Lawrence P. Cogswell III, Ph.D.

Principal

Management Committee

Boston, MA Office

t. 617.607.5907
Lawrence.Cogswell@hbsr.com

Larry has over 17 years of experience advising clients, including multinational companies, startups, academic institutions, and public and private companies, on diverse legal needs, including intellectual property litigation, diligence, licensing, agreements, and patent prosecution.

Elected a Fellow of the American Bar Foundation and a Fellow of the Litigation Counsel of America, he provides clients with strategic legal guidance in support of business goals, including by interfacing with C-Suite executives and serving as external General Counsel.

Larry is a former judicial clerk to the United States Court of Appeals for the Federal Circuit and a Yale Law School graduate. He is also a former Ph.D. scientist with a diverse technical and scientific background, earning degrees in chemistry and biophysics from Harvard University.

As an IP litigator, Larry represents clients in patent, copyright, trademark, and trade secret cases. Clients rely on Larry’s integrated understanding of the legal and technical aspects of the case, which enables a thorough vetting of the issues, cost-effective analysis, and delivery of solid, practical advice. Over the years, Larry has handled many complex, high-stakes patent disputes. In some of these cases, the parties have asserted numerous patents against each other or started parallel proceedings in other courts or administrative agencies, e.g., ex parte reexaminations or Inter Partes Review (“IPR”) proceedings at the United States Patent and Trademark Office (“USPTO”). Larry frequently appears before the federal district courts, the Court of Appeals for the Federal Circuit, and the Patent Trial and Appeals Board (PTAB), a specialized tribunal within the USPTO that handles Inter Partes Reviews (“IPRs”), Post Grant Reviews (“PGRs”) and Covered Business Method proceedings (“CBMs”). Larry’s practice also includes Section 337 Proceedings before the United States International Trade Commission (ITC) and trademark oppositions before the Trademark Trial and Appeal Board (TTAB).

Larry counsels clients across a range of technologies, including pharmaceuticals (ANDA applicants and patent owners in Hatch-Waxman litigation), electronics and telecommunications, small molecule chemistry, biologics, biotechnology, software, antibodies, integrated circuits, clean energy, battery and energy storage technologies, light-emitting diodes, global positioning systems, medical devices, biosensors, banking systems, automotive technologies, contact lenses, and mechanical devices. Larry also handles IP due diligence for financial and operating companies that are considering transactions involving IP assets relating to these areas.

Experience

Representative Litigation Matters in the United States District Courts, United States Court of Appeals for the Federal Circuit, and the Patent Trial and Appeal Board:

Represented two major companies in patent litigation relating to light-emitting diodes (LEDs).
Represented patentee of major dermatologic drug in ANDA litigation.
Defended a large telecommunications company at the Patent Trial and Appeal Board in a series of Inter Partes Review (“IPR”) proceedings.
Represented a major hospital in ANDA (Hatch-Waxman) litigation relating to its novel anticancer drug, successfully settling before trial.
Successfully settled claims of patent infringement against an electronics manufacturer
Successfully settled claims against a major pharmaceutical company stemming from a failed business collaboration.
Successfully represented a major integrated circuit manufacturer in patent litigation against its chief rival.
Represented a medical device manufacturer in both offensive and defensive patent litigations against a major rival.
Represented a major medical device manufacturer at the Patent Trial and Appeal Board in Inter Partes Review (“IPR”) proceedings.
Defended a major communications company against a patent infringement action brought by a nonpracticing entity.
Defended the same communications company in a separate infringement action brought by a different nonpracticing entity on different patents.
Defended a major internet services company in a suit brought by a nonpracticing entity, favorably settling before trial.
Represented multiple clients in enforcing federally registered trademarks against infringement by competitors
Represented large company in registering and enforcing copyright in software.
Represented clients in multiple appeals to the Federal Circuit across a range of technologies, including contact lens chemistry, pharmaceutical technology, automobile user interfaces, and banking systems.
Represented holder of Orange Book patent in 505(b)(2) challenge to patent.
Represented owner of patent in action against licensee for failure to abide by license.

Representative Patent Prosecution Matters:

Represented a digital health company in evaluating and expanding its patent portfolio
Represented a major drug company in ex parte reexamination of patent on a blockbuster therapeutic
Oversaw portfolio of biotechnology applications for university client
Prosecuted applications directed to medical diagnostics for a major university
Oversaw prosecution of a portfolio of applications for a major wearables company
Prosecuted portfolios of software applications related to various applications of big data
Prosecuted applications directed to antibody technology and therapeutics

Representative Strategic Counseling Matters:

Counseled clients on understanding and managing IP-related risk in business transactions
Conducted IP due diligence for mergers and acquisitions (M&A)
Counseled numerous companies on freedom to operate and patentability matters across a number of technology sectors, including digital health, pharmaceuticals, antibodies, software, networked technology, and chemical subject matter
Advised a major pharmaceutical company on how to minimize risk in its collaboration with an outside manufacturer.
Counseled a major research hospital on a strategy for minimizing potential risks involved in licensing a portfolio of novel drugs.
Counseled clients on exploiting the value of their patents through licensing or enforcement
Advised a major electronic goods manufacturer on enforcement and pre-litigation strategy relating to its multi-billion dollar patent portfolio.
Provided competitive assessments of IP portfolios for clients interested in strategic growth and positioning of their businesses
Counseled clients on the importance of trademark, copyright, and trade secret protection as valuable adjuncts to an overall plan for IP protection
Advised an international consumer goods manufacturer on the protection of its internationally recognized trademark in the U.S. marketplace.
Advised a major electronics manufacturer on copyright and trade secret strategy

Credentials

Bar Admissions

U.S. Court of Appeals for the Federal Circuit
U.S. Court of Appeals for the First Circuit
U.S. District Court, District of Massachusetts
U.S. Patent and Trademark Office
District of Columbia
Massachusetts

Education

B.S. in Chemistry, summa cum laude, Duke University, 1994
Angier B. Duke Memorial Scholarship
A.M. in Chemistry, Harvard University, 1997
National Science Foundation Pre-doctoral Fellowship
Ph.D. in Biophysics, Harvard University, 2002
J.D., Yale Law School, 2005
Editor-in-Chief, Yale Journal of Law and Technology

Practice Areas

Agreements
Copyrights
Counseling
IP Audits
IP Diligence
IP Litigation
Licensing
Open Source Software Counseling
Patents
Post-Grant Proceedings
Trade Secrets
Trademarks

Technologies

Bioinformatics
Biologics & Immunotherapies
Biotechnology & Life Sciences
Chemical Engineering
Chemistry
Clean Technology
Computer Hardware
Computer Software
Energy Storage
Materials Science
Medical Devices
Pharmaceuticals

Recognitions

Certifications

Black Duck Certified Open Source Legal Professional

Publications

The Federal Circuit and the Supreme Court, 55 Am. U. L. Rev. 821 (2006). Co-authored with The Honorable Arthur J. Gajarsa, U.S. Court of Appeals for the Federal Circuit. [This article was named one of 2006’s best intellectual property articles by Intellectual Property Law Review (Thomson West), and reprinted therein in 2007.]
Understanding and Addressing the Unfair Dilemma Created by the Doctrine of Willful Patent Infringement, 41 Houston L. Rev. 393 (2004). Co-authored with William F. Lee.
[This article was cited by the U.S. Court of Appeals for the Federal Circuit in In re EchoStar, 448 F.3d 1294 (Fed. Cir. 2006).]

Speaking Engagements

"Open Source Software (OSS) Risks in M&A," Speaker, Boston Bar Association Webinar, October 2, 2024
"Protect Your Innovation: Practical Tools for Developing, Enforcing, and Licensing Your Patent Portfolio and How to Effectively Use Litigation Finance," The Knowledge Group Webinar, June 11, 2024
“Protecting Innovation and Unleashing Market Opportunities: Best Practices and Strategic Insights for Validity and Scope Analyses,” ACI’s 6th Annual Summit on Life Sciences IP Due Diligence Conference, November 28, 2023, Boston, MA
"Strategic Patent Protection for Medical Innovation," Medical Development Group Forum, October 20, 2022
"Pitfalls of U.S. Patent Filings and Litigation," June 28, 2019
"Digging Into Digital Health Deal Diligence," Due Diligence for Life Sciences M&A, Partnerships and Divestitures, Philadelphia Pennsylvania, December 1, 2017
“Post-Grant Review - An Increasingly Important Tool for Challenging Competitors’ Patents,” Hamilton Brook Smith Reynolds Webcast, November 9, 2016
“Understanding Major Differences for Digital Health M&A Deals and Strategic Alliances,” 2nd Annual Life Sciences Summit on M&A and Strategic Alliances, Cambridge, MA, October 26, 2016
“Stop IP Theft: Minimizing Risk and Maximizing Value,” MassChallenge Lecture, Boston, MA, July 27, 2016
“Litigating Life Sciences at the PTAB,” Boston Bar Association Lecture, Boston, MA, November 16, 2015
"Protecting Innovation - Best Practices,” Hamilton Brook Smith Reynolds / Ogletree, Deakins, Nash, Smoak & Stewart Lecture, Waltham, MA, November 5, 2015
"Recent Developments in Inter Partes Reviews (IPRs)," Hamilton Brook Smith Reynolds Webcast, May 28, 2015

Professional Associations

Litigation Counsel of America - Member, Trial Law Institute
Litigation Counsel of America - Member, Diversity Law Institute
Boston Intellectual Property Law Association (BIPLA)
- Co-Chair of the Contested Matters Committee