Interference

Group at a Glance

  • 6 members
  • Group members have represented clients in 28 interferences, including longest-running interference in U.S. history

What Matters to Our Clients

Strong Base of Experience

Interferences are rare enough that most patent attorneys end their careers without ever having handled a single one. But, when two independent parties each claim to have been the first to invent a particular technology or innovation, interference experience counts.

To date, our attorneys have counseled clients through 28 interferences: 19 in the biotechnology and pharmaceutical arena, four in the mechanical/medical device arena, three in the electronics arena, and two in the consumer electronics arena. We also hold the honor of successfully managing one of the longest running interferences in U.S. history, Cooper v. Goldfarb, which involved vascular graft technology.

Interferences are complex matters which can turn on procedural mis-steps. With the U.S. Patent and Trademark Office throwing periodic rule changes, as well as changes in their internal procedures, into the already complex mix, those caught unawares can be forced off track. Our clients benefit from our command of the procedures and tactics of interferences based upon our hands-on experience. While opposing counsel may be struggling to get up to speed, we are already developing the merits of our client’s case.

Strategic Counseling

Using our client’s business goals as the guiding principle, we have used interferences to prevent a competitor's patent from ever issuing, to eliminate a competitor's patent, to solve freedom to operate problems, and to help establish patent dominance in a particular area.

As a practical matter, an interference can be won or lost long before the interference is declared. We structure clients' claims in anticipation of potential interferences to avoid an interference altogether, to narrow an interference to safeguard important claims from attack in the interference, and always to provide the best opportunity to prevail should an interference be declared.

Not every case calls for a full-blown interference. With our experience comes the ability to recognize when settlement is the best alternative. Once declared, we develop creative settlement strategies, and craft effective agreements, often unique to interferences, that make sense for our client’s business and IP goals.

Areas of Expertise

We counsel clients in all areas of interferences, including:

  • Claim strategies to avoid, narrow or win an interference
  • Claim strategies to affect a competitors patent prosecution
  • Advice on proper invention record keeping to prove date of invention
  • Proper timing for considering interference issues
  • Provoking or avoiding interferences
  • Prosecuting interferences from declaration through final hearing
  • Settlement and licensing negotiations and agreements
  • Using U.S. Patent and Trademark Office procedures to clients’ advantage
  • Strategies for working with Interference Practice Specialists (IPS)
  • Appeals to the Court of Appeal for the Federal Circuit
  • Section 146 appeals to U.S. District Courts
View All Group Members

Newsstand
March 5, 2014 - Doug Wolf featured as the Entrepreneur.com expert for the month of March

October 21, 2013 - Twenty Wolf Greenfield Attorneys Selected to 2013 Massachusetts Super Lawyers List

October 18, 2013 - IP ALERT - European Patent Office Reverses Two-Year Deadline on Divisional Applications

October 17, 2013 - WOLF GREENFIELD SEMINAR: Strategically Building a Valuable Worldwide Patent Portfolio - Replay Now Available

August 15, 2013 - Ten Wolf Greenfield Attorneys Named to The Best Lawyers in America 2014 List

August 2013 - Rainmaker Q&A: Wolf Greenfield's Edward Gates

June 2013 - Wolf Greenfield Attorneys Named to IAM 1000 World’s Leading Patent Practitioners List

April 2013 - Wolf Greenfield Tops the Boston Business Journal’s List of Largest Area Intellectual Property Law Firms

April 10, 2013 - Rob Walat quoted in Mass High Tech

March 22, 2013 - Ed Walsh quoted on "first-inventor-to-file" changes

March 22, 2013 - Patrick Waller quoted on the "First-Inventor-to File" system

March 11, 2013 - Patrick Waller quoted in Law360 on first-to-file patent system

February 21, 2013 - Wolf Greenfield Attorney Recognized for Pro Bono Service by Women’s Bar Foundation

February 12, 2013 - Deadline approaches for patent protections

February 5, 2013 - Wolf Greenfield Named Elite Trademark Law Firm in World Trademark Report 1000

January 29, 2013 - Preparing for the “First Inventor to File” Transition

January 18, 2013 - Ed Walsh was quoted in a Law360 article on Patent Reform

October 22, 2012 - Fifteen Wolf Greenfield Lawyers Highlighted in 2012 Massachusetts Super Lawyers List

October 18, 2012 - WOLF GREENFIELD SEMINAR: What You Need to Know to Prepare for the "First Inventor to File" Transition - Replay Now Available

September 19, 2012 - Eleven Wolf Greenfield Attorneys Selected for 2013 Best Lawyers in America®

September 6, 2012 - Federal Circuit Establishes New Standard on Divided Infringement and Inducement

August 15, 2012 - Ed Walsh and Larry Green quoted in Law360 on the new AIA rule changes

July 27, 2012 - Chelsea Loughran quoted in Law360 on the new First-To-File rules

June 2012 - Wolf Greenfield Named to IAM 1000 World’s Leading Patent Practitioners List

June 2012 - GBLS Recognizes Wolf Greenfield with 2012 Associates Drive Award

In re Google, Inc. (decided 2/6/12) - Substance of Emails Determines Attorney-Client Privilege Protection

December 2011 - Neil Ferraro Named 2012 Boston Patent Law Association President

January 3, 2012 - Wolf Greenfield Welcomes 2012 Promoting Seven Lawyers to New Positions

November 2011 - America Invents Act: The Implications of Patent Reform

October 12, 2011 - Wolf Greenfield Sponsored MIT Forum Event on October 12

September 9, 2011 - IP ALERT—Senate Endorses The Long-Awaited Patent Reform

February 17, 2011 - WOLF GREENFIELD SEMINAR: Managing IP Risks: The Importance of Obtaining Freedom to Operate Guidance - presentation now available

January 1, 2011 - Wolf Greenfield filed 2,749 patent applications and 688 trademark applications in 2010.

December 2010 - Wolf Greenfield was ranked #1 in number of patents filed and number of patent attorneys in Mass High Tech’s annual survey

August 22, 2010 - Hunter Baker, Ed Gates and Chelsea Loughran presented at the American Chemical Society’s Fall National Meeting

July 7, 2010 - A Wolf Greenfield Webinar: Forecasting the Future of Method Patents Post-Bilski — archived replay of webinar now available

June 28, 2010 - CLIENT ALERT— Supreme Court Leaves Door Open to Business Method Patents

June 17, 2010 - WOLF GREENFIELD SEMINAR: Strategically Building and Monetizing a Patent Portfolio - replay now available

February 7, 2008 - An Entrepreneur's Guide to the Intellectual Property Galaxy

October 18, 2006 - Wolf Greenfield Webinar – "Digging Deep into Patent Interferences: What Every Counsel Needs to Know"

Q&A Booklet - Q&A on Patents

Q&A Booklet - Q&A on Intellectual Property Litigation