James Breen

James Breen is an associate in Goodwin’s Intellectual Property Litigation practice who focuses his practice on representing clients in complex intellectual property litigation across a variety of industries, including life sciences, technology, and consumer products. James’ experience includes advising clients in patent and post-grant invalidity proceedings, trade secret, trademark, copyright, and unfair competition matters. James also has extensive experience in disputes relating to intellectual property licensing and related commercial agreements. James is an editor of the firm’s biosimilars blog, Big Molecule Watch, which is dedicated to providing resources and observations through Goodwin’s active watch of the world of biologics, biosimilars and the Biologics Price Competition and Innovation Act (BPCIA).

James’ experience includes pre-suit investigations, discovery, motion practice, motions for preliminary injunction, claim construction, pretrial proceedings, trial, and applications for temporary restraining orders. Some of James’ engagements include:

• Represented leading medical device manufacturer in trade secret litigation concerning theft of trade secrets by former employees resulting in favorable preliminary injunction
• Certain Pre-Filled Syringes for Intravitreal Injection and Components Thereof, 337-TA-1207: Represented global healthcare company in ITC investigation and inter partes review proceedings
• Novartis Pharma AG et al. v. Regeneron Pharmaceuticals, Inc. (N.D.N.Y.): Representing client in litigation involving pre-filled syringes
• Genentech, Inc. et al. v. Celltrion, Inc. et al., C.A. Nos. 18-95-CFC, 18-1025-CFC (D. Del.). Represented Celltrion and Teva in BPCIA dispute regarding proposed biosimilar to HERCEPTIN®
• Represented The Gillette Company in litigation filed against Dollar Shave Club, Inc., in which Gillette asserted infringement of a patent directed to razor blade coatings. The matter settled favorably before trial
• Represented gaming company in trademark, copyright, and unfair competition litigation concerning a copycat video game

Prior to joining Goodwin, James worked as a technical consultant in the patent prosecution group of an intellectual property law firm. During this time he assisted in the drafting and prosecution of US and international patent applications, as well as in patent validity, freedom-to-operate, and due diligence investigations across a variety of technologies, including energy and wastewater treatment.

James also maintains an active pro bono practice. He has worked with organizations, such as Her Justice, to provide representation and advocacy for clients in custody and visitation proceedings.

James is a Co-Chair of the Associate Advisory Council the of the New York Intellectual Property Law Association (NYIPLA).

While attending Manhattan College, James was a member of the Omega Chi Epsilon, Tau Beta Pi, and Epsilon Sigma Pi Honor Societies.

James is a co-founder of Save Your City Clothing, a nonprofit organization committed to improving the education and well-being of school children in New York City.

• James is a recipient of the Archibald R. Murray Public Service Award
• James was part of a team recognized as Law.com Litigator of the Week Runners-Up
• James was part of a team named in Law.com’s Litigator of the Week Runners-Up and Shout-Outs for their success in winning a favorable verdict for Insulet Corp. in a trade secrets case

• Special Contributor, “Guide to Biosimilars Litigation and Regulation in the U.S., 2023-2024 ed.,” published by Thomson Reuters, January 2024
• Special Contributor, “Guide to Biosimilars Litigation and Regulation in the U.S., 2022-2023 ed.,” published by Thomson Reuters, December 2022
• Special Contributor, “Guide to Biosimilars Litigation and Regulation in the U.S., 2021-2022 ed.,” published by Thomson Reuters, October 2022 
• Special Contributor, “Guide to Biosimilars Litigation and Regulation in the U.S., 2020-2021 ed.,” published by Thomson Reuters, January 2021 
• Co-Author, “The All Substantial Rights Doctrine: A Second Look,” Fordham Intellectual Property, Media and Entertainment Law Journal, 2020
• Speaker, “Biosimilars Patent Challenges at the PTAB,” Goodwin Webinar, May 2020
• Co-Author, “U.S. Supreme Court Holds Willfulness Not Needed for Recovery of Trademark Profits,” Goodwin Client Alert, April 2020
• Contributor, “Guide to Biosimilars Litigation and Regulation in the U.S., 2019-2020 ed.,” published by Thomson Reuters, November 2019