Mark FitzGerald concentrates his practice on intellectual property and patent law, representing industry and academic/nonprofit institution clients from the U.S. and abroad for the strategic development of patent portfolios, analyses of freedom to operate, patent validity and infringement and associated opinion preparation, transactional due diligence and associated client counseling.
A major focus of my work relates to the biotechnology patent arena, working with clients to secure meaningful patent protection for their own technology as well as assisting them in charting a course through the patent protection shoals of their competitors.
Representative areas of technical experience include:
In addition to strategic patent portfolio development, I also work with clients to evaluate the patent landscape regarding their technology, and the strengths and weaknesses of their competitors’ patent positions, consulting on design-around options as well as providing reasoned opinions regarding patent invalidity and non-infringement where necessary.
I’m focusing on the ways that patent strategy relating to biomolecules will shift to a more application-oriented approach that will be shaped by the ongoing tension between the Federal Circuit and the Supreme Court regarding patent-eligible subject matter.
Boston Intellectual Property partner Mark FitzGerald and patent specialist Alissa Young, co-leaders of the IPPG Microbiome team, contributed this article discussing recent FDA approvals of microbiome-based therapies and an anticipated increase in patent enforcement litigation that could follow.
U.S. Patent and Trademark Office
Suffolk University Law School, J.D., cum laude
Brown University, Ph.D.
Worcester Polytechnic Institute, B.S., with high distinction
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