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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.

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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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Catherine Polizzi, known as a pioneer in Patent Prosecution + Strategy law, is a deeply experienced lawyer who is highly regarded by clients and competitors alike. Her intellectual versatility combined with incisive, pragmatic counseling and business acumen is the hallmark of her practice. Catherine has the unique experience of working with both startups and emerging companies as well as well‑known, established global 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 and polypeptides; nucleic acids; precision medicine including precision oncology; diagnostics; cell therapy including T cell and NK cell technologies, such as chimeric antigen receptors; drug formulation technologies; drug delivery technologies such as nanotechnologies; therapeutic and prophylactic vaccines; microfluidics; drug screening systems; AI solutions for life sciences including drug discovery and development platforms; polynucleotide therapeutics such as siRNA; amplification and detection technologies; genetic screening; sequencing technologies including next-generation sequencing; regenerative medicine; spectroscopy; surgical imaging technologies; 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.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. 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. Catherine formerly 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 many awards and accolades throughout her career, including the following:<ul><li>Ranked in four different Chambers categories for IP and Life Sciences 2011–2025</li><li>Recognized as a Hall of Fame lawyer by LMG Life Sciences for Patent Prosecution and Patent Strategy & Management since 2018</li><li>Recognized as Patent Star by Managing IP for 2025</li><li>Recommended as a leading lawyer by The Legal 500 U.S. for 2012–2024</li><li>Recognized among World’s Leading Patent Practitioners by IAM Patent 1000 for 2014–2024</li><li>Recognized as a Best Lawyer in Biotechnology and Life Sciences by Best Lawyers for 2023 and 2024</li><li>Selected as one of the Top 100 Intellectual Property Lawyers in California by The Daily Journal for 2009–2022</li></ul><h4>Representative Experience</h4><ul><li>Genentech, the world’s first and most successful biotechnology company, has relied on Catherine’s strategic patent counseling and prosecution services for its most difficult and challenging patent matters for nearly 15 years. 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 patent litigation support and advisement.</li><li>10x Genomics, a biotechnology company developing forefront gene sequencing technology used in scientific research, turns to Catherine to serve as lead patent counsel related to in situ and spatial assay platforms for cellular and subcellular identification of cell and biomarker diversity in tissues, including gene expression, gene sequencing, RNA profiling, and related reagents, panels, hardware, and software analysis tools.</li><li>Codexis, a biotechnology company that specializes in enzyme engineering, focusing on improving sustainability and cost-efficiency of manufacturing in the pharmaceutical industry, including in the manufacture of oligonucleotides and small molecule drugs, relies on Catherine for developing Codexis’s complex IP strategy. She has provided critical advice in management of their intellectual property portfolio, including strategic consideration of patent application filings, and patent risks to their planned commercial operations, including freedom to operate.</li><li>Juno Therapeutics has relied on Catherine for patent strategy and prosecution from its very beginning. Juno is one of the best-funded startups 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.</li><li>Dewpoint Therapeutics engaged Catherine to lead its patent strategy from the very beginning. Dewpoint is on the cutting edge of drug discovery, with technology relating to condensate biology, a new and paradigm‑shift area of drug development. Catherine led the IP strategy and due diligence for its 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 its collaboration with Merck to evaluate a novel approach for the treatment of HIV.</li><li>Frontier Medicines, a clinical-stage precision medicine company advancing treatments for genetically defined patient populations in oncology and immunology, has entrusted all aspects of patent strategy and portfolio development for its pipeline of small molecule therapeutics to Catherine.</li><li>Insitro, a multibillion-dollar startup pharmaceutical drug company, turned to Catherine to develop its global IP strategy. The company is at the forefront of advancing AI and data-driven drug discovery and development, and trusted Catherine to manage the company’s portfolio.</li><li>Sonoma Biotherapeutics, a clinical-stage biopharmaceutical company that is developing cell therapies that use engineered regulatory T cell therapies to treat serious autoimmune and inflammatory diseases, called on Catherine to direct its patent strategy and development.</li><li>Additional representative clients include clinical-stage and startup companies, such Aimmune Therapeutics, Alpine Immune Sciences, Botanical Solution, Cartography Biosciences, CohBar, Corner Therapeutics, Cytokinetics, Dynavax Technologies, Enveda Therapeutics, Frazier Life Sciences, GOA Therapeutics, Immunome, Indapta Therapeutics, Larkspur Biosciences, Lyndra Therapeutics, Maze Therapeutics, Myst Therapeutics, Nanoprobes, Ollin Biosciences, Passkey Therapeutics, Prelude Therapeutics, Sana Biotechnology, Sangamo Therapeutics, Seagen (formerly Seattle Genetics), Sirenas, Syntis Bio, Tacit Therapeutics, TARIS Biomedical, The Immune Co., Turnstone Biologics, and Volastra Therapeutics.</li></ul><h5>Aided by Catherine’s leadership and guidance developing IP protection for high-value technology, the following companies were involved in the following high-value transactions:</h5><ul><li>The $4.9 billion cash acquisition of client Alpine Immune Science by Vertex Pharmaceuticals.</li><li>Alpine Immune Sciences’ $48 million Series A financing and subsequent $90 million merger with Nivalis Therapeutics, resulting in a publicly traded company, as well as Alpine Immune Sciences’ $91 million private placement.</li><li>The $2.6 billion acquisition of client Aimmune Therapeutics by Nestlé Health Science.</li><li>The $74 billion acquisition of Celgene Corporation by Bristol Myers Squibb (BMS).</li><li>The $1.1 billion development collaboration with BMS 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>Celgene Corporation’s $9 billion acquisition of client Juno Therapeutics and earlier $2.9 billion acquisition of client Abraxis BioScience.</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>Dewpoint Therapeutics’ partnership with Mitsubishi Tanabe Pharma Corporation, with a deal value up to $480 million and $150 million Series C financing, $77 million Series B financing, and $60 million Series A financing.</li><li>Enveda Therapeutics Inc.’s $130 million raised in Series C financing.</li><li>Frontier Medicines’ $55 million collaboration with AbbVie to develop molecules against hard-to-drug targets.</li><li>Frontier Medicines’ $80 million Series C financing, $88.5 million Series B financing, and Series A Preferred Stock financing of $67 million.</li><li>Indapta Therapeutics’ $22.5 million financing to advance clinical trials of innovative cancer and autoimmune treatments and $50 million Series A financing.</li><li>Johnson & Johnson’s acquisition of TARIS Biomedical, with a focus on transforming the treatment of bladder cancer.</li><li>Lyndra Therapeutics’ $60.5 million Series C financing and $55 million Series B financing.</li><li>Myriad Genetics’ $375 million acquisition of Counsyl, Inc.</li><li>Syntis Bio’s $33 million Series A financing.</li><li>Sonoma Biotherapeutics’ collaboration with Regeneron worth over $100 million.</li><li>The $14 billion acquisition of client Medivation by Pfizer, as well as the previous $225 million Pfizer investment in Medivation.</li><li>The $43 billion acquisition of client Seagen by Pfizer.</li><li>Turnstone Biologics’ acquisition of Myst Therapeutics.</li></ul>

Catherine Polizzi

Partner

Deanne Maynard, a Partner in 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 more than 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" target="_blank">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 Appellate Litigator of the Year.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 45 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 Immediate Past-President of the American Academy of Appellate Lawyers, an invitation-only organization recognizing distinguished appellate lawyers. Deanne is also 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>Supreme Court Arguments</h4><ul><li><a href="/resources/video-audio/170426-sandoz-v-amgen" target="_self">Sandoz v. Amgen</a> (00:17): Involving the Supreme Court’s first foray into the Biologics Price Competition and Innovation Act</li><li><a href="/resources/video-audio/120423-radlax-v-amalgamated-bank" target="_self">RadLAX v. Amalgamated Bank</a> (25:46): Whether a debtor can sell a secured asset free and clear without permitting the lienholder to credit-bid</li><li><a href="/resources/video-audio/081208-pacific-bell-v-linkline" target="_self">Pacific Bell v. linkLine</a> (18:38): Whether Section 2 of the Sherman Antitrust Act permits a price squeeze claim in the absence of a duty to deal</li><li><a href="/resources/video-audio/061004-medimmune-v-genentech" target="_self">MedImmune v. Genentech</a> (17:38): Whether a patent licensee must breach a license agreement before seeking a declaration of patent invalidity</li><li><a href="/resources/video-audio/101004-ransom-v-fia-card-services" target="_self">Ransom v. FIA Card Services</a> (26:34): 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>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>Representative Appellate Arguments</h4><ul><li><a href="/resources/video-audio/241113-novartis-v-torrent" target="_self">Novartis v. Torrent</a> (00:00) (Fed. Cir.): Revived the validity of Novartis’s foundational patent protecting its blockbuster drug Entresto®</li><li><a href="/resources/video-audio/231207-lynwood-investments-cy-limited-v-maxim-konovalov" target="_self">Lynwood Investments v. Konovalov</a> (16:43) (9th Cir.): Successfully defended dismissal of the vast majority of claims against F5 Network</li><li><a href="/resources/video-audio/210903-in-re-cirba" target="_self">In re Cirba</a> (25:53) (Fed. Cir.): Successfully defeated attempt to revive a jury’s patent infringement verdict against VMware</li><li><a href="/resources/video-audio/170426-phigenix-v-genentech" target="_self">Phigenix v. Genentech </a>(11:21) (Fed. Cir.): Secured noninfringement judgment for Genentech</li></ul><ul><li><a href="/resources/video-audio/181018-zabriskie-v-fannie-mae" target="_self">Zabriskie v. Fannie Mae</a> <a href="http://youtu.be/Cz_Hp0VIkYs">(Video)</a> (0:00) (9th Cir.): Won reversal for Fannie Mae of a Fair Credit Reporting Act judgment</li><li><a href="/resources/video-audio/161108-washington-university-v-wisconsin-alumni" target="_self">Washington University v. Wisconsin Alumni Research Foundation</a> (0:42) (3d Cir.): Obtained reversal for Washington University in suit for royalties due under contract with WARF</li><li><a href="/resources/video-audio/191202-nevro-v-boston-scientific" target="_self">Nevro v. Boston Scientific</a> (00:10) (Fed. Cir.): Won reversal of district court judgment of invalidity for indefiniteness</li><li><a href="/resources/video-audio/180514-aviation-v-huerta" target="_self">National Business Aviation Assoc. v. Huerta</a> (28:34) (D.C. Cir.): Successfully defended the City of Santa Monica against a challenge to its settlement with the FAA about its municipal airport</li><li><a href="/resources/video-audio/200601-cr-bard-v-angiodynamics" target="_self">C.R. Bard v. Angiodynamics</a> (00:29) (Fed. Cir.): Won reversal of district court judgment of noninfringement, no willfulness, and invalidity, reviving client’s infringement case on three patents</li><li><a href="/resources/video-audio/190409-flores-v-ups" target="_self">Flores v. UPS & Pocino Foods v. UPS (Consolidated)</a> (<a href="http://youtu.be/eas0RAExOME" target="_blank">Video</a>) (13:43) (9th Cir.): 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><a href="/resources/video-audio/171005-basf-argument" target="_self">BASF v. Johnson Matthey</a> (0:17) (Fed. Cir.): Won reversal of an invalidity ruling against patentee BASF, reviving its patent claims</li><li><a href="/resources/video-audio/190419-holl-v-us-district-court" target="_self">Holl v. U.S. District Court</a> (<a href="https://youtu.be/ilT3hbMCTQ0" target="_blank">Video</a>) (13:32) (9th Cir.): 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><a href="/resources/video-audio/141216-estate-of-graham-v-sothebys" target="_self">Estate of Graham v. Sotheby’s</a> (30:46) (9th Cir.) (en banc): Won invalidation under the Commerce Clause of parts of a California artist resale royalty law</li><li><a href="/resources/video-audio/111206-atm-fee-antitrust-litigation" target="_self">In re ATM Fee Antitrust Litigation</a> (17:20) (9th Cir.): Prevailed in a putative nationwide antitrust class action against one of the largest U.S. ATM networks</li><li><a href="/resources/video-audio/131205-augme-technologies-v-yahoo" target="_self">Augme Technologies v. Yahoo!</a> (21:49) (Fed. Cir.): Secured a noninfringement judgment for Yahoo! in a suit involving Internet display advertising</li><li><a href="/resources/video-audio/170830-lummi-nation-argument" target="_self">Lower Elwha Klallam Indian Tribe v. Lummi Nation</a> (<a href="http://youtu.be/OILs47RhSjM" target="_blank">Video</a>) (00:03) (9th Cir.): Won a reversal for the Lummi Nation, reclaiming its historic treaty rights</li><li><a href="/resources/video-audio/141201-warsaw-orthopedic-v-nuvasive" target="_self">Warsaw Orthopedic v. NuVasive</a> (17:44) (Fed. Cir.): Obtained vacatur of a jury’s $101 million patent damages award</li><li><a href="/resources/video-audio/150504-momenta-v-amphastar" target="_self">Momenta v. Amphastar</a> (02:55) (Fed. Cir.): Successfully argued for a patentee that conduct was unprotected by the Hatch-Waxman Act safe harbor</li><li><a href="/resources/video-audio/120605-neurovision-medical-products-v-nuvasive" target="_self">Neurovision Medical Products v. NuVasive</a> (00:00) (9th Cir.): 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 a leading member of the firm’s Intellectual Property Litigation practice and has more than 35 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 (ITC), 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 (AIPLA), Mark was elected to their prestigious Fellows membership in 2019. He is a frequent speaker at the American Bar Association, AIPLA, the Practising Law Institute, the Minority Corporate Counsel Association, and at numerous CLE events all over the country.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. Drawing on this background, he currently leads the firm’s MoFoVets affinity network. Following his military service, he began his private practice legal career as a commercial litigator before concentrating on IP and technology litigation.

Mark Whitaker

Bita Rahebi is a nationally recognized trial lawyer sought after by the world’s most innovative technology companies to lead bet-the-company intellectual property disputes, including complex patent litigation. She is a member of the firm’s Semiconductor Industry Group and previously co-led the firm’s global IP Litigation Group and cross-disciplinary Intellectual Property Group.Bita is trusted for her ability to simplify complex technologies for judges and juries, a skill sharpened over 25 years of litigating patent, trade secret, copyright, and complex commercial disputes. She leads matters before federal and state trial courts, the Federal Circuit, and the U.S. International Trade Commission (ITC) across a wide range of technologies including semiconductors, software, consumer electronics, medical devices, and standard essential patents (SEPs).Her victories include complete wins as lead trial lawyer, the invalidation of multiple patents, and successful results for plaintiffs in high-stakes matters. Earlier in her career, Bita prosecuted cases at the Los Angeles City Attorney’s Office, securing guilty verdicts in every criminal jury trial she handled.Bita is a recognized leader in intellectual property litigation. Chambers USA highlights her work in technology-sector disputes, with clients describing her as “razor-sharp,” “client-focused,” and a litigator who “excels at trial and litigation strategy.” She has been named a Forbes Top 250 Lawyer and Top Women Lawyer, repeatedly recognized by the Daily Journal as a Top Intellectual Property Lawyer, honored as a Women Leader in Tech Law by The Recorder, and listed multiple times on IAM’s Strategy 300 and Patent 1000. She is also a fellow of the American Bar Foundation.Beyond her litigation practice, Bita advises technology clients on strategic transactional matters, including patent licensing and negotiations. She has also played an active role in the broader legal community. Bita is the past president of the Los Angeles Intellectual Property Law Association. She also served as a Ninth Circuit Judicial Conference Lawyer Representative. Bita serves as an editorial board member of The Intellectual Property Strategist.Bita earned her B.A. from the University of California, Berkeley, where 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.<h4>Representative Experience</h4><ul><li>Nevro Corp. v. Stimwave Technologies Inc. (District of Delaware). Represented Nevro Corp., a public global medical device company, in its patent battle against competitor Stimwave Technologies, Inc. Secured a preliminary injunction for Nevro, after an all-day evidentiary hearing. The case subsequently settled after Stimwave stipulated to a permanent injunction agreeing not to infringe the patents.</li><li>Lamar v. Beats, Dr. Dre, and Jimmy Iovine (LA Superior Court). Represented Defendants in a breach of written royalty agreement involving the design of Beats headphones.</li><li>Analog Devices v. Xilinx Inc. (District of Delaware). Represented Xilinx in a 16-patent case, including a counterclaim by Xilinx against ADI.</li><li>Farstone Technology, Inc. v. Apple Inc. (Central District of California). Represented Apple in a patent infringement suit against Farstone Technology Inc. Secured a victory for Apple and invalidated the asserted patent on Williamson grounds. The decision was affirmed by the Federal Circuit.</li><li>AirWatch, LLC v. Good Technology Corp. (Northern District of Georgia; District of Delaware). Represented AirWatch in patent infringement actions against Good and also defended AirWatch in a patent infringement action in D. Delaware.</li><li>Digital Empire v. Compal Electronics (Southern District of California). Lead counsel defending original design manufacturer and three of its subsidiaries in patent infringement action; successfully obtained order for fees and costs under 35 U.S.C. § 285 (exceptional case).</li><li>eTool Development, Inc. v. National Semiconductor Corporation (Eastern District of Texas). Represented Texas Instruments (formerly National Semiconductor) in a patent infringement lawsuit involving online configuration software. Prevailed on summary judgment on two separate non-infringement grounds. Successfully defeated motion for reconsideration.</li><li>Cypress Semiconductor v. Altera Corporation (Santa Clara Superior Court). Represented Altera Corporation in trade secrets litigation brought by Cypress Semiconductor concerning programmable logic devices. A favorable settlement was reached prior to trial.</li></ul>

Bita Rahebi

Vice Chair

Brian Nash serves as Practice Group Chair of Morrison Foerster’s global Intellectual Property Litigation Group, and Co-Chair of the firm’s cross-disciplinary Intellectual Property Group. With over 200 cases litigated in Texas alone, Brian brings a wealth of experience to high-stakes disputes in some of the nation’s most active intellectual property jurisdictions. His practice extends nationally, encompassing district courts, the PTAB, the ITC, and the U.S. Court of Appeals for the Federal Circuit. Brian has represented Fortune 50 clients in matters involving patents, trademarks, trade secrets, and copyrights.Brian’s recent work exemplifies his ability to deliver outstanding results for clients facing complex, high-value IP disputes. Among his notable achievements, he secured a complete summary judgment win in a case where the opposing party sought over $800 million in damages by attempting to capture royalties across an entire product ecosystem. In another matter, he obtained a highly favorable settlement in a 10-patent case, leveraging an aggressive early motion strategy to reach resolution. Brian has also advanced client interests as plaintiff’s counsel in a major competitor-v.-competitor case. He has delivered several dispositive wins that resolved major cases without any damages paid, further establishing his reputation as highly sought-after counsel for leading technology companies. Additionally, Brian recently won dismissal with prejudice in a case based on a motion to dismiss for patent invalidity under Section 101, underscoring his skill in legal writing and strategic advocacy.Brian’s technical acumen is grounded in his experience as a registered patent attorney and his engineering background. He is known for his ability to analyze and simplify complex technical issues, providing strategic counsel across a broad spectrum of technologies, including semiconductors, programmable logic devices, software, blockchain, e-commerce, digital media, video games, virtual reality, wireless standards, video streaming, aluminum alloy composition, container fabrication, hydrocarbon exploration, search marketing, geolocation, encryption, image processing, organic light-emitting diode (OLED) displays, and liquid crystal displays. Clients value his analytical approach and his capacity to translate intricate technical concepts into effective legal strategies.Widely recognized as a leader in the Texas intellectual property community, Brian has played a pivotal role in shaping the region’s legal landscape. He founded the Honorable Lee Yeakel IP Inn of Court—the first IP-focused Inn of Court in Texas—and currently serves as its president. His commitment to professional service is further demonstrated through his roles as a board member and past president of the Austin Chapter of the Federal Bar Association and as a past president of the Austin Intellectual Property Law Association.<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

Chair, IP Litigation Practice

Tim Chen Saulsbury is a partner in the Intellectual Property Litigation group, based in the San Francisco office.His exceptional track record has earned him consistent recognition from leading publications.  IAM Patent 1000 describes Tim as a “formidable lead trial attorney,” highlighting wins for Zoom and others.  The Daily Journal labeled him one of the “Top Intellectual Property Lawyers” in California, as well as one of California’s top 40 lawyers under the age of 40.  Bloomberg Law named Tim one of the top 40 lawyers in the country under 40, and Law360 named him one of the top 6 IP lawyers in the nation under 40.  Tim also was recognized by Benchmark Litigation (on its 40 & Under Hot List) and by The Legal 500 (for Copyright, Patent Licensing, Patent Litigation, and Trade Secrets).Tim’s recent wins include:<ul><li>In the 6-month period from March 2025 to August 2025 alone:</li><ul><li>On behalf of a leading American cybersecurity company, Tim argued and won summary judgment of noninfringement in a multi-patent case in which the patentee sought hundreds of millions in damages, earning recognition by the Daily Journal as one of the biggest defense wins of 2025.</li><li>On behalf of an eCommerce client, Tim argued and won another summary judgment of noninfringement that disposed of all three patents asserted by a competitor.</li><li>A complete non-infringement verdict on behalf of a leading videogame company in a patent infringement suit involving one of the most popular videogames of the past decade, earning “Legal Lion” honors from Law360 and recognition in The American Lawyer’s Litigator of the Week column.</li><li>A clean sweep plaintiff’s verdict in a Delaware patent infringement trial involving eCommerce marketing technology.</li></ul><li>As lead defense counsel in a hotly contested AI patent litigation, Tim secured an early, decisive victory when the Court granted a motion to dismiss and found all of the plaintiff’s claims patent-ineligible.  </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>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>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 matters.Tim serves on Morrison Foerster’s Board of Directors and previously co-chaired the firm’s Global Intellectual Property Litigation group. Prior to joining MoFo, Tim was a partner at a national trial boutique, where he served on the firm’s management committee.

Timothy Chen Saulsbury

Michael (Mike) Ward is co-chair of the firm's Life Sciences + Healthcare Group and Food + Agriculture Group.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.