/video-audio/061004-medimmune-v-genentech" target="_self">(audio recording)</a> Whether a patent licensee must breach a license agreement before seeking a declaration of patent invalidity</li><li>Ransom v. FIA Card Services <a href="/resources/video-audio/101004-ransom-v-fia-card-services" target="_self">(audio recording)</a> Involving when a debtor without lease payments may take a car-ownership deduction</li><li>EC Term of Years Trust v. U.S. Whether the federal tax code relegates a trust to a wrongful levy action as its exclusive remedy</li><li>Marshall v. Marshall Involving the scope of the probate exception to federal jurisdiction</li><li>U.S. v. Olson Involving the federal government’s sovereign immunity under the Federal Tort Claims Act</li><li>Wilkinson v. Austin Whether the procedures governing placement of prisoners in supermax prison satisfied due process</li><li>Greenlaw v. U.S. Involving the power of the court of appeals in the absence of a cross-appeal</li><li>Dean v. U.S. Whether the accidental discharge of a firearm during a robbery results in a mandatory minimum prison term</li><li>Carcieri v. Salazar Involving the Secretary of the Interior’s authority to take land into trust for Indians</li><li>Boulware v. U.S. Whether a profitless corporation’s diversion of funds to a shareholder was nontaxable</li><li dir="ltr">Watson v. U.S. Whether trading drugs for a firearm was “using” a firearm “during and in relation” to a drug trafficking crime</li></ul><h4 dir="ltr">Representative Appellate Arguments</h4><ul dir="ltr"><li>In re Cirba (Fed. Cir.) <a href="/resources/video-audio/210903-in-re-cirba" target="_self">(audio recording)</a> Successfully defeated attempt to revive a jury’s patent infringement verdict against VMware</li><li>Phigenix v. Genentech (Fed. Cir.) <a href="/resources/video-audio/170426-phigenix-v-genentech" target="_self">(audio recording)</a> Secured noninfringement judgment for Genentech</li><li>Zabriskie v. Fannie Mae  (9th Cir.) <a href="/resources/video-audio/181018-zabriskie-v-fannie-mae" target="_self">(video)</a> Won reversal for Fannie Mae of a Fair Credit Reporting Act judgment</li><li>Washington University v. Wisconsin Alumni Research Foundation (3d Cir.) <a href="/resources/video-audio/161108-washington-university-v-wisconsin-alumni" target="_self">(audio recording)</a> Obtained reversal for Washington University in suit for royalties due under contract with WARF</li><li>Nevro v. Boston Scientific (Fed. Cir.) <a href="/resources/video-audio/191202-nevro-v-boston-scientific" target="_self">(audio recording)</a> Won reversal of district court judgment of invalidity for indefiniteness</li><li>National Business Aviation Assoc. v. Huerta (D.C. Cir.) <a href="/resources/video-audio/180514-aviation-v-huerta" target="_self">(audio recording)</a> Successfully defended the City of Santa Monica against a challenge to its settlement with the FAA about its municipal airport</li><li>C.R. Bard v. Angiodynamics (Fed. Cir.) <a href="/resources/video-audio/200601-cr-bard-v-angiodynamics" target="_self">(audio recording)</a> Won reversal of district court judgment of noninfringement, no willfulness, and invalidity, reviving client’s infringement case on three patents</li><li>Flores v. UPS & Pocino Foods v. UPS (Consolidated) (9th Cir.) <a href="/resources/video-audio/190409-flores-v-ups" target="_self">(video)</a> Secured judgment for UPS on two putative RICO and breach-of-contract class actions about its Next Day Air services</li><li>Residential Capital v. Federal Housing Finance Agency (2d Cir.) Successfully obtained a remand in a case stemming from the ResCap bankruptcy</li><li>BASF v. Johnson Matthey (Fed. Cir.) <a href="/resources/video-audio/171005-basf-argument" target="_self">(audio recording)</a> Won reversal of an invalidity ruling against patentee BASF, reviving its patent claims</li><li>Holl v. U.S. District Court (9th Cir.) <a href="/resources/video-audio/190419-holl-v-us-district-court" target="_self">(video)</a> Defeated a mandamus petition against UPS, successfully defending its arbitration provision containing a class-action waiver</li><li>Interactive Digital Software Association v. St. Louis County, Missouri (8th Cir.) Successfully argued a First Amendment challenge to an ordinance regulating video games</li><li>In Re: Tremont Securities Law (2d Cir.) Secured dismissal for a major accounting firm of a putative class action regarding a Madoff-related fund</li><li>Estate of Graham v. Sotheby’s (9th Cir.) (en banc) <a href="/resources/video-audio/141216-estate-of-graham-v-sothebys" target="_self">(audio recording)</a> Won invalidation under the Commerce Clause of parts of a California artist resale royalty law</li><li>In re ATM Fee Antitrust Litigation (9th Cir.) <a href="/resources/video-audio/111206-atm-fee-antitrust-litigation" target="_self">(audio recording)</a> Prevailed in a putative nationwide antitrust class action against one of the largest U.S. ATM networks</li><li>Augme Technologies v. Yahoo! (Fed. Cir.) <a href="/resources/video-audio/131205-augme-technologies-v-yahoo" target="_self">(audio recording)</a> Secured a noninfringement judgment for Yahoo! in a suit involving Internet display advertising</li><li>Lower Elwha Klallam Indian Tribe v. Lummi Nation (9th Cir.) <a href="/resources/video-audio/170830-lummi-nation-argument" target="_self">(video)</a> Won a reversal for the Lummi Nation, reclaiming its historic treaty rights</li><li>Warsaw Orthopedic v. NuVasive (Fed. Cir.) <a href="/resources/video-audio/141201-warsaw-orthopedic-v-nuvasive" target="_self">(audio recording)</a> Obtained vacatur of a jury’s $101 million patent damages award</li><li>Momenta v. Amphastar (Fed. Cir.) <a href="/resources/video-audio/150504-momenta-v-amphastar" target="_self">(audio recording)</a> Successfully argued for a patentee that conduct was unprotected by the Hatch-Waxman Act safe harbor</li><li dir="ltr">Neurovision Medical Products v. NuVasive (9th Cir.) <a href="/resources/video-audio/120605-neurovision-medical-products-v-nuvasive" target="_self">(audio recording)</a> Obtained vacatur of a jury’s $60 million trademark verdict</li></ul>

Deanne E. Maynard

Michael (Mike) Ward is co-chair of the firm's Life Sciences + Healthcare Group, Patent Group, Intellectual Property Group, and Food + Agriculture Group.As co-chair of the Patent Group, Mike manages a team that includes 80+ Ph.D.s and 100+ attorneys and others with advanced scientific degrees in life sciences and related engineering disciplines. From small molecules and antibodies to gene editing, artificial intelligence, and machine learning, MoFo has deep experience protecting some of the most important innovations in the life sciences and food and agriculture sectors.Life SciencesFor his work across the life sciences sector, Mike was named San Francisco Biotechnology Lawyer of the Year by Best Lawyers in America in 2020 and is recommended for his patent strategy and prosecution practice in LMG Life Sciences. He also led the team that was named 2022 Patent Management and Strategy Firm of the Year at the 2022 LMG Life Sciences Americas Awards.Food + AgricultureRecognized as “one of the world’s foremost plant and agriculture IP lawyers,” Mike manages a wide range of intellectual property issues related to plants and plant products. He and his team advise clients on plant and plant utility patents; licensing agreements for plant IP; litigation in U.S. state and federal court and before the International Trade Commission; and regulatory approvals from the USDA, FDA, and EPA for gene edited and genetically engineered plants.Patent Strategy + ProsecutionMike is a Legal 500 US Hall of Fame lawyer for patent prosecution and is consistently named one of the leading IP lawyers by Managing Intellectual Property, Chambers USA and Chambers Global, and IAM Patent 1000.Mike works closely with many clients to develop and manage their patent portfolios. He helps clients identify, monitor, and assess the infringement risks of third-party patents. He also assists clients in preparing both offensive and defensive patent portfolios, with a particular emphasis on drafting patent applications that will be utilized in licensing and in litigation efforts.IP Due DiligenceFor venture capitalists seeking to invest in early- and mid-stage companies, underwriters involved in IPOs, and companies seeking to acquire or merge with other companies, Mike has managed extensive IP diligence. His work includes assessment of the strengths and weaknesses of patent portfolios, evaluation of freedom to operate issues, and strategic recommendations for maximizing the value of patent portfolios going forward.Mike also works closely with the IP Litigation Group on various litigation matters including patent interferences to determine the first-to-invent and patent re-examination work and actively participates in both mediation and arbitration proceedings on behalf of clients in the life sciences and food and agriculture areas.He is a frequent lecturer and speaker. Among numerous speaking engagements, Mike is the IP instructor at the UC Davis Licensing Academy and founded Morrison Foerster’s annual Harvard Biotechnology Club Fall Patent Law Course.Mike holds a Ph.D. in plant physiology (biochemistry) and an M.S. in agronomy from the University of California, Davis; a B.S. in biology from the University of California, Berkeley; and a J.D. from Golden Gate University School of Law. He was a post-doctoral fellow in plant molecular biology at the Harvard Medical School and the Department of Molecular Biology at Massachusetts General Hospital, where he worked on the Arabidopsis genome project.

Michael Ward

Janet focuses her practice on worldwide patent procurement, patent portfolio management, and strategic planning for life sciences companies. Janet’s clients range from large multinational biopharmaceutical companies, such as Celgene and Genentech, to emerging startup companies around the world. She advises her clients on patent matters relating to various technologies, including antibody therapeutics, cell therapeutics, nanomedicine, gene therapy, drug delivery systems, diagnostics, and nutraceuticals.Recognized by Chambers as being highly sought after for patent prosecution and strategy mandates by innovators from around the world, Janet develops and strengthens her clients’ complex patent portfolios to maximize their commercial value. She is instrumental in developing strategies for multibillion-dollar patent portfolios for pharmaceutical clients. As impressed clients noted to Chambers, “Janet’s work is thorough, polished and always of the highest caliber. She is well equipped to advise international clients on patent prosecution and strategy in the biotech industry, drawing on substantial technical knowledge.”Janet works extensively in performing IP due diligence reviews in the contexts of VC investments, technology transactions, mergers and acquisitions, and marketing and manufacturing clearance for biopharmaceutical products. She helps some of the world’s most-sophisticated biopharmaceutical companies and investors assess potential risks and devise preemptive risk-management strategies for their product development and investments. She has led hundreds of IP due diligence projects, and is noted for her in-depth knowledge of patent landscapes in the fields of cancer immunotherapy, gene editing, next-generation sequencing, liquid biopsy, antibody manufacturing, and medical devices. Janet works regularly with patent litigators in the event of legal challenges by third-party competitors or vice versa, and she is frequently called upon to represent clients in litigation and post-grant proceedings.Janet is the Head of firm’s China Life Sciences Group and served as co-chair of the global Life Sciences Group from 2016 to 2019. She is among the very few IP attorneys in the world who are both equipped with solid skills in global strategic IP management and knowledgeable about IP issues unique to China and Chinese clients, and she has been the go-to counsel for IP issues in U.S./China cross-border transactions and operations in China. Chambers Global praises her as an outstanding IP lawyer “who is renowned for her work on IP issues concerning complex cross-border transactions, where she regularly advises Chinese clients.” In a recent edition of Chambers Global, a client says, “Janet . . . is very experienced in advising life sciences clients doing business in China and the US . . . She is highly responsive and always gives practical advice. Her IP expertise adds tremendous value to our business.”Since 2005, Janet has been actively involved in the leadership team of the Chinese-American Biopharmaceutical Society (CABS), a nonprofit organization dedicated to bridging the life sciences communities in the U.S. and China, including serving as president for the 2011–2012 term. She is also a member of BayHelix, a nonprofit organization of Chinese heritage leaders in the global life sciences and healthcare fields.

肖荐（Janet Xiao）博士的业务侧重于为生命科学公司处理在全球范围内的专利采购、专利组合管理和战略策划事宜。肖博士服务的客户范围广泛，包括大型跨国生物制药公司，例如赛尔基因公司（Celgene）和基因泰克公司（Genentech），也包括全球范围的新兴创业公司。她经常就与各种技术有关的专利事宜向客户提供法律意见，其中涉及的技术包括抗体疗法、细胞疗法、纳米医学、基因疗法、给药系统、诊断和和营养学等。来自全球的创新者纷纷向肖博士寻求专利申请和专利战略的法律咨询，这一点也得到了《钱伯斯指南》的认可。她帮助客户开发和加强其复杂的专利组合，从而为客户实现最大的商业价值。在为制药行业的客户制定数十亿美元专利组合的战略方面，肖博士发挥着重要的作用。《钱伯斯指南》曾引用客户评价称，“肖博士是我曾合作过的律师当中知识最渊博、效率最高的一位律师。她能很好地将专利组合的历史信息用于全球专利申请问题上。”肖博士针对风险投资、技术交易、并购和生物医药产品的市场推广与生产许可事宜开展广泛的知识产权尽职调查审查工作。她协助世界上一些最成功的生物制药公司和投资者，为其产品开发和投资评估潜在风险，并制定先发制人的风险管理策略。她曾牵头处理过数百个知识产权尽职调查项目，并凭借自己对癌症免疫治疗、基因编辑、新一代测序、液体活检、抗体制造和医疗设备领域的专利方面的深厚知识而闻名。肖博士时常与专利诉讼律师合作，处理由第三方竞争者提出的法律质疑，或对第三方竞争者提出的法律质疑，她还经常受聘代表客户处理专利诉讼和授予后程序。肖博士是美富中国生命科学业务组主管，她曾在2016至2019期间担任美富全球生命科学业务组的联席主管。肖博士是全球为数不多的既拥有很强的全球战略性知识产权管理技能，同时又对中国和中国客户独特的知识产权问题具有深刻理解的知识产权律师之一，她一直是处理中美跨境交易和在中国境内经营中所涉知识产权问题的首选律师。《钱伯斯全球指南》称赞她是一位优秀的知识产权律师，“她因处理与复杂跨境交易有关的知识产权问题工作而知名，经常代表中国客户处理这方面的事宜” 。在近期一版《钱伯斯全球指南》中，某客户评价称，“肖博士在为于中国和美国开展业务的生命科学客户提供法律意见方面，有非常丰富的经验。她非常负责而且总是提供切实可行的法律意见。她在知识产权方面的专业意见为我们的业务增添了巨大价值。”自2005年以来，肖博士一直积极参与北美华人生物医药协会（CABS）的领导工作。该协会是一家非营利组织，致力于成为连接中美两国生命科学领域的纽带。肖博士在2011至2012年间担任该协会主席。她还是百华协会（BayHelix）的成员。百华协会是一家非营利组织，由全球生命科技和医疗保健产业领域的华人精英组成。