Marie McKiernan focuses her practice on patent, trademark, trade secret and copyright litigation, as well as post-grant proceedings.

Marie represents clients at all stages of litigation on intellectual property issues spanning a wide range of technologies, such as semiconductors, entertainment systems and software, streaming technology, personal computing devices and software, helmets, consumer health products, and geolocation devices.

Marie has experience litigating in multiple jurisdictions, including the Central District of California, the Northern District of California, the Southern District of California, the District of Colorado, the District of Delaware, the Northern District of Illinois, the District of Massachusetts and the Western District of Texas.

In addition to her litigation practice, Marie actively participates in firm pro bono projects. She also frequently writes about timely litigation topics.

During law school, Marie participated in a co-op internship program, interning at the First Circuit Court of Appeals for the Honorable Norman H. Stahl and the US Food and Drug Administration’s Office of Chief Counsel. While completing her Masters at Tufts University, Marie did research for the Tufts Center for the Study of Drug Development, analyzing the development of personalized medicines.

After graduating from the dual-degree program, Marie interned with Wolf Greenfield for four months prior to beginning a judicial clerkship for the Honorable Mary Thomas Sullivan of the Massachusetts Appeals Court. Prior to joining the firm, Marie was an associate at a Boston-based litigation and insurance law firm.

  • Directly responsible for the preparation and presentation of trade secret misappropriation defenses, handling the direct examination of an important technical expert for a complex trade secret case concerning technology involving high speed wireless communications. Ultimately, the jury’s misappropriation verdict was favorable to the client, successfully mitigating claimed damages in the hundreds of millions to a one-dollar award.
  • Recognized on the inaugural Best Lawyers: Ones to Watch list by The Best Lawyers in America©
  • Repeatedly named to the list of Massachusetts Rising Stars by Super Lawyers

IP Alerts

January 20, 2021

IP Litigation Timing Considerations in Light of COVID-19

Articles

August 5, 2020

COVID Prompts Compromise: Jury Trial Set to Proceed In-Person Partially

August 5, 2020

One Size Does Not Fit All: Courts Exercise Discretion in Addressing the Need for Remote Depositions in the Wake of COVID-19

July 3, 2020

Impact and 'Unintended Benefits' of the Federal Circuit's Suspension of In-Person Oral Arguments

June 1, 2020

Must the Show Go On?: Some Judges Press Forward Scheduling Remote Patent Bench Trials

May 29, 2020

The Impact of Foreign-Based Witnesses on COVID-Related Requests for Extensions

April 20, 2020

Hearings in the Time of COVID-19: Effective Representation While Remote

August 15, 2018

Big Changes Come to Post-Grant Trials: Claim Construction Standards and SAS

March 12, 2018

How PTAB Is Defining Printed Publication

Blogs

March 16, 2021

2020 Year in Review: Patent Decisions Impacting the Life Sciences

February 5, 2021

Expert Declarations in Inter Partes Review Proceedings Must Do More Than Create Noise:  PTAB Silences Challenge to Patented Method for Cleaning “Noisy” Genetic Data

July 24, 2020

Harmony Brings Discord:  Federal Circuit Affirms Finding that Ariosa Diagnostics’ Harmony® Pre-Natal Test Infringes Illumina and Verinata Health Patents

June 8, 2020

COVID-19 Changes How Some Courts Consider Motions to Stay Pending IPR

December 6, 2017

PTAB Continues to Draw a Hard Line on Printed Publications



Scientific Publications

Milne, C., Bryan, C., Garafalo, S. and McKiernan, M. Complementary versus companion diagnostics: apples and oranges? Biomarkers in Medicine. 2015; 9 (1): 25-34.

Milne, C., Garafalo, S., Bryan, C., and McKiernan, M. Personalized medicines in late-stage development. Nature Reviews: Drug Discovery. 2014 May; 13: 324-325.

Fine, D.H., Sreenivasan, P.K., McKiernan, M., Tischio-Bereski, D., and Furgang, D. Whole mouth antimicrobial effects after oral hygiene: a comparison of three dentifrice formulations. Journal of Clinical Periodontology. 2012 November; 39(11): 1056-64.

Fine, D. H., Furgang, D., McKiernan, M., Tischio-Bereski, D., Ricci-Nittel, D., Zhang, P. and Araujo, M. W. B. An investigation of the effect of an essential oil mouthrinse on induced bacteremia: a pilot study. Journal of Clinical Periodontology. 2010 September; 37 (9): 840–847.

Sreenivasan, P., Furgang, D., McKiernan, M., Markowitz, K., Tischio-Bereski, D., DeVizio, W., and Fine, D.H. Clinical Anti-Microbial Efficacy of a New Zinc Citrate Dentifrice. Clinical Oral Investigations. 2009 June; 13 (2): 195-202.

Fine, D.H., Markowitz, K., Furgang, D., Fairlie, K., Ferrandiz, J., Nasri, C., McKiernan, M. and Gunsolley, J. MIP 1 ∝: A Salivary Bio-Marker of Bone Loss in a Longitudinal Cohort Study of Children at Risk for Aggressive Periodontal Disease? Journal of Periodontology. 2009 Jan; 80 (1): 106-113.

Fine D.H., Markowitz, K., Furgang, D., Fairlie, K., Ferrandiz, J., Nasri, C., McKiernan, M. and Gunsolley, J. Aggregatibacter actinomycetemcomitans and Its Relationship to Initiation of Localized Aggressive Periodontitis: Longitudinal Cohort Study of Initially Healthy Adolescents. Journal of Clinical Microbiology, 2007 Dec; 45 (12): 3859-3869.


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Marie McKiernan focuses her practice on patent, trademark, trade secret and copyright litigation, as well as post-grant proceedings.

Marie represents clients at all stages of litigation on intellectual property issues spanning a wide range of technologies, such as semiconductors, entertainment systems and software, streaming technology, personal computing devices and software, helmets, consumer health products, and geolocation devices.

Marie has experience litigating in multiple jurisdictions, including the Central District of California, the Northern District of California, the Southern District of California, the District of Colorado, the District of Delaware, the Northern District of Illinois, the District of Massachusetts and the Western District of Texas.

In addition to her litigation practice, Marie actively participates in firm pro bono projects. She also frequently writes about timely litigation topics.

During law school, Marie participated in a co-op internship program, interning at the First Circuit Court of Appeals for the Honorable Norman H. Stahl and the US Food and Drug Administration’s Office of Chief Counsel. While completing her Masters at Tufts University, Marie did research for the Tufts Center for the Study of Drug Development, analyzing the development of personalized medicines.

After graduating from the dual-degree program, Marie interned with Wolf Greenfield for four months prior to beginning a judicial clerkship for the Honorable Mary Thomas Sullivan of the Massachusetts Appeals Court. Prior to joining the firm, Marie was an associate at a Boston-based litigation and insurance law firm.

  • Directly responsible for the preparation and presentation of trade secret misappropriation defenses, handling the direct examination of an important technical expert for a complex trade secret case concerning technology involving high speed wireless communications. Ultimately, the jury’s misappropriation verdict was favorable to the client, successfully mitigating claimed damages in the hundreds of millions to a one-dollar award.
  • Recognized on the inaugural Best Lawyers: Ones to Watch list by The Best Lawyers in America©
  • Repeatedly named to the list of Massachusetts Rising Stars by Super Lawyers

Scientific Publications

Milne, C., Bryan, C., Garafalo, S. and McKiernan, M. Complementary versus companion diagnostics: apples and oranges? Biomarkers in Medicine. 2015; 9 (1): 25-34.

Milne, C., Garafalo, S., Bryan, C., and McKiernan, M. Personalized medicines in late-stage development. Nature Reviews: Drug Discovery. 2014 May; 13: 324-325.

Fine, D.H., Sreenivasan, P.K., McKiernan, M., Tischio-Bereski, D., and Furgang, D. Whole mouth antimicrobial effects after oral hygiene: a comparison of three dentifrice formulations. Journal of Clinical Periodontology. 2012 November; 39(11): 1056-64.

Fine, D. H., Furgang, D., McKiernan, M., Tischio-Bereski, D., Ricci-Nittel, D., Zhang, P. and Araujo, M. W. B. An investigation of the effect of an essential oil mouthrinse on induced bacteremia: a pilot study. Journal of Clinical Periodontology. 2010 September; 37 (9): 840–847.

Sreenivasan, P., Furgang, D., McKiernan, M., Markowitz, K., Tischio-Bereski, D., DeVizio, W., and Fine, D.H. Clinical Anti-Microbial Efficacy of a New Zinc Citrate Dentifrice. Clinical Oral Investigations. 2009 June; 13 (2): 195-202.

Fine, D.H., Markowitz, K., Furgang, D., Fairlie, K., Ferrandiz, J., Nasri, C., McKiernan, M. and Gunsolley, J. MIP 1 ∝: A Salivary Bio-Marker of Bone Loss in a Longitudinal Cohort Study of Children at Risk for Aggressive Periodontal Disease? Journal of Periodontology. 2009 Jan; 80 (1): 106-113.

Fine D.H., Markowitz, K., Furgang, D., Fairlie, K., Ferrandiz, J., Nasri, C., McKiernan, M. and Gunsolley, J. Aggregatibacter actinomycetemcomitans and Its Relationship to Initiation of Localized Aggressive Periodontitis: Longitudinal Cohort Study of Initially Healthy Adolescents. Journal of Clinical Microbiology, 2007 Dec; 45 (12): 3859-3869.

IP Alerts

January 20, 2021

IP Litigation Timing Considerations in Light of COVID-19

Articles

August 5, 2020

COVID Prompts Compromise: Jury Trial Set to Proceed In-Person Partially

August 5, 2020

One Size Does Not Fit All: Courts Exercise Discretion in Addressing the Need for Remote Depositions in the Wake of COVID-19

July 3, 2020

Impact and 'Unintended Benefits' of the Federal Circuit's Suspension of In-Person Oral Arguments

June 1, 2020

Must the Show Go On?: Some Judges Press Forward Scheduling Remote Patent Bench Trials

May 29, 2020

The Impact of Foreign-Based Witnesses on COVID-Related Requests for Extensions

April 20, 2020

Hearings in the Time of COVID-19: Effective Representation While Remote

August 15, 2018

Big Changes Come to Post-Grant Trials: Claim Construction Standards and SAS

March 12, 2018

How PTAB Is Defining Printed Publication

Blogs

March 16, 2021

2020 Year in Review: Patent Decisions Impacting the Life Sciences

February 5, 2021

Expert Declarations in Inter Partes Review Proceedings Must Do More Than Create Noise:  PTAB Silences Challenge to Patented Method for Cleaning “Noisy” Genetic Data

July 24, 2020

Harmony Brings Discord:  Federal Circuit Affirms Finding that Ariosa Diagnostics’ Harmony® Pre-Natal Test Infringes Illumina and Verinata Health Patents

June 8, 2020

COVID-19 Changes How Some Courts Consider Motions to Stay Pending IPR

December 6, 2017

PTAB Continues to Draw a Hard Line on Printed Publications