Overview

Intellectual property lawyer Robert Oakes litigates patent disputes in federal courts, handles post-grant reviews, advises on patentability and licensing matters, and conducts freedom to operate and infringement analyses.

Bob represents businesses in a variety of technology areas in patent-related disputes and post-grant proceedings. He is experienced at every stage of litigation, from case assessment, strategy, and team leadership through document collection and production, discovery, expert witness selection and testimony, trials, and appeals. Experienced in both asserting and defending IP-related claims, Bob excels at strategizing and executing dispute resolution strategies that align with his client’s business goals and expectations, whether that’s aggressive litigation, settlement, or a business resolution. He considers the facts, circumstances, risks, concerns, and benefits in preparing cases, crafts cogent briefs, and delivers clear, logical, and effective oral arguments.

Experienced across a broad spectrum of technologies, including chemical compounds, mechanical devices, biotechnology, software, hardware, and more, Bob is particularly experienced in litigating patents in the life sciences sector, arguing cases involving life-changing drugs, medical devices, and biotech and diagnostic inventions. For example, he was a member of the Fish & Richardson team that prevailed for client Gilead in a case in which Merck claimed Gilead’s groundbreaking hepatitis C drugs Sovaldi® and Harvoni® infringed its patents and sought $2 billion in damages.

Bob’s work also includes patent counseling, advising on patent protection strategy, IP licensing deals, and patent due diligence. He provides patentability, infringement, and freedom to operate opinions for client companies, executives, engineers, and scientists, and conducts due diligence investigations and patent value and strength assessments for venture capitalists and private equity firms considering investing in the sector.

Clients appreciate Bob’s business-centered approach. Whether litigating a case or advising on a patent or business opportunity, Bob offers guidance based on both the client’s current situation and its long-term aspirations.

Before joining Fish, Bob earned a master’s in biology, was a biologist at the Louis Berger Group (2004-2005), and worked in the legal department of Johnson & Johnson (2006).