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Morrison Foerster Shortlisted in Managing IP Americas Awards for Ten Categories

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Morrison Foerster has been shortlisted for ten categories in the Managing IP Americas Awards for 2024, including as one of seven firms in the overall Americas Firm of the Year for IP category. This award recognizes firms with multiple offices and teams across the region who have performed exceptionally well across the spectrum of IP.

We are Morrison Foerster — a global firm of exceptional credentials. Our clients include some of the largest financial institutions, investment banks, and Fortune 100, technology, and life sciences companies. Our lawyers are committed to achieving innovative and business-minded results for our clients, while preserving the differences that make us stronger.Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Prior results do not guarantee a similar outcome.

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Morrison Foerster has been shortlisted for ten categories in the Managing IP Americas Awards for 2024, including as one of seven firms in the overall Americas Firm of the Year for IP category. This award recognizes firms with multiple offices and teams across the region who have performed exceptionally well across the spectrum of IP.Additionally, Morrison Foerster has been shortlisted as a firm in the following categories:<ul><li>U.S. Firm of the Year – Patent Prosecution</li><li>U.S. Firm of the Year – Appellate</li><li>U.S. Firm of the Year – Trade Secrets</li><li>Firm of the Year (West): Trademark Disputes</li><li>Firm of the Year (West): Trademark Prosecution</li></ul>Four MoFo partners have also been shortlisted in their respective categories:<ul><li>U.S. Practitioner of the Year (Patent Prosecution): Catherine Polizzi</li><li>U.S. Practitioner of the Year (Appellate): Deanne Maynard </li><li>U.S. Litigator of the Year (California): Joseph Gratz</li><li>U.S. Litigator of the Year (DC Metro Area): Mark Whitaker</li></ul>The Managing IP Awards identify leading law firms and practitioners through a combination of market research and firm submissions. The awards highlight industry leaders who provide counsel on some of the most complex IP law matters.Winners are set to be honored at the Managing IP Americas Awards 2024 ceremony at the JW Marriott Essex House, New York City, on April 25, 2024.<a href="https://www.managingip.com/article/2ctld236aou6hnjmxv7cw/awards/managing-ip-americas-awards-2024-shortlists-announced" target="_blank">View the full shortlists.</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. From 2006 through 2009, Catherine 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 the following awards and accolades:<ul><li>Selected as US Practitioner of the Year for Patent Prosecution by Managing Intellectual Property in 2024</li></ul><ul><li>Recognized as a Best Lawyer in Biotechnology and Life Sciences by Best Lawyers for 2023 and 2024</li><li>Inducted to the Legal Media Group Life Sciences Hall of Fame in 2018</li><li>Ranked by Chambers Global 2021-2023 in Life Sciences: IP/Patent Litigation</li><li>Ranked by Chambers USA 2013–2023 in Life Sciences: IP/Patent Litigation and Intellectual Property: Patent Prosecution 2018-2023</li><li>Selected as one of the Top 100 Intellectual Property Lawyers in California by the Daily Journal for 2009–2022</li><li>Recommended as a leading lawyer by Legal 500 U.S. for 2012–2023</li><li>Managing Intellectual Property – Top 250 Women in IP (2013, 2014, 2018-2022, 2024) and Patent Star (2018-2024)</li><li>Recognized as a Life Sciences Star by Legal Media Group Life Sciences for 2012–2022 and selected as the Legal Media Group Life Sciences 2017 Patent Strategy & Management Attorney of the Year for California</li><li>Named to The Recorder’s 2013, 2015, 2016, and 2017 Women Leaders in Tech Law list for demonstrating leadership and expertise in solving the most pressing legal concerns tech companies can face</li><li>Recognized in the IAM Patent 1000 – The World’s Leading Patent Practitioners 2014–2017, 2021-2023</li><li>Named to the 2012–2018 Northern California Super Lawyers list and in the Super Lawyers Women’s edition (2016-2018)</li><li>Recognized in the Lawyers to the Innovators section of the 2013 edition of the Financial Times U.S. Innovative Lawyers report</li><li>Selected as one of the 100 most influential women in Silicon Valley for 2013 by the Silicon Valley Business Journal</li><li>Recognized as a leader by Euromoney Legal Media Group and received its 2013 Americas Women in Business Law Award for best in life sciences</li></ul><h4>Select Representations</h4>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 as 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, Volastra Therapeutics, SQZ Biotechnologies, Lyndra Therapeutics, Dewpoint Therapeutics, TARIS Biomedical, and Cartography Biosciences.</li></ul>

Catherine Polizzi

Partner

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

Clients turn to Joe Gratz to handle trailblazing litigation where copyright and trademark law meet new technologies. An experienced litigator, Joe draws on his strong technical background to distill complex issues into simple, accurate concepts for judges, juries, and clients. Joe’s cases have set key precedents in Internet law, from the Google Books case that laid the groundwork for today’s generative AI innovations to key cases establishing the boundaries of intermediary liability. In addition to representing their interests in the courtroom, Joe helps his clients navigate their thorniest product counseling puzzles to reduce the risk of litigation.His appellate victory in Long v. Facebook set the standard for platforms in carrying out DMCA removals of user-generated content. And Joe’s win in Stevens v. CoreLogic established limitations on DMCA 1202 claims that have since been adopted by numerous other courts. His amicus brief on behalf of independent booksellers was cited by the Supreme Court in its opinion in Wiley v. Kirtsaeng, and he has submitted amicus briefs in other copyright cases on behalf of Center for Democracy & Technology (in Oracle v. Google) and on behalf of art law professors (in Warhol v. Goldsmith).A recognized commentator on copyright and internet law, Joe was selected as an advisor for the American Law Institute’s project to develop a Restatement of Copyright, and serves on the Advisory Board of the Electronic Frontier Foundation. He frequently speaks on emerging issues in Internet law and was called upon by the Senate Judiciary Committee in 2020 to testify about the interaction between the DMCA 512 safe harbor and fair use. Joe was the 2022 recipient of the California Lawyers Association’s IP Vanguard award, presented to one private practitioner each year for achievements at the forefront of emerging issues in intellectual property law.

Joseph Gratz

Mark Whitaker is co-chair of the firm’s Intellectual Property Litigation Practice and has more than 30 years of experience crafting legal strategies in high-stakes patent and trade secret litigation.Mark sees the whole board for each of his clients, and works closely with them to define a successful litigation outcome and determine the best path to achieve that goal. He has extensive experience navigating the rules and procedures in the nation’s top patent litigation venues, including U.S. district courts, the International Trade Commission, and the Court of Federal Claims.Mark regularly acts as lead counsel in matters involving technologies such as semiconductors, photo/optical technologies, chemicals, and database analytics. His clients do business in a broad range of industries including pharmaceuticals, medical devices, consumer products, and telecommunications. He often leads a team of MoFo lawyers representing several defendants in parallel multipatent litigations.A past president of the American Intellectual Property Law Association, Mark was elected to their prestigious Fellows membership in 2019. He is a frequent speaker at the American Bar Association, the Practising Law Institute, the Minority Corporate Counsel Association, and numerous CLE events all over the country. He is also the current co-chair of MoFo’s Diversity Strategy Committee, building on decades of experience leading law firm diversity and inclusion efforts. Additionally, Mark currently serves on Law360’s Intellectual Property Editorial Advisory Board, having been selected twice since 2021.Mark is a veteran of the U.S. Navy, having served first as a surface warfare officer and later as a member of the Navy Judge Advocate General’s Corps. Following his military service, he began his private-practice legal career as a commercial litigator before concentrating on IP and technology litigation.

Mark L. Whitaker

Bita Rahebi serves as co-chair of Morrison Foerster’s global IP Litigation Group and cross-disciplinary Intellectual Property Group and is a co-leader of its Semiconductor Industry Group. The world’s largest and most innovative technology companies turn to Bita for her trial skills and her strategic direction leading complex, high-stakes litigation matters. She litigates before state and federal trial courts, the Federal Circuit, and the International Trade Commission on a wide range of matters involving semiconductors, software, consumer electronics, medical devices and standard essential patents (SEPs).As a trial lawyer, Bita is known for zealously representing her clients’ interests. She brings an ability to explain complicated issues to juries and judges, a skill honed through years of experience working with cutting-edge technologies. She has obtained a complete defense victory as lead trial lawyer, invalidated numerous patents, and also obtained winning results for plaintiffs.Bita’s successes have built her reputation as a recognized leader for intellectual property litigation. Chambers USA noted that Bita “offers substantial expertise handling patent disputes for technology-sector clients,” and clients have called her a “razor-sharp” lawyer who “excels at trial and litigation strategy” and is “client focused.” Bita’s accolades include:<ul><li>Named a Top Intellectual Property Lawyer by Daily Journal for multiple years</li><li>Selected as the 2022 Patent Lawyer of the Year by Euromoney Legal Media in its annual Americas Women in Business Law Awards</li><li>Recognized for Intellectual Property: Patent Litigation, California in the 2022 and 2023 Chambers USA guides</li><li>Recommended in the 2022 and 2023 Legal 500 US rankings for Intellectual Property: Patent Litigation and in 2023 for Trade Secrets (Litigation and Non-Contentious) </li><li>Named one of the Top Women Lawyers in Southern California by Los Angeles Magazine</li></ul>Bita’s litigation practice includes patent, trade secrets, and copyright litigation. In addition to her litigation practice, Bita advises clients on strategic transactional issues and negotiates on behalf of clients in patent licensing discussions. Bita has also successfully tried criminal jury matters at the Los Angeles City Attorney’s Office, securing a guilty verdict for every trial.Bita is the past president of the Los Angeles Intellectual Property Law Association and she co-founded the organization’s Women in IP committee. She also served as a Ninth Circuit Judicial Conference Lawyer Representative. Bita is a board member for ALM’s Intellectual Property Strategist.Earning her B.A. from the University of California, Berkeley, she served as president and editor-in-chief of the Daily Californian. She received her J.D. from the University of California, Los Angeles, where she was an editor of the UCLA Law Review.

Bita Rahebi

Brian Nash co-chair's Morrison Foerster’s global IP Litigation Group and cross-disciplinary Intellectual Property Group. He is also the Managing Partner of the firm's Austin office. An established intellectual property trial attorney and a leader in the Western District of Texas, Brian has managed more than 250 cases involving intellectual property and technology in district courts across the nation, before the PTAB, at the ITC, and on appeal in the Federal Circuit, including matters involving patents, trademarks, trade secrets, and copyrights.Clients also turn to Brian for his ability to analyze and simplify highly technical issues through a legal lens. He combines his experience as a registered patent lawyer and his engineering degree to counsel clients in a wide range of technologies, including semiconductors, programmable logic devices, software, blockchain, e-commerce, digital media, video games, virtual reality, wireless standards, aluminum alloy composition, container fabrication, hydrocarbon exploration, search marketing, geolocation, encryption, image processing, and liquid crystal displays.Brian is a recognized, leading practitioner in the Western District of Texas, where he has handled over 80 cases, including over 50 before Judge Albright. He founded the committee to create the Honorable Lee Yeakel IP Inn of Court, the first IP-focused Inn of Court in Texas, and he currently serves as president. Further, Brian is a board member and past president for the Austin Chapter of the Federal Bar Association, and is a past president of the Austin Intellectual Property Law Association.Brian served as a judicial law clerk for the Honorable Richard Linn of the U.S. Court of Appeals for the Federal Circuit in Washington, D.C.<h4>Representative Experience</h4><ul><li>Won a dispositive claim construction ruling that resulted in a dismissal following a Markman hearing before Judge Albright on behalf of a Fortune 50 semiconductor company on a patent related to field programmable gate arrays.</li><li>Won a final written decision holding all claims unpatentable and denying patent owner’s motion to amend in an inter partes review for a Fortune 50 semiconductor company on a patent related to field programmable gate arrays.</li><li>Representing Cimarex Energy Co. in defending against a multi-patent case involving e-fracking technologies.</li><li>Advising Anheuser-Busch in an instituted derivation proceeding related to aluminum alloy composition technology that is pending at the Patent Trial and Appeal Board.</li></ul>

Brian Nash

Tim Chen Saulsbury co-chairs the firm’s global IP Litigation Group and cross-disciplinary Intellectual Property Group. He represents many of the world’s leading technology companies in high-stakes patent and technology disputes and has served as lead counsel for the likes of VMware, Zoom, Atlassian, Pinterest, Wix.com, and Tonal. His experience spans all aspects of trial and appellate practice.Tim’s track record has resulted in recognition from leading publications. IAM Patent 1000 describes Tim as a “formidable lead trial attorney,” highlighting wins for Zoom and others.  Bloomberg Law named Tim one of the top 40 lawyers in the country under 40, and the Daily Journal labeled him one of the “Top Intellectual Property Lawyers” in California. He also was recognized by the Daily Journal as one of California’s top 40 lawyers under the age of 40, on Benchmark Litigation’s 40 & Under Hot List, and by The Legal 500 (for Copyright, Patent Licensing, Patent Litigation, and Trade Secrets).Tim’s recent highlights include:<ul><li>As lead counsel for the country’s largest integrated healthcare system, Tim secured a complete summary judgment victory in a $900M+ trade secret case involving wearable medical device technologies, earning him Litigator of the Week runner up honors in The American Lawyer.</li><li>As lead counsel for Zoom in a six-patent case involving end-to-end encryption technology, Tim defended against claims seeking $100M+ annually and amounting to $1.5B+ over the life of the patents. After winning successive dismissal motions, Zoom moved to dismiss the entire case with prejudice. The Court issued a tentative ruling indicating that it was inclined to grant the motion, and the case promptly resolved.</li><li>A complete defense verdict in a competitor patent trial involving USB technology that powers Apple CarPlay. Tim’s cross-examination of the lead inventor was later described as a “climactic moment” and potentially “a big reason why the jury would later reject Microchip’s case.”</li><li>In the months leading up to that trial, Tim put together a streak of five complete walkaways as lead counsel for Zoom, Atlassian, and Brightcove.</li></ul>Tim also maintains an active pro bono docket, serving as full scope counsel in a range of cases—including FTCA, First Amendment, wrongful termination, and Section 1983 prisoners’ rights matters—and representing victims of violence in immigration proceedings.Prior to joining MoFo, Tim was a partner at a national trial boutique, where he built his practice representing major technology companies in high-stakes intellectual property matters and served on the firm’s management committee.

Timothy Chen Saulsbury

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.