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Octane Fitness and Highmark: The Supreme Court Eases the Standard for Recovering Attorney Fees in Patent Cases 2014


Speaker(s): Elaine Herrmann Blais, Joshua A. Whitehill
Recorded on: May. 7, 2014
PLI Program #: 57595

Elaine Blais, a partner in the firm's Litigation Department, focuses her practice on intellectual property litigation, particularly with respect to patent litigation. Ms. Blais has handled numerous patent infringement lawsuits in federal courts nationwide. She joined Goodwin Procter in 2001 and is currently a member of the firm's Hiring Committee and Partner Integration Committee. She also serves on the firmwide Women's Initiative Steering Committee, co-chairs the Boston Women's Initiative Council and is a member of the firm’s FinTech Practice. Ms. Blais has also served at various times on the firm's Alternative Billing Strategies, Renovations and Big Think Committees.

Work for Clients:

Ms. Blais has been litigating patent cases for nearly two decades. She has advised clients and participated in all phases of patent litigation, from initial counseling up through trial and appeal. Ms. Blais has worked on patent cases involving diverse areas of technology, including pharmaceutical products (Teva Pharmaceuticals, Fresenius Kabi), stem cell technology (ViaCell, Inc.), secure financial transactions (Fidelity), prepaid wireless technology (Freedom Wireless), the Internet (Lycos, Inc.), email tracking systems (Eloqua), semiconductor manufacturing tools (Applied Materials), consumer products (P&G), automatic transmission shift cables, software for reducing artifacts in MRI images, gaming devices and methods, glider designs, steel processing lines, and spinal implants.

She has also represented clients in cases involving copyrights, trademarks, trade secrets, unfair competition and patent-related antitrust issues. Ms. Blais has also filed amicus briefs on behalf of firm clients in a number of significant patent cases before the U.S. Supreme Court and the Federal Circuit sitting en banc, including Therasense v. Becton Dickinson, Microsoft v. i4i, and Caraco v. Novo Nordisk.

Ms. Blais has devoted a significant amount of her practice to counseling clients and advocating to Congress on behalf of clients regarding patent policy. In this capacity, she has worked on various pieces of legislation impacting the pharmaceutical industry, including the America Invents Act. Ms. Blais has been involved in drafting proposed legislation and has made numerous presentations before Congressional members and staff.

Recognition:

In 2012, Ms. Blais (and a client) were selected as a recipient of the Project for Attorney Retention’s 2012 PAR Flex Success Award. The award recognizes attorney-client relationships exemplifying how, with client and firm support, attorneys can work on flexible schedules, deliver exceptional legal services and enjoy extraordinarily successful careers.

In 2009, Ms. Blais was awarded the Mentor Award from the Political Asylum/Immigration Representation Project for her work on behalf of human rights and immigrant advocacy. Ms. Blais continues to dedicate pro bono time to the representation of immigrants seeking asylum, refugee status or special immigrant juvenile status in the United States. While attending law school, Ms. Blais was an associate editor of The Ohio State Law Journal.