Emily R. Whelan


Whelan, Emily R.

Ms. Whelan's practice includes Patent Office practice, litigation and counseling in the fields of chemistry, biotechnology and pharmaceuticals. Her experience includes patent strategy across the spectrum from pre-litigation investigation and litigation, to Patent Office post-grant proceedings including inter partes review and reexamination, to analysis of the competitive landscape and IP due diligence, as well as obtaining patent protection and portfolio management.

Practice highlights include being part of teams involved in:

  • Representing innovator pharmaceutical companies in ANDA patent infringement and other litigation involving pharmaceutical patents;
  • Inter partes review of patents in pharmaceutical and semiconductor fields;
  • Patent prosecution and reexamination of patents in chemical technologies, including new battery materials;
  • IP due diligence and analysis of competitor patents in pharmaceutical, biotechnology, medical device and food industries; and
  • Managing patent portfolios including small molecules, pharmaceutical formulations, and treatment methods for pharmaceutical companies.

Honors & Awards

Ms. Whelan was named to the "Top Women Attorneys in Massachusetts Rising Stars" list in the April 2016 and 2017 issues of Boston Magazine and was selected as a "Massachusetts Super Lawyers' Rising Star" in 2006, 2007, 2014, 2015 and 2016. LMG Life Sciences recognized Ms. Whelan as a Life Sciences Star in 2012-2017, and named her to its 2016 and 2017 awards shortlists for General Patent Litigator of the Year: New England.

Publications & News


April 4, 2018

Important New Patent Term Adjustment Decision Allowing Post-RCE B Delay

A recent decision calls into question the US Patent and Trademark Office regulation providing that B delay stops accruing as soon as a Request for Continued Examination is filed.

November 7, 2017

LMG Life Sciences 2017 Honors WilmerHale With Top Rankings

LMG Life Sciences has recognized WilmerHale among the nation's leading life sciences law firms in its 2017 rankings, citing the firm's Life Sciences Practice as “renowned for its range and multidisciplinary teams that counsel clients in technology, pharmaceutical and medical device companies as well as investment banks and venture capitalists.”

September 19, 2017

LMG Life Sciences Names WilmerHale Life Cycle Firm of the Year and Lisa Pirozzolo General Patent Litigator of the Year

Lawyers from across the United States and Canada gathered on September 13 at the Essex House in New York to celebrate the annual LMG Life Sciences Awards, recognizing the 2017 top firms and legal professionals in the life science industry.

July 20, 2017

LMG Life Sciences Recognizes WilmerHale in 13 Categories on 2017 Award Shortlist

In its annual recognition of the top law firms, lawyers and in-house counsel in the life sciences industry, LMG Life Sciences named WilmerHale to its 2017 award shortlist in 13 categories.

July 20, 2017

WilmerHale Earns Win at Federal Circuit on Behalf of Takeda in Hatch-Waxman Litigation

The appeals court reversed a district court finding of patent invalidity based on obviousness and remanded the case with instructions to enter judgment in favor of Takeda.

November 9, 2016

LMG Life Sciences Ranks WilmerHale and Attorneys Among the Best

The 2016 guide highlights nine firm practices and 18 attorneys, recognizing work under three categories—Intellectual Property, Finance and Transactional, and Non-IP Litigation and Enforcement.

September 14, 2016

LMG Life Sciences Recognizes WilmerHale in Multiple Categories on 2016 Award Shortlist

In its annual recognition of the top law firms, lawyers and in-house counsel in the life sciences industry, LMG Life Sciences named WilmerHale to its 2016 award shortlist.

September 14, 2015

LMG Life Sciences Release 2015 Rankings, Again Names WilmerHale a "Life Cycle Firm"

In its latest edition, LMG Life Sciences recognizes eight WilmerHale practice areas and 16 attorneys, and for the fourth consecutive year names WilmerHale a "Life Cycle Firm."

September 12, 2014

When Inter Partes Review Meets Hatch-Waxman Patents

An article by Christopher Noyes, Emily Whelan, Corinne Atton and Heather Petruzzi, published by Law360 as part of a series of articles authored by the firm on the topic of post-grant proceedings.

January 21, 2014

Federal Circuit Finds Patentees Entitled to Additional Patent Term Adjustment

Professional Activities

Ms. Whelan is co-chair of the Patent Office Practice Committee of the Boston Patent Law Association. Ms. Whelan is also a member of the American Bar Association and the American Intellectual Property Law Association.


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AB, Chemistry, summa cum laude, Cornell University, Phi Beta Kappa

JD, cum laude, Harvard Law School

Bar Admissions


United States Patent and Trademark Office



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