Emily R. Whelan

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, biosimilars, and other patent litigation involving pharmaceutical and biotechnology 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.

Professional Activities

Ms. Whelan is a member of the Board of Governors of the Boston Patent Law Association and a vice chair of the PTAB Trials Committee of the PTAB Bar Association. Ms. Whelan is also a member of the American Bar Association and the American Intellectual Property Law Association.


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 named a "Massachusetts Super Lawyer' in 2018. She was also 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 2012–2018, and named her to its 2016 and 2017 awards shortlists for General Patent Litigator of the Year: New England. She is also named a leading lawyer in the 2018 Life Sciences Expert Guide.

Insights & News


  • Education

    • AB, Chemistry, Cornell University

      summa cum laude Phi Beta Kappa
    • JD, Harvard Law School

      cum laude
  • Admissions

    • Massachusetts

    • United States Patent and Trademark Office

  • Languages

    • German