Will Freeman is an experienced patent litigator who focuses on cases involving medical device and imaging technology patents. He represents many of the world’s leading technology companies in Section 337 investigations at the U.S. International Trade Commission (ITC) and in patent cases in U.S. district courts. Candid and to-the-point, Will takes a proactive approach to case management, working closely with clients to communicate issues clearly and resolve them early.
Will’s recent successes include a victory in a high-stakes five-patent ITC investigation for a leading medical device company. To achieve that victory, Will helped design and execute a multi-faceted defense strategy using aggressive arguments at the ITC and parallel challenges to the asserted patents in inter partes review proceedings before the Patent Trial and Appeal Board. In other significant matters, Will has achieved victories at trial, at ITC hearings, and with favorable settlements designed to meet his clients’ business needs.
Will is active in the American Intellectual Property Law Association, currently serving as the Chair of the AIPLA’s New Lawyers Committee. From 2017–2021 he organized and led one of the AIPLA’s flagship programs, the Giles S. Rich Memorial Moot Court Competition.
In his pro bono practice, Will is working with the Office of the Federal Public Defender, Eastern District of Arkansas, to represent death row inmates in a dispute over the state’s method of execution. He has also represented clients in immigration court and has helped non-violent drug offenders in federal prison seek clemency through former President Obama’s clemency initiative.
Prior to joining Fish, Will was a judicial intern for the Honorable John Bryant of the U.S. District Court for the Middle District of Tennessee, an intern for U.S. Representative Jim Cooper (Tennessee), and an intern at the Nashville Entrepreneur Center. An avid water skier, Will was captain and team president of the University of North Carolina Water Ski and Wakeboard Team and was the 2010 director of USA Waterski’s South Atlantic Conference.
- “A Conversation on Medical Innovation,” Vanderbilt Intellectual Property Association and Vanderbilt Medical Innovation Lab (March 2018)
- “Enforcement of Surgical Methods/Techniques,” Boston Patent Law Association (January 2018)
U.S. District Court Cases
Secured an early settlement on behalf of electronic payment processor in patent infringement case relating to coupon aggregation technology, in the Western District of Texas.
Bose Corp. v. Goldstein, No. 1:19-cv-11701-ADB (D. Mass) – secured a permanent injunction for Bose in this trade secret misappropriation case.
Plastipak Packaging, Inc. v. Niagara Bottling, LLC, No. 1:17-cv-01463 (E.D. Va.) – managed the claim construction process for plaintiff Plastipak in this patent infringement lawsuit relating to plastic bottles.
DataTern, Inc. v. MicroStrategy Inc. et al., C.A. Nos. 11-11970, 11-12220, (D. Mass.) – secured an exceptional case finding and award of attorneys’ fees under 35 U.S.C. § 285, after obtaining a pre-trial dismissal with prejudice on behalf of defendant MicroStrategy.
MSC.Software Corporation v. Altair Engineering, Inc. et al., No. 2:07-cv-12807 (E.D. Mich.) – represented defendant Altair during damages expert discovery in this long-running trade secret misappropriation lawsuit.
Smith & Nephew, Inc. and John O. Hayhurst, M.D. v. Arthrex, Inc., C.A. No. 3:08-cv-00714-MO (D. Or.) – secured a settlement shortly before trial on behalf of Smith & Nephew in a long-running patent infringement lawsuit related to arthroscopic shoulder surgery.
The Johns Hopkins University v. Alcon Laboratories, Inc. and Alcon Research, Ltd., C.A. No. 15-525-SLR (D. Del.) – secured a settlement shortly before trial on behalf of plaintiff Johns Hopkins University in a patent infringement lawsuit related to fundamental aspects of modern vitreoretinal surgery.
EveryScape, Inc. v. Adobe Systems, Inc., C.A. No. 10-11597-RGS (D. Mass.) – obtained a jury verdict of invalidity under 35 USC 102 (anticipation) and 35 USC 103 (obviousness) on behalf of Adobe in this patent infringement lawsuit involving photo editing technology.
International Trade Commission Section 337 Investigations
Certain Semiconductor Devices, Wireless Infrastructure Equipment Containing the Same, and Components Thereof, 337-TA-1254 – represented Samsung in ITC investigation related to 5G cellular technology.
Certain Video Processing Devices, Components Thereof, and Digital Smart Televisions Containing the Same, Inv. No. 337-TA-1222 – represented Samsung in multi-Respondent ITC investigation related to adaptive bitrate streaming and digital rights management technology.
Certain Laparoscopic Surgical Staplers, Reload Cartridges, and Components Thereof, Inv. No. 337-TA-1167 – represented respondent Intuitive Surgical in this five-patent ITC investigation.
Certain Semiconductor Lithography Systems and Components Thereof, Inv. No. 337-TA-1137 – technical lead for one of three asserted patents; case settled favorably before the evidentiary hearing.
Certain Digital Cameras, Software, and Components Thereof, Inv. No. 337-TA-1059 – technical lead for one of five asserted patents; case settled favorably after favorable initial determination.
- AIPLA Project Award Winner (2020)
J.D., Vanderbilt University Law School (2014) Member, Vanderbilt Journal of Transnational Law
B.S. with highest distinction, Phi Beta Kappa, Business Administration and Political Science, University of North Carolina at Chapel Hill (2011)
- Massachusetts 2014
- District of Columbia 2020
- U.S. District Court for the District of Massachusetts 2015
- U.S. Court of Federal Claims 2019
- U.S. Court of Appeals for the Federal Circuit 2019
- U.S. Court of Appeals for the Eighth Circuit 2021
- U.S. Court of International Trade 2022
American Intellectual Property Law Association
• Chair, New Lawyers Committee (2021 – Present)
• Vice-Chair, New Lawyers Committee (2019 – 2021)
• National Operations Director, Giles S. Rich Memorial Moot Court Competition (2019 – Present)
• National Writing Director, Giles S. Rich Memorial Moot Court Competition (2017 – 2019)
Giles S. Rich American Inn of Court
International Trade Commission Trial Lawyers Association
June 16, 2022
26 Fish & Richardson Attorneys Named to the 2021 Capital Pro Bono Honor Roll
January 5, 2022
Fish & Richardson Elevates 17 Attorneys to Principal
April 7, 2021
Thirty Fish Attorneys Named to 2020 Capital Pro Bono Honor Roll
February 22, 2021
Fish & Richardson and ACLU of Massachusetts Win Pro Bono Lawsuit for Asylum-Seekers Challenging “Return to Mexico” Policy
June 1, 2018
Legal Alert: New Local Patent Rule in District of Massachusetts
Authors: Adam Kessel, Will Freeman, Steven R. Katz
January 31st, 2018 | 5:30 pm EST
BPLA Panel | Enforcement of Surgical Methods/Techniques