People

Kevin S. Prussia

Partner

Prussia, Kevin S.

Kevin Prussia is a notable attorney who has developed an exceptional practice advising life sciences and technology clients on intellectual property and patent litigation. His practice is multidisciplinary and encompasses strategic counseling and opinion work, as well as litigation and post-grant proceedings. His trial experience includes bench and jury trials in several district courts, including California, Delaware, Massachusetts, New Jersey and New York. His appellate experience includes multiple cases before the United States Court of Appeals for the Federal Circuit as well as other Circuits. Mr. Prussia's post-grant practice includes several inter partes review (IPR) proceedings. He has argued major motions, cross-examined key witnesses, and argued before the Patent Trial and Appeal Board.

Mr. Prussia has experience representing patent owners as well as patent defendants—a unique combination that allows him to better counsel his clients through complex disputes.

On the patent owner side, he has extensive experience representing pharmaceutical and biotechnology clients in Hatch-Waxman litigation, competitor-to-competitor disputes and IPR proceedings. His cases have included both small molecules and biologic products. Mr. Prussia's Hatch-Waxman experience includes cases involving first-filers, multiple subsequent-filers, and "at-risk" launches.

On the patent defendant side, Mr. Prussia advises an array of technology clients in matters involving competitors as well as non-practicing entities, and has experience with utility and design patents.

Recent Highlights

  • Counsel for patentee in several Hatch-Waxman litigation matters related to proposed generic versions of a drug used to treat abnormal cholesterol levels. Patent claims covered therapeutic methods of treatment and formulations.
  • Counsel for patentee in an inventorship dispute involving a COX-2 therapy. 
  • Counsel for patentees in a Hatch-Waxman litigation involving a first-filer challenge to patents covering an anti-platelet drug.
  • Counsel for patentee in several Hatch-Waxman litigations involving challenges to patents covering an orally-active iron chelator.
  • Counsel for patentee in several Hatch-Waxman litigations against over a dozen generic companies involving at-risk launches of generic drugs used to treat certain bone conditions.
  • Counsel for accused infringer in a case involving near-field communication technology. Case was voluntarily dismissed by patentee after briefing on motions to dismiss under Rules 12(b)(1) and 12(b)(6).
  • Counsel for accused infringer in a case involving web page technology. Case was settled after obtaining back-to-back orders dismissing the complaint under Rule 12(b)(6).
  • Counsel for accused infringer in a case involving compression technology. Obtained summary judgment of non-infringement and invalidity. Affirmed by the Federal Circuit.
  • Counsel for accused infringer in a case involving digital imaging technology. Obtained summary judgment of non-infringement. Affirmed by the Federal Circuit.
  • Counsel for patentee in a case involving a wide range of technologies related to the design and use of smartphones. Obtained favorable verdict after a jury trial. Affirmed in part by the Federal Circuit.

Honors & Awards

  • Named to The National Law Journal's 2015 list of Boston Rising Stars
  • Named a Massachusetts Super Lawyers "Rising Star" for intellectual property law in the 2014-2016 issues of Boston Magazine 
  • Awarded the Civil Rights Pro Bono Recognition Award from the Lawyers' Committee for Civil Rights and Economic Justice in 2013
  • Received an Honorable Mention in the Food and Drug Law Institute's 2005-2006 H. Thomas Austern Short Paper Writing Awards Competition for his paper titled "Compulsory Patent Licensure: An Answer for Stranded Clinical Trial Participants?" 

Professional Activities

Mr. Prussia is a member of the Boston IP American Inn of Court. From 2008 to 2010, Mr. Prussia was on the part-time faculty at Boston University School of Law, where he taught a seminar in the Legal Writing Program.

Prior to attending law school, Mr. Prussia was an assistant director of admissions for New York University's Office of Undergraduate Admissions.

Community Involvement

Mr. Prussia serves as the President of the Board of Directors for the ACLU of Massachusetts.

Publications & News

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April 3, 2017

Practice Tips for Patentees Asserting Method-of-Treatment Claims Involving Divided Infringement

In this article published by BNA's Patent, Trademark and Copyright Journal, Kevin Prussia, Jamie Wisz and Steven Horn detail tips for patentees asserting method-of-treatment claims involving divided infringement.

November 20, 2015

Fletcher, Prussia and Tompros Honored Among Boston Rising Stars by The National Law Journal

Partners Lauren Fletcher, Kevin Prussia, and Louis Tompros have been named to The National Law Journal's list of Boston Rising Stars. This annual competition honors outstanding legal professionals who have influenced their practice areas and demonstrated strong leadership qualities.

January 5, 2015

WilmerHale Announces the Elevation of Partners and Special Counsel

We are pleased to announce the elevation of our new partners and special counsel.

June 12, 2014

Diversity Committee Hosts Event With Local SABA Chapter

On May 28, the Boston Diversity Committee hosted “Speaking with Poise and Professionalism,” a discussion with Partner Mark Fleming and Counsel Kevin Prussia.

March 11, 2014

WilmerHale Again Named to Daily Journal’s “Top Verdicts” List

For the second consecutive year, the Daily Journal included WilmerHale in its "Top Verdicts" list, an annual list that recaps California's most significant verdicts over the past 12 months.

February 19, 2014

Massachusetts Supreme Judicial Court Rules in Favor of WilmerHale and ACLU in Case Involving Cell Phone Privacy

On February 18, 2014, the Massachusetts Supreme Judicial Court ruled in Commonwealth v. Augustine that a warrant will often be required when local or state police attempt to track the cell phones of Massachusetts residents.

June 19, 2013

Kevin Prussia Receives Civil Rights Pro Bono Award

On June 11, Kevin Prussia was honored as the recipient of the Civil Rights Pro Bono Recognition Award from the Lawyers' Committee for Civil Rights and Economic Justice.

December 9, 2009

WilmerHale Announces 2010 Promotions

WilmerHale is pleased to announce the firm's 2010 elevations, which will become effective on January 1, 2010. A full list of elevated partners and special counsel can be found at the end of this press release.

January 1, 2006

Note, NAFTA & The Alien Tort Claims Act: Making a Case for Actionable Offenses Based on Environmental Harms and Injuries to the Public Health

Written by Kevin S. Prussia, discussing whether NAFTA investors can be held liable for environmental claims under the ATCA. 32 Am. J. L. & Med. 381 (2006).

January 1, 2004

Recent Development in Health Law, Vaccine Act: Fifth Circuit Reinstates Action Against Thimerosal Manufacturer - Moss v. Merck & Co.

Written by Kevin S. Prussia. 30 Am. J. L. & Med. 565 (2004).

Speaking Engagements

Practices

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Education

JD, Boston University School of Law, 2006, Executive Editor, American Journal of Law & Medicine

BA, Politics, New York University, 2001

Bar Admissions

Massachusetts

New York

Clerkships

The Hon. Richard G. Stearns, US District Court for the District of Massachusetts, 2007 - 2008

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