Mark J. FitzGerald, Ph.D.

In the news

• Microbiome Times

  Ferring v Finch: Ripples from the decision

  Boston Intellectual Property partner Mark FitzGerald co-authored this article with Craig Thomson of HGF Limited, discussing the impact of a jury verdict which found that Ferring Pharmaceuticals infringed on patent claims of Finch Therapeutics Group, awarding $25 million in damages and future royalties to Finch. Mark and Craig discuss how these court proceedings will likely have relevance to a large number of businesses in the therapeutic microbiome field.

  Aug 14, 2024
• Law360

  A Watershed moment for microbiome-based therapy

  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.

  May 31, 2023
• The AmLaw Litigation Daily

  Litigator of the Week shout outs and runners-up

  This article recognizes the full NP team that secured a major damages win on behalf of Takeda subsidiary Millennium Pharmaceuticals. Litigation Department vice chair and partner Ethan Trull and partner John Ruskusky, both of the Complex Commercial Disputes group in Chicago, led the damages trial team. The NP team also included partner Lisa Sullivan, associate Katie Burnett, e-discovery specialist Anders van Marter, and paralegal Donna Long, all of the Complex Commercial Disputes group in Chicago. In addition, Intellectual Property partner Mark FitzGerald and Complex Commercial Disputes associate Tarae Howell, both of the Boston office, played integral roles in the initial fraud win for Millennium in 2020.
  May 7, 2021
• STAT Reports

  Good bacteria: The microbiome, its vast therapeutic potential, and the challenges ahead

  This long-form report examining the science behind the nascent microbiome industry quotes Boston Intellectual Property partner Mark FitzGerald on patents in this area as the field begins to mature.
  April 26, 2021
• Law360

  Chancery awards biopharm company $38M for fraud-tainted deal

  This article, covering the Delaware Chancery Court’ s $38.2 million damages judgment in favor of Takeda subsidiary Millennium Pharmaceuticals for its fraud claim against Harpoon Therapeutics, mentions Chicago Complex Commercial Disputes partners Ethan Trull, John Ruskusky and Lisa Sullivan; associate Katie Burnett; senior e-discovery specialist Anders van Marter; and paralegal Donna Long for representing Millennium. Intellectual Property partner Mark FitzGerald, Complex Commercial Disputes associate Tarae Howell, and Intellectual Property patent specialist Angela Hafner, all in Boston, have also played integral roles in the matter.
  April 23, 2021
• Nature Biotechnology

  Microbiome therapeutics and patent protection

  Boston Intellectual Property partner Mark FitzGerald co-authored this journal article on microbiome therapeutics, and how two U.S. Supreme Court decisions have redefined the scope of which natural phenomena—including microbiome therapeutics—are patent eligible.
  July 8, 2020
• Intellectual Property & Technology Law Journal

  Gut Check: Microbiome Patent Update

  Intellectual Property partner Mark FitzGerald in Boston and associate Matt Kitces in Washington, D.C. contributed this article examining the post-grant review challenge of a U.S. patent related microbiomes and the treatment of cancer. The result could provide an indication of how microbiome-related patents will fare when challenged for validity. Click here for the full article.
  May 2, 2020
• Microbiome Times

  Validity Attack on US Patent for Bifidobacetrium Combo-Therapy: What can we learn?

  Boston Intellectual Property partners Mark FitzGerald and David Resnick co-authored this article analyzing a recent decision by the U.S. Patent Trial and Appeal Board to invalidate a University of Chicago U.S. microbiome patent. The authors note some positive aspects of that decision within the microbiome community, as it provides increased definition around what they can protect with patents.
  April 29, 2020
• IAM

  Patent opportunities and dangers in the microbiome revolution

  Boston Intellectual Property partner Mark FitzGerald discusses how the microbiome—the collection of microbes that occupy the human body—has become an increasingly fruitful source of insights for life sciences researchers looking to develop new therapeutics.
  April 2, 2020
• Law360

  You Say 'Insolubly Ambiguous,' I Say 'Reasonably Certain'

  Boston partners Maia Harris and Mark FitzGerald and associate Shayne Huff authored this column discussing the U.S. Supreme Court’s unanimous decision in Nautilus Inc. v. Biosig Instruments Inc.
  June 4, 2014