Elaine Herrmann Blais

Elaine Blais serves as co-chair of Goodwin's Intellectual Property Litigation practice and is a member of Goodwin’s Allocations Committee. She previously served on Goodwin's Executive Committee. She specializes in intellectual property litigation, with a particular emphasis on patent litigation and licensing disputes and is also a member of the firm's Life Sciences Disputes group. Elaine has first-chaired numerous lawsuits and taken cases to trial in federal courts nationwide. Elaine is also the co-founder and editor of the firm's biosimilars blog, Big Molecule Watch, dedicated to offering insights and resources related to Goodwin's vigilant monitoring of the biologics, biosimilars, and the Biologics Price Competition and Innovation Act (BPCIA). In the past, Elaine served as the head of the Litigation department in Goodwin's Boston office. Previously, she co-chaired the firm's Dobbs Task Force and held the role of co-chair for the Boston Women's Initiative Council.

Elaine has been litigating intellectual property cases for more almost 30 years. Throughout her career, she has provided counsel to clients and participated in every stage of litigation, from initial consultations to trial and the subsequent appellate process. Elaine has been involved in patent cases spanning various technological fields, encompassing pharmaceutical products with representation for both brand and generic companies (Teva Pharmaceuticals, Dr. Reddy’s, MSN, Fresenius Kabi, Hikma), biosimilars (Celltrion, Teva, Boehringer Ingelheim, Alvotech), stem cell technology (ViaCell, Inc.), secure financial transactions (Fidelity), LED devices (GE, Savant), and consumer products (P&G). Elaine also represents clients in arbitration proceedings, often addressing disputes arising out of licensing agreements involving a variety of technologies including, for example, CRISPR-Cas9 gene editing and biologics manufacturing.

Elaine has dedicated a substantial portion of her legal 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 Biologics Price Competition & Innovation Act and the America Invents Act. Elaine has been involved in drafting proposed legislation and has made numerous presentations before Congressional members and staff.

Elaine currently serves on the KIND Boston Advisory Committee and previously served on the Boston Bar Association Council.

In 2013, at the selection of firm leadership, Elaine participated in Harvard Business School’s “Leading Professional Service Firms” executive education program. This selective program focuses on how professional service firms should approach client retention and client service, among other critical issues facing professional service firms.

In 2011, Elaine was selected by the firm to participate in LEAD Boston, a year-long program focused on leadership and social justice.

While attending law school, Elaine was an associate editor of The Ohio State Law Journal.

Elaine’s recent recognitions include:

• Chambers USA for Intellectual Property – Massachusetts (2022-2024)
• General Patent Litigator of the Year: New England by LMG Life Sciences (2020, 2022-2023); shortlisted for award (2018-2019, 2021)
• Law360 MVP for Intellectual Property (2023)
• LMG Life Sciences Star for General Patent Litigation (2018-2023)
• Go To Lawyer for Intellectual Property by Massachusetts Lawyers Weekly (2023)
• Litigation Star – Intellectual Property by Benchmark Litigation (2022-2023)
• IP Star for Massachusetts by Managing IP (2019-2024)
• The Best Lawyers in America Best Lawyers in Litigation - Patent (2021-2024) and in Biotechnology and Life Sciences Practice (2023-2024)
• IAM Patent 1000 for MA - Litigation (2020-2024)
• The Legal 500 for Patent Litigation: Full Coverage (2021-2024)
• World Intellectual Property Review (WIPR) as one of the most Influential Women in IP (2021)

In 2017, Elaine was honored for her commitment to community and pro bono work with the Boston Bar Association’s Thurgood Marshall Award, presented annually to a lawyer in Greater Boston for extraordinary efforts in enhancing the human dignity of others through improving or delivering services to Massachusetts’ low income population. Elaine continues to dedicate pro bono time to the representation of immigrants seeking asylum, refugee status or special immigrant juvenile status in the United States.

In 2012, Elaine 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, Elaine was awarded the Mentor Award from the Political Asylum/Immigration Representation Project for her work on behalf of human rights and immigrant advocacy.

Elaine is a frequent lecturer on topics relating generally to patent litigation and more specifically to pharmaceutical and biosimilar patent litigation. Her recent presentations include:

• Contributor, “Guide to Biosimilars Litigation and Regulation in the U.S. 2023-2024 ed.,” Thomson Reuters, January 2024
• Speaker, “Patent Dance Disclosures and Beyond: Recent Biosimilars Litigation at the District Court,” Goodwin Webinar, October 2023
• Speaker, “Think You Don’t Need to Worry About Patents Before Commercializing Your Gene or Cell Therapy Product? Think Again! The Safe Harbor and Lessons Learned from REGENXBIO v. Sarepta,” Goodwin Webinar, August 2023
• Contributor, “Guide to Biosimilars Litigation and Regulation in the U.S., 2022-2023 ed.,” Thomson Reuters, December 2022
• Contributor, “Guide to Biosimilars Litigation and Regulation in the U.S., 2021-2022 ed.,” Thomson Reuters, November 2021
• Speaker, “Introduction to Biologics and Biosimilars Law and Regulation Course,” Food and Drug Law Institute, October 2021
• Speaker, “UIC John Marshall Law School IP Master Class: Strategies for the Federal Circuit, District Courts, ITC, and PTAB Virtual Seminar,” Goodwin Webinar, April 2021
• Speaker, “Labeling: What’s In and What’s Out?” AAM GRX & Biosimilars Conference, November 2020
• Speaker, “Biosimilars: Navigating the 271(e) “Safe Harbor” and 271(g) Exceptions to Patent Infringement,” Goodwin Webinar, September 2020
• Co-author, “Inclusion Matters, Now More Than Ever: Practical Suggestions for Making a Difference,” Innovate Magazine, July 2020
• Speaker, “AIPLA: Diversity, Equity, and Inclusion, Discussion on Practical Suggestions for Making a Difference,” AIPLA, July 2020
• Speaker, “New England Corporate Counsel Association Seminar,” NECCA, March 2020
• Speaker, “IPO IP Chat Channel Webinar: Blocking Patents in Litigation after Acorda,” IPO, February 2020
• Speaker, “5G and SEPs on Appeal: Insights from the FTC-Qualcomm Oral Argument,” Goodwin Webinar, February 2020
• Speaker, “Anything Under the Sun? Recent Developments on the Limits of Patentable Subject Matter in Life Sciences,” Goodwin Webinar, January 2020
• Contributor, “Guide to Biosimilars Litigation and Regulation in the U.S., 2019-2020 ed.,” Thomson Reuters, November 2019
• Speaker, “Corporate Social Responsibility, Tech and Legal: Bringing it All Together,” ChIPs Global Summit, September 2019
• Speaker, “The FDA and Communications About Biosimilars,” The Center for Biosimilars, September 2019
• Speaker, “The Potential for U.S. Patent Reform,” The Center for Biosimilars, August 2019
• Speaker, “Trends in Patent Settlements,” The Center for Biosimilars, July 2019
• Speaker, “Helsinn v Teva and Its Implications for Biosimilar Developers,” The Center for Biosimilars, June 2019
• Speaker, “Unlocking the Value of Data in MedTech: Protections, Pitfalls, and Strategies,” Goodwin Webinar, March 2019
• Co-Author, “Increasing Biosimilar Competition: Trends In Government Responses,” BioProcessOnline, March 2019
• Speaker, “Biosimilars Market Update,” Goodwin Webinar, November 2018
• Speaker, “GRx+Biosims 2018,” Association for Accessible Medicines, September 2018
• Speaker, “How to Ensure Investment is Made in Potential New Uses for Existing Medicines for the Benefit of Patients Worldwide,” Future of Innovation in Medicine - Incentives for New Medical Treatments and Global Health Conference, February 2018
• Speaker, “BBA Women’s Leadership & Advancement Forum,” Boston Bar Association, February 2018
• Speaker, “End Of A Humira Battle: Observations From The AbbVie-Amgen Armistice,” Biosimilar Development, October 2017
• Speaker, “Who Will “Dance” Now? Biosimilars After Amgen v. Sandoz,” The IPO IP Chat Webinar, July 2017
• Speaker, “The Supreme Court’s Decision in Sandoz v. Amgen,” Goodwin Webinar, June 2017
• Speaker, “Dance Fever: A Recap of Recent BPCIA Litigation,” Bloomberg Law Report, May 2017
• Speaker, “Do The Patent Dance,” STAT Plus Chat Webinar, April 2017
• Speaker, “Biosimilar Investment Landscape in 2017,” Goodwin Seminar, January 2017
• Contributor, “Biosimilars: A Guide to Regulatory and Intellectual Property Issues,” Goodwin, January 2016
• Speaker, “Biosimilars: Annual Market Review,” Goodwin Seminar, January 2016
• Speaker, “Recent Supreme Court Decisions in Patent Cases – How Helpful Have They Been?” PLI, November 2015
• Speaker, “Analysis of Amgen v. Sandoz,” Goodwin Webinar, August 2015
• Speaker, “Current Topics in Life Sciences Law, Regulation and Business,” The John F. Scarpa Center for Law and Entrepreneurship at Villanova University School of Law, June 2015
• Speaker, “Summit on U.S. Biosimilars,” American Conference Institute, April 2015
• Speaker, “The Impact of Amgen v. Sandoz,” Goodwin Webinar, March 2015
• Speaker, “Actavis, Valuation, and Fair Market Value,” Moderator, GPhA Annual Meeting, February 2015
• Speaker, “Biosimilars Teleconference,” Credit Suisse (February 2015)
• Speaker, “Understanding Biosimilars: Intellectual Property Challenges,” Goodwin Seminar, January 2015