Mary K. Ferguson Ph.D.
Mary Ferguson focuses on patent litigation, opinion work, and strategic intellectual property counseling involving the pharmaceutical, chemical, and biotechnology arts.
Dr. Ferguson has a broad range of patent litigation experience that spans pre-litigation investigation through appeal to the U.S. Court of Appeals for the Federal Circuit. Dr. Ferguson has extensive experience conducting due diligence and factual investigations in advance of filing suit, preparing dispositive and discovery motions and briefs, preparing and responding to discovery requests, preparing and examining fact and expert witnesses, and managing day-to-day litigation activities. Dr. Ferguson has also assisted clients with coordination of worldwide patent challenges that parallel with U.S. litigation.
Dr. Ferguson maintains an active patent prosecution and counseling practice. She has extensive experience with U.S. and international patent prosecution and portfolio management, primarily in the biotechnology arts. She has conducted and managed due diligence investigations and prepared infringement, validity, patentability, and freedom-to-operate opinions.
Dr. Ferguson has extensive experimental experience in various techniques of molecular biology, biochemistry, and cell biology, including recombinant protein and nucleic acid expression, protein purification, and immuno-fluorescence.
- Successfully obtained determination of infringement, validity, and enforceability of an Orange Book listed patent for AstraZeneca against seven generic challengers in the D. Delaware.
- Assisted numerous U.S. and European biotechnology and pharmaceutical companies in due diligence investigations.
- Assisted a U.S. biotechnology company with strategic intellectual property positioning and patent portfolio analyses.
- Pro bono representation of federal employee beneficiary in an appeal to the U.S. Court of Appeals for the Federal Circuit.
- Served as a law clerk to the Honorable Pauline Newman of the U.S. Court of Appeals for the Federal Circuit, 2002-2003.
- Served as an extern for the Honorable John C. Coughenour, Chief Judge of the U.S. District Court for the W.D. Washington, 2002.
- Recognized as an “IP Star—Top 250 Women in IP,” 2013; and as an “IP Star” in Massachusetts by Managing Intellectual Property, 2013-2016.
- Recognized as a Massachusetts "Rising Star" in Intellectual Property Law, Super Lawyers Magazine, 2005-2008, 2010-2012.
- Boston Intellectual Property Inn of Court
- Federal Circuit Bar Association
- American Intellectual Property Law Association
- Boston Bar Association