Adam is an experienced IP litigator who primarily serves life sciences and defense industry clients. He is lead counsel, handling patent and trade secret disputes, in addition to providing strategic counsel on IP portfolio development, licensing and enforcement. Adam has a strong record of success in multiparty, highly contested Hatch-Waxman litigation, in addition to other litigations involving advanced biochemistry, polymers, optics, manufacturing processes, and other cutting edge technologies. He has tried cases before multiple US district courts, briefed and argued cases before the US Court of Appeals for the Federal Circuit, and briefed bet-the-company issues before the US Supreme Court.
For pharmaceutical clients, Adam leverages his trial and appellate experience in litigation when advising on new product development, regulatory strategy, Orange Book listing, citizen petition practice, and the settlement of multiparty, highly contested Hatch-Waxman litigation. Adam also advises on due diligence, including reviewing and assessing litigation, regulatory, and competitive strategies.
Adam is an experienced IP litigator who primarily serves life sciences and defense industry clients. He is lead counsel, handling patent and trade secret disputes, in addition to providing strategic counsel on IP portfolio development, licensing and enforcement. Adam has a strong record of success in multiparty, highly contested Hatch-Waxman litigation, in addition to other litigations involving advanced biochemistry, polymers, optics, manufacturing processes, and other cutting edge technologies. He has tried cases before multiple US district courts, briefed and argued cases before the US Court of Appeals for the Federal Circuit, and briefed bet-the-company issues before the US Supreme Court.
Experience
- Jazz Pharmaceuticals Ireland, Ltd. v. Teva Pharmaceuticals, Inc., 21-cv-14271, 23-cv-01617, 24-cv-08785. Lead counsel to Teva Pharmaceuticals, Inc. in consolidated ANDA litigations involving mixed salt formulation of gamma hydroxybutyrate oral solution.
- Trupanion, Inc. v. Destination Pet, Inc., No. 23-2-18452 (Sup. Ct.King Cty). Lead counsel to Destination Pet, Inc. in defense of trade secret misappropriation claims and prosecution of counterclaim for abuse of process.
- Philips Medical Systems (Cleveland), Inc. v. GL Leading, Inc., 1:19-cv-02648 (N.D. Ill.), 24-1182 (7th Cir.) – Lead counsel to Philips in a case brought against domestic and international competitors, inter alia, alleging misappropriation of trade secrets relating to the design and manufacture of X-ray tubes used in commuted tomography. Obtained sanction of default judgement against China-based companies after successfully defeating serial motions to dismiss and compelling discovery over China State Secrets and Data Protection Law objections. Obtained permanent injunction with no geographic or temporal limitation, in addition to an award of attorneys’ fees and contempt sanctions against China-based defendants. Obtained summary dismissal of interlocutory appeal of contempt sanctions, and stay of litigation against U.S.-based defendants in view of pending criminal investigation of related misconduct of U.S. defendants by U.S. Department of Justice.
- Keter Home and Garden Products, Ltd. v. Five Hole International, LLC, 1:21-cv-01291 (D. Del.) – Lead Counsel to Keter in trade secret and patent inventorship dispute. Obtained extremely favorable settlement resulting in assignment of disputed patent application.
- Keter Luxembourg Sarl v. Home Products International – North America, Inc., 1:21-cv-00477 (D. Del.) – Lead counsel to Keter in patent infringement litigation involving design patent covering highly successful line of consumer products. Obtained favorable early settlement prohibiting continued marketing of accused products in U.S. and other global markets.
- Horizon Medicines LLC v. Teva Pharmaceuticals USA, Inc., 2:20-cv-08188 (D.N.J.) – Lead Counsel to Teva Pharmaceuticals USA, Inc., in ANDA litigation involving fixed-dose oral combination product. Obtained dismissal with prejudice after briefing case-dispositive claim construction.
- Evoke Pharma, Inc. v. Teva Pharmaceuticals, Inc., 1:22-cv-02019 (D.N.J.) - Lead Counsel to Teva Pharmaceuticals, Inc. and Teva Pharmaceuticals USA, Inc., in ANDA litigation involving metoclopramide nasal spray product.
- WePower Technologies LLC v. GenerEN, LLC, 7:22-cv-03364 (S.D.N.Y) – Co-lead counsel to WePower in trade secret misappropriation litigation seeking, inter alia, assignment of patent purporting to claim misappropriated energy harvesting technology.
- Lions Investment & Trading, Inc. v. Republic Floor, LLC, 22-cv-02777 (C.D. Cal.) – Lead counsel to defendant in trademark and unfair competition litigation. Efficiently obtained favorable negotiated resolution.
- ClimaCell, Inc. v. Hagit Messer-Yaron, 1:19-cv-11487 (D. Mass.) – Lead counsel to individual defendant in trade secret and breach of contract litigation. Obtained highly favorable settlement during pendency of motions to dismiss.
- Rehrig Pacific Co. v. Polymer Logistics (Israel), Ltd., et al., 2:19-cv-04952 (C.D. Cal.) – Lead counsel to Polymer Logistics (Israel) Ltd., defended claims of patent infringement brought by a competitor. Successfully brought a motion to transfer the action from the U.S. District Court for the Southern District of Georgia to the Central District of California, and also obtained dismissal of willful infringement claims through the strategic use of Rule 12(b)(2) and 12(b)(6) motion practice.
- Green Cross Corporation v. Shire Human Genetic Therapies, Inc., Appeal No. 17-2071 (Fed. Cir) – Served as appellate counsel to Green Cross Corporation, successfully defeating a motion to dismiss for lack of standing to challenge a final written decision from the Patent Trial and Appeal Board.
- Kowa Pharmaceuticals America et al v. Amneal Pharmaceuticals, LLC, and related cases – Represented plaintiffs Kowa Company, Ltd., Kowa Pharmaceuticals America, Inc. and Nissan Chemical Industries, Ltd. in litigation which involved compound, formulation, and polymorph patents directed toward quinoline-type mevalonolactones (or, pitavastatin calcium) relating to the drug product Livalo®. Presented the plaintiffs' infringement case at 10-day trial, through which plaintiffs prevailed on all issues. Also represented Kowa and Nissan in connection with the Federal Circuit’s affirmance of the district court’s judgment, and was involved in the team’s successful POPR, resulting in a denial of institution of three petitions for inter partes reviews filed by defendants in these cases.
- Novatrans Group S.A. v. Vital Farms, Inc., et al, 1:18-cv-01012 (D. Del.) – Lead counsel, representing Novatrans Group S.A. (“Novatrans”). Brought a claim for declaratory judgment to require assignment of certain patent rights and a claim under the Federal Defend Trade Secrets Act in the District of Delaware, while simultaneously defending a breach of contract claim against Novatrans in the Western District of Texas. These cases involved duelling claims of inventorship of a system to determine the fertility status and gender of an avian egg before hatching. Obtained a settlement resulting in publicly recorded assignments of the contested patent application to Novatrans.
- CAI Software , LLC v. Multimetco, Inc., 1:19-cv-00540 (D.R.I.) – Lead counsel to plaintiff in trade secret misappropriation and copyright infringement litigation.
- M&C Innovations, LLC v. Igloo Products Corp., 4:17-cv-02372 (W.D. Tex.) – Served as lead counsel, defending Igloo from allegations of patent infringement and unfair competition involving one of his client’s most significant product lines.
- Wireless Monitoring Systems, LLC v. SimpliSafe, Inc., 2:16-cv-1241 (E.D. Tex) – Successfully defended claim of patent infringement by non-practicing entity.
- Tangelo IP, LLC v. TigerDirect, Inc., 2:15-cv-00771 (E.D. Tex.) – Successfully defended claim of patent infringement by non-practicing entity, after being engaged by supplier of accused technology. Obtained favorable outcome for supplier all end-users of accused technology.
- Inline Plastics Corp. v. EasyPak, LLC, 799 F.3d 1364 (Fed. Cir. 2015) – Served as principal appellate counsel, arguing for reversal and remand on case-dispositive claim construction. Previously obtained dismissal of invalidity counterclaims and entry of judgment on infringement to permit expedited appeal. Inline achieved highly-favorable settlement on remand.
- MKS Instruments v. Emphysys, C.A. No. 12-1858-BLS (Ma. Super. Ct.) – Served as lead counsel, defending against claims of trade secret misappropriation related to advanced semiconductor manufacturing technology. The case settled very favorably after a positive summary judgment hearing.
- MeadWestvaco v. Rexam, Appeal No. 12-1518 (Fed. Cir.) – Served as principal appellate counsel, and subsequently represented the plaintiff-appellee on remand to the Eastern District of Virginia. The appeal dealt with matters of claim construction, summary judgment decision of non-obviousness, denial of summary judgment of indefiniteness, and bench finding of infringement.
- Dallakian v. IPG Photonics, 3:14-cv-11863-TSH (D. Mass.) – Served as lead counsel, successfully defending against claims for correction of inventorship and trade secret misappropriation. Plaintiff voluntarily dismissed the complaint after defendant secured expedited discovery and an early summary judgment motion.
- VLP Watertown L.P. v. Tristate Breeders Cooperative d/b/a/ Accelerated Genetics, 1:07-cv-11487-GAO (D. Mass.) – Represented VLP in litigation of trade secret misappropriation claims involving a cell processing method shown to improve fertility and induce statistically significant female gender bias in dairy herds. Obtained jury verdict of trade secret misappropriation and multimillion-dollar judgment in our client’s favor.
- Mitsubishi Chem. Co. v. Barr Labs., Inc., 718 F. Supp. 2d 382 (S.D.N.Y. 2010), aff’d, 435 Fed. Appx. 927 (Fed. Cir. Aug. 2, 2011) – Served as trial and appellate counsel to pioneer pharmaceutical company in a Hatch-Waxman patent infringement action.
- Takeda Chem. Indus., Ltd. v. Mylan Labs. Inc., 417 F. Supp. 2d 341 (S.D.N.Y. 2006) – Served as trial and appellate counsel to pioneer pharmaceutical company in Hatch-Waxman patent infringement action.
viewpoints
District of Delaware Dismisses ANDA Applicant for Lack of Venue under TC Heartland
October 24, 2018 | Blog | By Adam Samansky, Peter Cuomo, Joe Rutkowski
Federal Circuit Provides Guidance for Stereochemistry Claim Construction
April 25, 2018 | Blog | By Adam Samansky, Joe Rutkowski
WesternGeco v. ION Geophysical Corp. and Lost Profit Damages under § 271(f)
April 5, 2018 | Blog | By Adam Samansky, Alexander Roan
SAS v. Matal – Overview of Oral Arguments in the Supreme Court
December 12, 2017 | Blog | By Adam Samansky, Brad M Scheller , Inna Dahlin
Federal Circuit Clarifies the Requirements for a Teaching Away by the Prior Art
October 23, 2017 | Blog | By Adam Samansky, Peter Cuomo, Joe Rutkowski
Federal Circuit Thoroughly Reverses District Court Findings of Velcade® Patent Obviousness
July 26, 2017 | Blog | By Adam Samansky, Joe Rutkowski
Federal Circuit Reiterates That Patent Prosecution Disclaimers Must Be “Clear and Unmistakable”
March 16, 2017 | Blog | By Adam Samansky, Peter Cuomo, Joe Rutkowski
Supreme Court Declines to Revisit Broad Personal Jurisdiction Over ANDA Filers
January 12, 2017 | Blog | By Adam Samansky, Joe Rutkowski
Pleading Standard Defined– CAFC Holds that Joint Infringement Complaint Requires Identification of All Required Claim Steps
October 12, 2016 | Blog | By Adam Samansky, Peter Cuomo
Federal Circuit Finds Personal Jurisdiction over Mylan in Two Hatch-Waxman Appeals
March 24, 2016 | Blog | By Adam Samansky, Joe Rutkowski
News & Press
Mintz is pleased to announce that 31 attorneys have been named Massachusetts Super Lawyers and 35 attorneys have been named Massachusetts Rising Stars for 2024.
The Best Lawyers in America 2025 Recognizes 184 Mintz Attorneys across 56 Practice Areas
August 15, 2024
187 Mintz attorneys have been recognized by Best Lawyers® in the 2025 edition of The Best Lawyers in America©. Notably, three Mintz attorneys received 2025 “Lawyer of the Year” awards, and 64 firm attorneys were included in the 2025 edition of Best Lawyers: Ones to Watch.
BOSTON – Nine Intellectual Property attorneys from Mintz have been recognized in the 2024 edition of the Intellectual Asset Management (IAM) Strategy 300 Global Leaders Guide.
Fifty-Nine Attorneys Recognized as 2023 Massachusetts Super Lawyers and Rising Stars
October 12, 2023
Mintz is pleased to announce that 32 attorneys have been named Massachusetts Super Lawyers and 27 attorneys have been named Massachusetts Rising Stars for 2023.
Mintz is pleased to announce that Member and Chair of the firm’s Intellectual Property Division Michael Renaud and Members Matthew Galica, Frank Gerratana, Marguerite McConihe, Michael Newman, Adam Rizk, Adam Samansky, Daniel Weinger, and James Wodarski have been named to the 2023 IAM Strategy 300: The World’s Leading IP Strategists list.
Mintz is pleased to announce that 120 firm attorneys have been recognized as leaders by Best Lawyers® in the 2024 edition of The Best Lawyers in America©.
BOSTON – Mintz is pleased to announce that it has become an official sponsor of the Pan-Mass Challenge (PMC).
Member Adam Samansky spoke to The Boston Business Journal about the FTC's proposal to ban noncompete agreements.
Why Cellect's Federal Circuit Case Is One To Watch
December 16, 2022
Members Adam Samansky and Peter Cuomo spoke to Managing IP on the implications that a pending case in the Court of Appeals for the Federal Circuit could have on litigation and prosecution strategies for life sciences companies.
Watching The DTSA Court Split On Inevitable Disclosure
October 18, 2022
Mintz Member Adam Samansky and Associates Nicholas Armington and Oliver Ennis co-authored an article re-published in Law360 exploring the split amongst federal courts on the Defend Trade Secrets Act.
35 Mintz attorneys have been named Massachusetts Super Lawyers and 25 Mintz attorneys have been named Massachusetts Rising Stars for 2022.
As ANDA Suit Venue Options Shrink, Del., NJ Rule For Now
November 29, 2021
The Estoppel Questions On The Minds Of Patent Challengers
September 9, 2019
Victory on Appeal After Lengthy Litigation Over Cholesterol Inhibitor
December 14, 2018
Mintz Secures Full Patent Victory for Kowa Pharmaceuticals and Nissan Chemical in Lengthy Battle
September 22, 2017
Mintz Triumphs for SL Corporation and Hyundai Motor America, Inc. Before the Patent Trial and Appeal Board
March 16, 2017
Eighty-Four Mintz Attorneys Named 2016 Massachusetts Super Lawyers and Rising Stars
October 18, 2016
Mintz Further Expands IP Practice with Eighteen Attorneys
January 09, 2015
Events & Speaking
IP in the Digital Age: Trends and Transformations
Boston Bar Association IP Year In Review Conference
Trade Secret Threat Looms Due to Economic Downturn: Protecting and enforcing trade secrets in the COVID era
View the Webinar Recording
BPIP 7th Annual Conference
Best Practices in Intellectual Property
Sheraton Tel Aviv Tel Aviv, Israel
Data Protection at the Intersection of Trade Secrets and Cybersecurity
Boston Patent Law Association
Mintz Levin One Financial Center Boston, MA
AIPPI-Israel’s 3rd Annual International Convention on the Economy of Innovation
AIPPI-Israel
David Intercontinental Hotel 12, Kaufman Street Tel Aviv, Israel
BPIP 6th Annual Conference
Best Practices in Intellectual Property
Sheraton Tel Aviv Tel Aviv, Israel
2015 U.S. Supreme Court and Federal Circuit Year in Review
Gross, Kleinhendler, Hodak, Halevy, Greenberg & Co.
One Azrieli Center, Round Building, Tel Aviv, Israel
Adam is an experienced IP litigator who primarily serves life sciences and defense industry clients. He is lead counsel, handling patent and trade secret disputes, in addition to providing strategic counsel on IP portfolio development, licensing and enforcement. Adam has a strong record of success in multiparty, highly contested Hatch-Waxman litigation, in addition to other litigations involving advanced biochemistry, polymers, optics, manufacturing processes, and other cutting edge technologies. He has tried cases before multiple US district courts, briefed and argued cases before the US Court of Appeals for the Federal Circuit, and briefed bet-the-company issues before the US Supreme Court.
Recognition & Awards
Best Lawyers in America: Intellectual Property Litigation (2018 - 2025)
Named to IAM Strategy 300: Global Leaders (2024)
Included on the Massachusetts Super Lawyers - Intellectual Property Litigation list (2021 – 2023)
Included on the Massachusetts Super Lawyers: Rising Star - Intellectual Property Litigation list (2013 – 2018)
Adam is an experienced IP litigator who primarily serves life sciences and defense industry clients. He is lead counsel, handling patent and trade secret disputes, in addition to providing strategic counsel on IP portfolio development, licensing and enforcement. Adam has a strong record of success in multiparty, highly contested Hatch-Waxman litigation, in addition to other litigations involving advanced biochemistry, polymers, optics, manufacturing processes, and other cutting edge technologies. He has tried cases before multiple US district courts, briefed and argued cases before the US Court of Appeals for the Federal Circuit, and briefed bet-the-company issues before the US Supreme Court.
Involvement
- Member, Boston Bar Association
- Member, American Intellectual Property Law Association
- Member, Boston Intellectual Property Law Association, Co-Chair Trade Secrets Committee
- Member, Federal Circuit Bar Association
Recent Insights
Mintz is pleased to announce that 31 attorneys have been named Massachusetts Super Lawyers and 35 attorneys have been named Massachusetts Rising Stars for 2024.
187 Mintz attorneys have been recognized by Best Lawyers® in the 2025 edition of The Best Lawyers in America©. Notably, three Mintz attorneys received 2025 “Lawyer of the Year” awards, and 64 firm attorneys were included in the 2025 edition of Best Lawyers: Ones to Watch.
