People

Vinita Ferrera

Partner

Ferrera, Vinita

Vinita Ferrera focuses her practice on complex commercial litigation, with an emphasis on intellectual property disputes, including patent, trademark, trade dress, copyright and trade secret claims. She has litigated cases involving a variety of industries, including pharmaceuticals, biotechnology, medical devices, consumer products, computer hardware and software, financial services and electronic commerce. Her practice has encompassed all facets of litigation, including discovery, trials, injunction proceedings, appeals, settlement, and alternative dispute resolution, before federal and state courts, as well as administrative agencies including the Trademark Trial and Appeal Board.

In 1999, Ms. Ferrera served as a special assistant district attorney in the Middlesex County District Attorney's Office, where she prosecuted a variety of criminal cases for the Commonwealth of Massachusetts.

Ms. Ferrera is admitted to practice in the Commonwealth of Massachusetts and the state of New York, and before the United States District Court for the District of Massachusetts, the United States District Court for the District of Colorado, the United States Court of Appeals for the First Circuit and the United States Court of Appeals for the Federal Circuit.

Honors & Awards

Ms. Ferrera was named to the Boston Business Journal's 2008 "40 under 40" list, which profiles 40 rising stars within Massachusetts' innovative business and nonprofit communities. Ms. Ferrera has also been named a "Massachusetts Super Lawyers Rising Star" in intellectual property litigation in 2005 and 2006; a "New England Super Lawyer" in the 2007, 2008, 2011, 2012, 2014 and 2015; and among the "Top Women Attorneys in Massachusetts" in the April 2016 issue of Boston Magazine.

Publications & News

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September 21, 2016

Copyright and Trademark Case Review: RunDMC, Stem Cells and Pirates

WilmerHale compiles lists of precedential and informative opinions that raise copyright and trademark law issues. The following is a consolidated list of those opinions with brief summaries designed to showcase the latest developments in intellectual property law.

August 15, 2016

Copyright and Trademark Case Review: Wine, Vodka and a Little Karaoke

WilmerHale compiles lists of precedential and informative opinions that raise copyright and trademark law issues. The following is a consolidated list of those opinions with brief summaries designed to showcase the latest developments in intellectual property law.

July 6, 2016

Copyright and Trademark Case Review: In "Vogue," Burning Man, Building Plans and More

WilmerHale compiles lists of precedential and informative opinions that raise copyright and trademark law issues. The following is a consolidated list of those opinions with brief summaries designed to showcase the latest developments in intellectual property law.

June 21, 2016

Copyright Flash Report: Attorneys' Fees and Pre-1972 Safe Harbor

In a unanimous decision, the Supreme Court clarified the Copyright Act's fee-shifting provision of 17 U.S.C. § 505, holding that district courts must give “substantial weight to the objective (un)reasonableness of a losing party's litigating position,” while “taking into account all other relevant factors,” without raising a presumption against granting fees where the losing party's position was reasonable.

May 31, 2016

Copyright and Trademark Case Review: Sibling Rivalry, Grilled Meat and Attorneys' Fees

WilmerHale compiles lists of precedential and informative opinions that raise copyright and trademark law issues. The following is a consolidated list of those opinions with brief summaries designed to showcase the latest developments in intellectual property law.

May 5, 2016

Copyright and Trademark Case Review: Cheerleading Uniforms, DMCA Users, Graphical Layouts and More

WilmerHale compiles lists of precedential and informative opinions that raise copyright and trademark law issues. The following is a consolidated list of those opinions with brief summaries designed to showcase the latest developments in intellectual property law.

April 4, 2016

Copyright and Trademark Case Review: FLANAX, Fishing Tackle, Football Players and More

WilmerHale compiles lists of precedential and informative opinions that raise copyright and trademark law issues. The following is a consolidated list of those opinions with brief summaries designed to showcase the latest developments in intellectual property law.

March 21, 2016

"Dancing Baby" Decision Affects DMCA Notice-and-Takedown Provision

The Ninth Circuit amended its prior opinion in the famed "Dancing Baby" case, at the same time denying both parties' petitions for panel rehearing and plaintiff Stephanie Lenz's petition for rehearing en banc.

March 2, 2016

Copyright and Trademark Case Review

WilmerHale compiles lists of precedential and informative opinions that raise copyright and trademark law issues. The following is a consolidated list of those opinions with brief summaries designed to showcase the latest developments in intellectual property law.

January 5, 2016

Belmora v. Bayer: Does the Lanham Act Protect An Owner of a Well-Known Foreign Mark From Intentional Misuse of the Mark in the U.S.?

An article by Vinita Ferrera, Bo Han, and Becky A. Whitfield, published in the January 1, 2016 issue of Bloomberg BNA's Patent, Trademark & Copyright Journal.

Recent Highlights

During the last several years, Ms. Ferrera has:

  • Successfully tried a patent case for a small biotechnology company accused of infringement by its larger competitor
  • Obtained a defense jury verdict for a provider of cloud-based collaboration solutions in a patent infringement case
  • Successfully represented a large automobile manufacturer in several arbitrations arising from the manufacturer’s termination of dealers during bankruptcy
  • Represented a large financial services company in prosecuting claims of breach of non-competition and non-disclosure covenants and theft of trade secrets arising out of the “lift-out” by a competitor of a team of asset managers
  • Obtained a jury verdict of trade dress validity and infringement for a Japanese manufacturer involving the unique design of its engine
  • Represented an online health marketing company in asserting claims of copyright infringement, misappropriation of trade secrets and breach of fiduciary duty arising out of an employee’s misconduct
  • Successfully defended a semiconductor company against allegations of patent infringement involving video-compression technology
  • Obtained a jury/bench verdict in a trademark case for a major paper manufacturer involving its distinctive mottled design for notebook covers 
  • Successfully tried a trademark case for a large financial institution involving competing claims to a trademark used by both parties for over a century
  • Obtained summary judgment in favor of an Internet company in a case involving novel trademark and copyright issues arising from online advertising practices
  • Represented numerous pharmaceutical companies in ANDA-related patent litigation

Professional Activities

Ms. Ferrera is a member of the Board of the Lawyers Committee for Civil Rights and Economic Justice. She is also a member of the Boston Bar Association, the American Bar Association and the American Intellectual Property Law Association.

Practices

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Education

JD, cum laude, New York University School of Law, 1995, Member, National Moot Court Competition Team; Order of Barristers

BA, magna cum laude, University of Colorado, 1992

Bar Admissions

Massachusetts

New York

Government Experience

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