Brian Fairchild, a partner in the firm’s Business Law Department, counsels companies and investors on the evaluation and development of patent portfolios. Dr. Fairchild works primarily in the life sciences, with a focus on protein pharmaceuticals and antibody technologies; protein synthesis and formulation; nucleic acid sequencing, detection, synthesis, and therapies; protein-and nucleic acid-based diagnostic technologies; pharmacogenomics; cell and tissue preservation and storage; antimicrobial coatings; and medical devices.
WORK FOR CLIENTS
Dr. Fairchild develops U.S. and foreign patent protection for clients. He also assesses and repositions companies’ existing patent portfolios to maintain their relevance in a changing competitive landscape. In addition, Dr. Fairchild conducts intellectual property due diligence investigations on behalf of companies and investors anticipating acquisitions, investments in privately held companies or public offerings. He evaluates the enforceable scope of patent protection held by third parties, analyzes patent infringement and validity issues and provides strategies for risk reduction, including patent reexamination, interference and opposition proceedings in appropriate jurisdictions.
Dr. Fairchild has developed and managed U.S. and foreign patent portfolios for publicly and privately held companies, universities and research centers, obtaining patents for FDA-approved diagnostics and biopharmaceuticals and a variety of other products in the biotechnology and medical device areas. He has conducted due diligence investigations for public offerings in the pharmaceutical and biopharmaceutical space and for companies and venture capitalists engaging in private financing.
Dr. Fairchild has advised companies, investors, and research centers regarding third-party patent rights, mergers and acquisitions, venture financing, licenses, collaboration agreements, consulting agreements, material transfer agreements and other transactions involving intellectual property. He has also represented a publicly traded company in major patent infringement action from pre-filing investigation through discovery and favorable settlement.
PROFESSIONAL ACTIVITIES
Dr. Fairchild is a member of the American Intellectual Property Law Association.
MEDIA
In 2007, Dr. Fairchild spoke at a meeting of the American Intellectual Property Law Association and authored an associated paper entitled “Choosing Your Words Carefully In Patent Prosecution: Navigating a Genus Claim Through the Modern Written Description Requirement.” He also co-authored “Tough Road for Biotech Patent Prosecution: Strategic Planning Essential Under Amended USPTO Rules for Continuations and Claims,” an article appearing in the November 1, 2007 edition of Genetic Engineering & Biotechnology News.
Dr. Fairchild has also co-authored scientific publications relating to mammalian transcription factors involved in cell cycle control and cancer.
PROFESSIONAL EXPERIENCE
Prior to joining Goodwin Procter in 2007, Dr. Fairchild worked for six years as an associate and technology specialist at Testa, Hurwitz & Thibeault, LLP, and for more than two years as an associate in the Boston office of Kirkpatrick & Lockhart Preston Gates Ellis, LLP.
BAR AND COURT ADMISSIONS
Dr. Fairchild is admitted to practice in Massachusetts and before the U.S. Patent and Trademark Office.