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Heather Repicky, Boston Attorney
OVERVIEW

Heather B. Repicky

Partner

Boston

One Marina Park Drive
Suite 1530
Boston, MA 02210

P 617-316-5317

F 617-316-5311

Heather B. Repicky advises on patent, trademark, copyright, and trade secret issues facing companies large and small. Heather’s deep knowledge and litigation strength, combined with her strategic and direct approach, allows her to work with clients to resolve their most challenging intellectual property disputes.

OVERVIEW

Heather B. Repicky advises on patent, trademark, copyright, and trade secret issues facing companies large and small. Heather’s deep knowledge and litigation strength, combined with her strategic and direct approach, allows her to work with clients to resolve their most challenging intellectual property disputes.

Heather focuses her practice on IP and complex commercial litigation. She is a first-chair litigator and has represented clients in all stages of the litigation life cycle, including in several patent jury trials in federal court and before the U.S. Court of Appeals for the Federal Circuit and the U.S. Supreme Court. A fearless and steadfast advocate, Heather is known for her unique ability to distill complex technical and factual issues into terms that are understandable to lay judges and juries across the country.

Heather’s patent litigation experience spans a number of technical areas, including medical devices, genetically modified yeasts, electronic components, and social media platforms. Critically, Heather tailors her approach for each case, while at the same time leveraging her experience to drive value for clients.  

In addition to her patent litigation experience, Heather has advised clients in trademark and copyright matters and counseled them on how to protect their brands, whether that be through proceedings in the U.S. Patent and Trademark Office or in state and federal courts. 

Clients also turn to Heather to navigate thorny commercial disputes, including litigation related to joint ventures, licensing agreements, and supply and distribution contracts.

Although Heather’s practice is national in scope, the District of Massachusetts is truly her home court. Having litigated in the District for more than 15 years, she brings a unique local perspective to cases in the Commonwealth. As a result, several Fortune 500 companies have retained Heather as counsel for their IP litigation in Massachusetts. 

Heather is frequently quoted in the media on cutting-edge developments in the intellectual property field, including IPWatchdog, Law360, Intellectual Asset Management Magazine, and Massachusetts Lawyers Weekly, among others. Heather is also is a sought-after speaker; she regularly presents on patent and intellectual property litigation strategies. 

Professional and Community Involvement

Member, Intellectual Property Owners Associations' Women in IP Law Committee

Honors

BTI Client Service All-Star, 2023 

The Best Lawyers in America, 2023-2025

Massachusetts Super Lawyers, 2017-2021

Massachusetts Super Lawyers, Rising Stars, 2009-2015

EXPERIENCE
EXPERIENCE
  • Acting as lead trial counsel in a jury trial on behalf of a medical component manufacturer sued by a competitor for patent infringement and willful infringement of two patents
  • Securing summary judgment of obviousness for defendant alleged to have infringed patent directed to a method of insertion of a medical device
  • Acting as lead trial counsel in the damages phase of a bifurcated jury trial involving a patent directed to yeast used for bioethanol production
  • Drafting amicus brief to the Massachusetts Supreme Judicial Court on behalf of a patent law association in a case involving subject matter conflict-of-interest issues in patent prosecution
  • Securing summary judgment of no inequitable conduct in a patent case relating to a social networking patent
  • Achieving reversal by the Court of Appeals for the Federal Circuit of a lost profits award on behalf of an electronic component company sued for patent infringement by a competitor
  • Submitting writ of certiorari to the United States Supreme Court on the scope of evidence that can be considered in evaluating patent indefiniteness
  • Obtained permanent injunction on behalf of a manufacturer of anti-marking products for printing presses, in a patent infringement suit

These matters occurred prior to joining Barnes & Thornburg.

Presentations
  • Co-author, Federal Circuit Issues Precedential On Who Can Petition for and Who Can be Subject to Inter Partes Review, IPWatchdog, June 18, 2019
  • Co-author, What You Need to Know about the District of Massachusetts’ New Local Patent Rules, IPWatchdog, June 11, 2018
  • Co-author, Super Trolls: NPEs Continue to Target Banks, Massachusetts Banker, March 2014
  • Co-author, The Standard for Preliminary Injunctions Should Be Abandoned, ABA Section of Litigation – Intellectual Property Committee, July 2009

These publications occurred prior to joining Barnes & Thornburg.


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